A Texas judge on Friday ruled that all registered voters in the state should be allowed to request and use mail-in ballots due to the coronavirus pandemic.

District Judge Tim Sulak, in a ruling filed Friday in Travis County, issued a temporary injunction that eases the definition of "disability" in Texas' vote-by-mail provision, making it apply to all registered voters who fear for their health in casting ballots in person for the state's upcoming elections.

Texas' election code defines "disability" as "a sickness or physical condition that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter's health." Voters who meet this definition and wish to vote by mail must submit applications.
Sulak acknowledged during a court hearing on Wednesday that he expects an appeal from the state attorney's office, which has issued guidance that fear of Covid-19 does not qualify as a disability.

"Moreover the evidence shows that voters and these Plaintiffs ... are reasonable that voting in person while the virus that causes Covid-19 is still in general circulation presents a likelihood of injuring their health, and any voters without established immunity meet the plain language definition of disability thereby entitling them to a mailed ballot," the order read.

In late March, Gov. Greg Abbott postponed dozens of election runoffs statewide for party nominations to congressional and local offices, set for May 26, until July 14. The new date was made to coincide with a competitive special election for a Texas state Senate seat. In issuing the delay, Abbott didn't weigh in on whether to expand mail-in voting access.