The Election Code defines disability as “a sickness or physical condition that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter's health.”

A voter can take into consideration aspects of their health and their health history that are physical conditions in deciding whether, under the circumstances, to apply to vote by mail because of disability.” The elections office has no legal authority to require voters verify their disability to apply for ballot by mail.

The Texas Supreme Court