On May 27, Republican officials in Texas declared victory as the Texas Supreme Court unanimously declared a lack of immunity to COVID-19 does not qualify as a valid qualification to vote by mail. Texans are currently eligible to apply if they are 65 years of age or older, disabled, imprisoned, or will be absent from the county during an election.

The court agreed with Texas Attorney General Ken Paxton that a voter’s lack of immunity to COVID-19, without more, is not a “disability” as defined by the Election Code, which defines a disability as a “sickness or physical condition” that blocks a voter from voting in person without risking their health. “We agree with the state that a voter’s lack of immunity to COVID-19, without more, is not a ‘disability’ as defined by the Election Code,” the court wrote.