The U.S. Supreme Court has opted not to hear a challenge to a Texas law that mandates voters under 65 to provide a valid reason for voting by mail. This decision effectively preserves the existing law and is seen as a victory for proponents of election integrity.
The high court’s refusal to consider the case means that the Democratic Party’s push to broaden access to “no-excuse” mail-in voting in Texas has hit a dead end, a ruling that could set a precedent affecting similar laws in other states.
In April, the Supreme Court issued an order denying a petition for a writ of certiorari concerning a federal lawsuit initiated in 2020 on behalf of the Texas Democratic Party and several voters seeking to abolish the age-related restrictions on no-excuse mail-in voting.
Under Texas law, individuals under 65 can only vote by mail if they meet specific criteria, such as being ill. The plaintiffs in the original lawsuit claimed this regulation infringes upon the 26th Amendment of the U.S. Constitution, which forbids voting discrimination based on age.
The Supreme Court’s choice not to engage with the appeal solidifies the Texas law, which advocates of election integrity assert will mitigate the risks of voter fraud and enhance the security of elections.
This ruling, however, is perceived as a setback by those who argue that such age-based restrictions constitute “voter suppression,” effectively erecting barriers to voting, particularly impacting younger demographics.
The implications of this decision ripple beyond Texas, as six other states—Indiana, Kentucky, Louisiana, Mississippi, South Carolina, and Tennessee—maintain similar laws permitting older voters to request absentee ballots without justification.
In Texas, public sentiment on no-excuse mail-in voting appears divided, as indicated by recent polls.
More Details
The initial petition, filed during the COVID-19 pandemic, sought to lift the age-based restrictions due to health risks associated with the virus. In May 2020, a district court judge temporarily ruled in favor of the plaintiffs by blocking the Texas law.
However, Texas Attorney General Ken Paxton led the state’s officials in an appeal to the 5th U.S. Circuit Court of Appeals, which reinstated the enforcement of the law while the appeal proceeded.
Subsequently, the plaintiffs appealed to the U.S. Supreme Court, seeking either a reimplementation of the district court’s ruling or a full review of the case, both of which were denied.
The 5th Circuit ultimately annulled the lower court’s May 2020 order, prompting the plaintiffs to submit an amended complaint that included allegations of racial discrimination and violations of the Equal Protection Clause of the 14th and 26th Amendments.
In July 2022, the district court dismissed all claims by the plaintiffs, leading to further appeals. Ultimately, the 5th Circuit upheld the dismissal, and the plaintiffs filed a petition for a writ of certiorari in December 2023, asking the Supreme Court to rule on the constitutionality of Texas’s age-based voting law.
The court’s decision to decline the appeal leaves Texas’s restrictions intact, effectively quashing efforts to broaden access to no-excuse mail-in voting.
The Epoch Times has reached out to both petitioners and respondents for comments regarding the high court’s ruling.
Election Integrity or Voter Suppression?
This Supreme Court ruling emerges amid a wider debate over whether efforts aimed at maintaining election integrity are, in fact, acts of voter suppression. Advocates for stricter voting laws argue that security measures are necessary to fortify the electoral process against potential fraud.
According to a tally by the left-leaning Brennan Center for Justice, 2023 saw a significant increase in expansive voting laws, with 53 such measures introduced across 23 states, contrasting with only 17 restrictive laws passed in 14 states. This suggests a shifting tide in favor of broader voting access.
Amid ongoing concerns about voter fraud, former House Speaker Newt Gingrich recently stated that Republicans would need to significantly outvote Democrats in order to ensure a fair election, advocating for a model where all voters cast ballots on the same day and are required to present identification.
In the same vein, an election integrity monitor has proposed a series of reforms aimed at securing voter integrity for the upcoming 2024 election, including banning ranked choice voting, non-citizen voting, consolidating election dates, enforcing voter ID laws, and safeguarding mail-in ballots.
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