Mississippi Court Affirms Greater Access to Absentee Voting During COVID-19

JACKSON — The Hinds County Chancery Court has ruled that every voter with underlying medical conditions placing them at risk of severe COVID-19 illness or death can vote absentee this election.

The American Civil Liberties Union, ACLU of Mississippi, and Mississippi Center for Justice had filed a lawsuit seeking to ensure that absentee voting is more accessible to Mississippians during the COVID-19 pandemic. The case was filed on behalf of several Mississippians who are following public health guid

ance and who want to vote, but are fearful of contracting COVID-19 if they ignore that guidance and vote in person on Election Day.

In the court’s decision, Chancellor Denise Owens upheld the plaintiffs’’ argument that an underlying illness that puts someone at higher risk of severe illness from coronavirus is a disability and qualifies them to vote absentee. The court also upheld the plaintiffs’’ argument that anyone being cared for qualifies as a dependent and anyone caring for a dependent under physician-restricted quarantine can vote absentee.

Rob Mcduff, director of the George Riley Impact Litigation Initiative at the Mississippi Center for Justice said the court was right to rule in favor of the voters.

“The court correctly concluded that Mississippi voters may vote absentee if they have medical conditions that will lead to particularly severe consequences if they contract COVID-19,” he said. “But we believe the right to vote extends even further and requires that absentee voting be available to all Mississippi voters who are following public health guidance and avoiding community events during this pandemic.”

Mississippi voting laws allow absentee voting in instances where the voter has a disability that would make voting a “severe hardship” or would put them at greater risk. In July, the Legislature added language to the state’s absentee voting statute to define those under quarantine or caring for someone under quarantine as having a temporary disability and allowing them to vote.

The court agreed four of the plaintiffs, who suffer from illnesses including Lupus, chronic kidney disease, melanoma, asthma and diabetes, qualified to vote absentee because of the risk coronavirus posed to them with their disabilities. Owens ruled the Mississippi Department of Health’s guidance for high risk individuals, which states: “People at risk for serious illness from COVID-19 are adults 65 and over, those who are obese, those with a chronic illness such as heart disease, diabetes or lung disease, and anyone receiving treatments which may compromise their immune system.”

For high risk people, MDSH guidelines encourage them to “stay home as much as possible” and “keep away from others who are sick, and practice strong social distancing.”

Theresa Lee, staff attorney, ACLU’S Voting Rights Project said the court’s decision allowed more voters to vote without compromising their safety, but there was still more to do.

“This ruling means more Mississippians will not have to risk exposure to a deadly virus in order to vote,” she said. “The court should have extended this to all voters, and we are examining next steps to ensure everyone can protect their health and their vote.”