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The following is a joint statement from the ACLU and Mississippi Center for Justice:

The Mississippi Supreme Court today confirmed the position taken by the secretary of state and the plaintiffs in a lawsuit brought by the ACLU and Mississippi Center for Justice that voters may vote absentee if they have a medical condition that qualifies as a 鈥減hysical disability鈥� and puts them at a greater risk of severe consequences if they contract COVID-19.

They also may vote absentee, said the court, if they are under a directive from their physician to quarantine. However, the court rejected the argument that all voters, including those with no medical conditions, should be able to vote absentee if they are following public health guidance to avoid community events.

In the filings before the Mississippi Supreme Court, the secretary of state agreed that the Hinds County Chancery Court correctly held that the four plaintiffs with medical conditions such as kidney disease, severe asthma, and diabetes fell under the provision allowing absentee voting for those with a 鈥減hysical disability鈥� that 鈥渃ould reasonably cause danger鈥� to the voter or others if the voter goes to the polls on Election Day.

The Supreme Court鈥檚 ruling confirmed the secretary鈥檚 position that such a condition must qualify as a 鈥減hysical disability鈥� in order for the person to vote absentee under that provision.

The court also held a voter who receives 鈥渁 directive from a duly authorized physician that orders a voter to quarantine鈥� may vote absentee. However, the court rejected the argument that voters who have no medical conditions may vote absentee if they are following public health guidance to avoid community events.

We are pleased that the secretary of state and the court recognize that some voters have conditions that qualify as 鈥減hysical disabilities鈥� and that place them at such a risk for more severe consequences from COVID-19 that they are allowed to vote absentee. But we are disappointed that voters without such conditions are being forced to ignore public health guidance and required to vote in person.

We hope the Legislature will go back into session and take action to protect vulnerable people during this public health crisis. Even if the legislators are concerned about mail-in voting, they could expand in-person absentee voting or allow early in-person voting during the pandemic and provide for counties to hold Saturday outdoor sessions during October so people can vote in an outdoor setting where COVID-19 is not so easily transferred.

For people who are required to vote on Election Day, they should try to vote during hours when fewer people are at the polls, which means avoiding early morning hours, lunchtime, and late afternoon and evening. Of course, many people have to work and can only vote during the busier hours. Hopefully the Legislature will provide some mechanism to lighten the risk for voters and lighten the load for elections officials that we will otherwise see on Election Day.

Ruling: /legal-document/mississippi-supreme-court-order