DALLAS — The pandemic put a spotlight on voting by mail during the November 2020 election. That said, you might need a refresher on who's eligible to vote by mail, and how, here in Texas, ahead of the March 1 primary election.
Here's an overview:
According to the Texas Election Code there are only four ways to qualify.
- The first way is, “absence from the county." That means anyone who will not physically be in the county where they live on election day can request a ballot.
- Second, “disability." That's anyone with a sickness or illness where voting in-person likely requires some assistance. Or the act of voting in-person itself could jeopardize that person's health. Included in this category are expecting mothers.
- Third is "age." Anyone over 65 can vote-by-mail.
- And last is “confinement in jail." A person held in jail can get a ballot if there has been no felony conviction in their pending case.
While the pandemic is still ongoing, a federal court decision in 2020 ruled that “fear of contracting COVID-19 unaccompanied by a qualifying sickness or physical condition does not constitute a disability under the Texas Election Code for purposes of receiving a ballot by mail.”
But ultimately, some officials have said, the Texas law leaves all of this up to the voter. It's not election officials who determine if a person qualifies for a mail-in ballot, Toni Pippens-Poole, Dallas County's top election official, told WFAA in 2020.
“If you check disability, there is no authorization under the Texas Election Code for me to ask you for any other additional explanation of the reason why you checked disability,” she said.
So, it’s you who decides if you're qualified through either absence, disability, age or confinement. Still, intentionally mispresenting your status is a felony.
Last thing: If you plan to request a mail-in ballot from county elections officials it has to be received at their office by Friday, Feb. 18.