It was a coward’s decision – the first thought that came to my mind when I learned that the Texas Supreme Court had sided with Attorney General Paxton in denying Texas voters the right to vote by mail if they feared infection or death of Covid-19 by voting in person. Indeed, this decision was especially disturbing given the recent news that a number of Wisconsin voters became infected from being forced to vote in person by Republican leaders and their State Supreme Court.
This level of desperation follows previous failed efforts to limit the political clout of traditionally Democratic voters in Texas. The dust has barely settled, for example, on recent GOP efforts to include a citizenship question in the 2020 Census; attempts to purge eligible Texans from registered voter lists; reducing the number of polling stations in communities of color; and passing voter ID laws.
Rather than invest in a competitive strategy to win the hearts and minds of Texas voters, it appears that the Republican Party has become so desperate at the thought of losing their political stronghold in Texas that they are willing to risk the health and safety of Texas voters to maintain their status quo. The benefit to society, they argue, is the prevention of large-scale voter fraud. In fact, numerous national studies have confirmed that evidence of voter fraud is practically non-existent in U.S. elections and contradicted by the fact that 35 states in the U.S. continue to use mail-in ballots effectively to encourage voter participation for all residents regardless of their political affiliation or other characteristics.
Interestingly, Texas Attorney General Paxton argued before the Texas Supreme Court that a physical condition must be present in order to qualify to use a mail-in ballot, although age and military service are common exceptions. The fear of becoming sick or dying from the coronavirus, it was argued, does not constitute a physical condition and therefore cannot be used as a basis to request a mail-in ballot. The Court, however, determined that voters can decide for themselves if they think a “physical condition” might prevent them from voting in person or harm them. However, Attorney General Paxton warned that he plans to criminally prosecute third parties that advise voters to apply for a mail-in ballot based solely on fear of contracting COVID-19. In other words, it is up to the voter to determine whether in-person voting will likely lead to injury due to a physical condition.
I find this argument incredulous for two reasons. First, fear and anxiety can be both facilitating and debilitating conditions that can influence the performance of common human behavior. In many instances, fear and anxiety serve as effective survival tools for healthy living to prevent us from engaging in harmful activities, such as petting a wild animal or exposure to toxic environments. When death is imminent or highly probable from such exposure, only a fool would knowingly risk their life if an alternative action was available. Why is the Attorney General forcing voters into the lion’s den just to exercise their right to vote?