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?
