AUSTIN (Talk1370.com) -- A federal judge on Tuesday opened the door for any Texas voter to cast a ballot by mail over fears of the coronavirus.
The ruling Tuesday by U.S. District Judge Fred Biery comes days after a two-hour preliminary injunction hearing in San Antonio.
"Clearly, fear and anxiety currently gripping the United States has limited citizens’ physical movements, affected their mental senses and constricted activities, socially and economically," Biery wrote in his ruling.
Attorney General Ken Paxton said his office would immediately appeal the ruling. "The district court’s opinion ignores the evidence and disregards well-established law," Paxton said in a statement. "We will seek immediate review by the Fifth Circuit Court of Appeals."
Voting by mail in Texas is generally limited to those 65 or older or those with a "sickness or physical condition" that prevents voting in person. Texas is set to hold its primary runoff elections on July 14.
Paxton has been fighting a similar case in the state courts, where state District Judge Tim Sulak ruled in April that a fear of contracting COVID-19 would qualify under the state's election laws. That ruling has been temporarily blocked by the Texas Supreme Court.
