National Redistricting Foundation Supports New Lawsuit in Texas to Expand Vote by Mail Provisions
Under the 26th Amendment, Texas Must Expand Vote by Mail to Voters Under the Age of 65
Washington, D.C. — Today a group of voters supported by the National Redistricting Foundation (NRF) is filing a lawsuit in Texas, challenging the state’s Absentee Ballot Age Restriction that restricts the ability to vote by mail to voters based entirely on their age. All Texas voters age 65 and over may vote by mail, regardless of their personal circumstances, but voters under 65 may only do so if they fit into a handful of narrow categories. The Twenty-Sixth Amendment of the U.S. Constitution prohibits burdening the right to vote based solely on a voter’s age. This discrimination is unconstitutional under any circumstances, but remedying it now is even more urgent given the threat posed by COVID-19 and the need to make sure that all Texas voters can cast a ballot while remaining safe and healthy -- regardless of their age. The plaintiffs include Jessie Gloria, a San Antonio resident who was diagnosed with lupus at age 15 and is now immunocompromised, and Nicolás Macri, a high school senior living in College Station.
“This Texas law clearly discriminates against voters based on their age and plainly violates the United States Constitution,” said Eric H. Holder, Jr., the 82nd Attorney General of the United States. “The right of people to vote safely - at home - must be expanded to voters of all ages. There is no rational basis for the age discrimination found in the statute. While the nation deals with the COVID-19 pandemic, states should be removing all unnecessary and unlawful barriers to voting and ensure that people do not have to choose between casting a ballot and putting their health at risk.”
“Given that Texas has already given some voters the opportunity to vote by mail they cannot constitutionally restrict that right to others simply because of their age,” said Marc Elias, Chair of the Political Law Practices at Perkins Coie LLP. “This law must be fixed so that voters of all ages are able to vote by mail this year in Texas.”
"Regardless of age, every Texan deserves the same opportunities to cast a ballot," said Nicolás Macri, a high school senior in College Station, TX. "Voting is our best chance to make sure our government truly represents the people, and we need a fair system that does not discriminate against anyone simply because of their age."
"During this unprecedented time, everyone should have the opportunity to vote by mail so no one is forced to put their families' lives or their own in danger while exercising the right to vote," said Jessie Gloria. "My age should not determine how I am allowed to vote or prevent me from voting by mail, especially while it is the safest way to cast a ballot."
Under the Texas Election Code, any voter who is “65 years of age or older on election day” is eligible for early voting by mail, but voters who are under 65 are only eligible to vote by mail if they meet narrow requirements. Younger voters are less likely than older voters to have easy access to transportation, suffer from information deficits on how and where to vote given their relative inexperience navigating the elections process, and often face -- and are more likely to be disenfranchised by -- long lines at Texas polling places. Given the pandemic, Texas is likely to see consolidation of polling places, potential last minute-changes to in-person voting plans, and even longer lines than usual.
A recent state court decision in Texas Democratic Party v. DeBeauvoir held that people who “reasonably believe they may be at risk to contract COVID-19” could vote by mail, but that ruling is being challenged by the state and it’s not clear how broadly that exception could be applied. Moreover, the Texas Attorney General sent a letter threatening legal action against voters and voting rights groups that request or advocate the request of mail-in ballots because they are afraid of the COVID-19 pandemic. This case is all the more urgent so that Texas voters have clarity on how they can vote the rest of this year.
The National Redistricting Foundation is the 501(c)(3) affiliate of the National Democratic Redistricting Committee, and was formed in 2017 to engage in work that protects voting rights and challenges gerrymandered congressional and state legislative districts. The National Redistricting Foundation has funded and executed lawsuits that include, but are not limited to, overturning gerrymandered congressional and state legislative maps in North Carolina, successfully challenging the Trump Administration’s attempt to add a citizenship question to the Census, and protecting Wisconsin voters from former Governor Scott Walker’s refusal to call special elections and attacks on early voting.
You can download a filed copy of the complaint here.
Contact: Brooke Lillard | Lillard@redistrictingfoundation.org
