of the Election Code, an individual's fear of contracting COVID-19 is not, by itself,
sufficient to meet the definition of disability for purposes of eligibility to vote a
mail-in ballot.
Finally, to the extent third parties advise voters to apply for a mail-in ballot
based solely on fear of contracting COVID-19, such activity could subject those third
parties to criminal sanctions imposed by Election Code section 84.0041. TEX. ELEC.
CODE § 84.0041 (providing that a person commits an offense if the person
"intentionally causes false information to be provided on an application for ballot by
mail"); see also id. § 276.013 (providing that a person commits election fraud if the
person knowingly or intentionally causes a ballot to be obtained under false
pretenses, or a misleading statement to be provided on an application for ballot by
mail). However, whether specific activity constitutes an offense under these
provisions will depend upon the facts and circumstances of each individual case.
Please note that as discussed above this response is not an official opinion of
the Office of the Attorney General issued under section 402.042 of the Texas
Government Code, nor is it an exhaustive memorandum of law; rather, it is an
informal letter of legal advice offered for the purpose of general guidance.

Ryan M. Vassar
Deputy Attorney General for Legal Counsel

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