The 5th U.S. Circuit Court of Appeals rejected Texas Democrats’ attempt to expand mail-in voting Thursday, instead siding with state Republicans.
Texas Democrats argued that the states current law, which allows for mail-in voting for voters who have a disability, are sick, are absent or who are over 65 , violates the 26th Amendment, which protects voters from age discrimination.
However, the three judge panel disagreed, ruling that “conferring a privilege” to some voters, such as those over the age of 65, “does not alone violate the Twenty-Sixth Amendment.”
“A law that makes it easier for others to vote does not abridge any person’s right to vote for the purposes of the Twenty-Sixth Amendment.”
The majority added the Democrats claim that voters over the age of 65 who get to vote by mail without an excuse constitutes, during a pandemic, an abridgment of a younger citizen’s right to vote on account of age “fails because adding a benefit to another class of voters does not deny or abridge the plaintiffs’ Twenty-Sixth Amendment right to vote.”
The decision vacated a lower court’s ruling that required the state to expand mail-in voting to all eligible voters. However, the