Republican Attorney General Ken Paxton of Texas says that “fear of contracting COVID-19” is not a valid legal reason to ask for an absentee ballot. In fact, he issued guidance to the Texas legislature that voting rights advocacy groups that suggest otherwise could be subject to criminal sanctions. However, a state district judge just indicated he will hand down a ruling that comes to the opposite conclusion.

A state district judge said Wednesday that he will move forward with an order easing restrictions for voting by mail in Texas in light of the new coronavirus pandemic.

After conducting a video conference hearing in a lawsuit filed by state Democrats and civic organizations, Judge Tim Sulak told the attorneys he will issue a temporary injunction allowing all voters who risk exposure to the coronavirus if they vote in person to ask for a mail-in ballot under a portion of the Texas election code allowing absentee ballots for voters who cite a disability. His ruling, which is almost certain to be appealed by the state, could greatly expand the number of voters casting ballots by mail in the upcoming July primary runoff elections.

Until now, voting by mail has been limited in the state. Texans seeking an absentee ballot that they can fill out at home and mail in had to be 65 years or older, have a disability or illness, be out of the county during the election period, or be confined in jail.

The Texas election code defines disability as a “sickness or physical condition” that prevents a voter from appearing in person without the risk of “injuring the voter’s health.” Citing ambiguity in state law regarding what qualifies as a disability, Sulak agreed that qualification can currently apply to any voter in Texas.

I suspect the Republicans will eventually prevail in their desire to limit absentee ballots, but that’s not really the point. Win or lose, their desire is to keep turnout low, and vote-by-mail in any form is a threat to them. I’m never going to stop pointing out that we live in a representative democracy in which one of the two viable parties does not want people to vote. They’d rather you die than give up on the advantage they get by making it difficult to cast a ballot.

What does that tell you?