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Mississippi justices: No broad absentee voting during COVID

Mississippi law does not allow absentee voting by all people who have health conditions that might make them vulnerable to COVID-19.

Posted: Sep 18, 2020 3:05 PM

JACKSON, Miss. (AP) — Mississippi law does not allow absentee voting by all people who have health conditions that might make them vulnerable to COVID-19, the state Supreme Court ruled Friday.

A majority of justices reversed a Sept. 2 decision by Hinds County Chancery Judge Denise Owens, saying she too broadly interpreted some changes that legislators made to state law this year.

“Having a preexisting condition that puts a voter at a higher risk does not automatically create a temporary disability for absentee-voting purposes,” justices wrote.

The Mississippi decision contrasts with one handed down Wednesday in a neighboring state, where a federal judge ruled that Louisiana must allow mail-in voting for people with conditions that the U.S. Centers for Disease Control and Prevention has listed as making people more vulnerable to COVID-19, their caretakers and three other groups.

Mississippi does not allow widespread early voting. Instead, state law says absentee voting is available to anyone 65 or older, or for voters of any age who are permanently disabled or will be out of their home county on Election Day. People who have to work on Election Day when polls are open also are allowed to vote absentee.

Legislators tweaked the law this year with provisions that expire at the end of 2020. Those allow absentee voting by someone with a temporary or permanent disability that may include “a physician-imposed quarantine due to COVID-19” or by a person who is “caring for a dependent that is under a physician-imposed quarantine due to COVID-19.”

People with health conditions including lupus and asthma filed a lawsuit Aug. 11 in Hinds County Chancery Court. Their attorneys from the American Civil Liberties Union of Mississippi and the Mississippi Center for Justice argued that any voter with a preexisting condition should be able to vote absentee because the state health officer, who is a physician, has advised that people with such conditions should avoid large public gatherings. The attorneys said such voters should not need individual quarantine orders from another physician, and Owens agreed.

Secretary of State Michael Watson, a Republican, appealed Owens’ order to the state Supreme Court.

Attorneys for Watson wrote in the appeal that the state law's “narrow absentee excuse does not stretch to voters without an underlying ‘physical disability’ just because they have a fear of contracting COVID-19 at the polls, or the voters are voluntarily following public health guidance.”

Other groups filed a similar lawsuit Aug. 27 in federal court, arguing that Mississippi's absentee voting restrictions put people at risk during the coronavirus pandemic. They filed additional papers Thursday asking a judge to block two requirements — that a voter have absentee ballot forms notarized and that people have an excuse to vote absentee, such as being out of town on Election Day. Waiving the excuse would open absentee voting to many more people.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 293542

Reported Deaths: 6638
CountyCasesDeaths
DeSoto19560229
Hinds18674385
Harrison16512276
Rankin12595262
Jackson12451217
Lee9663160
Madison9400195
Jones7891145
Forrest7140136
Lauderdale6784225
Lowndes6008137
Lamar584480
Lafayette5707113
Washington5159128
Bolivar4594120
Oktibbeha439991
Panola426892
Pearl River4116128
Warren4114113
Pontotoc407368
Marshall399492
Monroe3980126
Union392873
Neshoba3767166
Lincoln3464100
Hancock339973
Leflore3358118
Sunflower317185
Tate300874
Pike298393
Scott292567
Alcorn290360
Itawamba288871
Yazoo283862
Tippah275665
Copiah274557
Coahoma272766
Simpson271778
Prentiss268658
Leake251770
Wayne251340
Marion250778
Covington247878
Grenada245876
Adams233277
George230645
Newton224751
Winston220275
Jasper211844
Tishomingo211765
Attala206269
Chickasaw200650
Holmes181670
Clay178149
Stone171429
Tallahatchie169839
Clarke168671
Calhoun156428
Smith151831
Yalobusha142936
Greene126833
Walthall123540
Noxubee122729
Perry121434
Montgomery121237
Lawrence119321
Carroll117623
Amite110832
Webster109929
Jefferson Davis100531
Tunica98623
Claiborne97729
Benton93124
Humphreys91626
Kemper89522
Quitman77014
Franklin75519
Choctaw69516
Wilkinson62226
Jefferson61427
Sharkey48817
Issaquena1676
Unassigned00

Alabama Coronavirus Cases

Cases: 491110

Reported Deaths: 9831
CountyCasesDeaths
Jefferson706291356
Mobile35894721
Madison32255442
Tuscaloosa23996409
Montgomery22462494
Shelby21820215
Baldwin19670274
Lee14900150
Morgan13599249
Calhoun13175285
Etowah13143319
Marshall11226206
Houston10048259
Elmore9337183
Limestone9335134
Cullman8869179
St. Clair8783220
Lauderdale8581210
DeKalb8429174
Talladega7481163
Walker6504251
Jackson6477102
Autauga620389
Blount6086125
Colbert5978118
Coffee5230102
Dale4621106
Russell401831
Franklin397876
Covington3956106
Chilton384298
Escambia377172
Tallapoosa3572141
Clarke342949
Dallas3397141
Chambers3392108
Pike293071
Lawrence281384
Marion280894
Winston246166
Bibb244260
Geneva238670
Marengo233354
Pickens223954
Barbour209951
Hale208868
Fayette199756
Butler195165
Henry182041
Cherokee176438
Monroe165938
Randolph163140
Washington156634
Crenshaw143554
Clay143354
Macon140943
Cleburne136839
Lamar131732
Lowndes130648
Wilcox120825
Bullock116336
Conecuh106523
Perry105327
Sumter98431
Coosa87823
Greene87032
Choctaw54823
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