Mississippi is appealing judge’s ruling that expands absentee voting for COVID-19
Secretary of State Michael Watson has filed an emergency motion asking the Mississippi Supreme Court to overturn a Hinds County judge’s decision that would allow voters with compromised immune systems, or caring for dependents with compromised immune systems, to vote by absentee ballot on Nov. 3
A minority of states, including Mississippi, require an excuse to vote by absentee ballot.
The Chancery Court ruling handed a partial victory to the voters who sued Watson over COVID-19 voting excuses that the state Legislature recently added to the “temporary physical disability” reasons for voting absentee. The amendment restricted COVID-19 excuses to anyone under physician-imposed quarantine or caring for a dependent under quarantine due to COVID-19.
Voters with preexisting medical conditions, or caring for dependents with such a conditions, can also vote absentee, Chancery Court Judge Denise Owens ruled, reasoning that they are more susceptible to illness from COVID-19. The Mississippi Center for Justice, the American Civil Liberties Union of Mississippi and the national ACLU Foundation filed the lawsuit.
Under the ruling, four of six voters who were part of the lawsuit would qualify to vote absentee. Owens’ ruling stopped short of allowing any voter worried about contracting COVID-19 at the polls to vote by absentee ballot.
Owens noted Mississippi State Department of Health guidance that says anyone with a chronic illness is at higher risk from COVID-19 and should “stay home as much as possible.”
But public health guidance to avoid community events during the pandemic does not qualify voters to cast absentee ballots, Owens ruled.
Watson said the last-minute lawsuit and ruling will confuse voters, who can begin requesting absentee ballots Friday. He also said Owens’ ruling contradicts the state legislation and is “flawed,” allowing “virtually any Mississippi voter to vote by mail simply by subjectively claiming a fear of COVID-19.”
Races on the Nov. 3 ballot include president, U.S. Senate and House, a new Mississippi state flag design and some local races.
This story was originally published September 3, 2020 at 11:26 AM.
