Unfair but Upheld: Texas law on mail-in ballots survives challenge

It doesn't look like universal mail-in voting will be coming to the Lone Star State.

At least not by the November elections.

Texas law allows citizens age 65 or older a mail-in ballot by simple request. But those under that age must have a valid reason for voting by mail, such as disability, illness or being out of their home county during the voting period.

Six Texas voters - backed by the National Redistricting Foundation, a Democratic Party affiliate - took the state to court, arguing the law violates the 26th Amendment prohibition of voting restrictions that discriminate based on age.

The plaintiffs won in lower court, but on Friday a three-judge panel of the U.S. 5th Circuit Court of Appeals overturned that ruling 2-1.

In our view, the law does indeed discriminate. One can argue all day long about potential fraud, COVID-19 or other considerations. But this case isn't about any of that. Texas should either allow all to vote by mail or subject all to the restrictions imposed on those under age 65. We think the U.S. Supreme Court would agree.

Eventually.

But it's unlikely the justices would upset the apple cart so close to November.

So if you are over 65, you can vote by mail in Texas. Under that number and you'll likely have to come up with a good reason or take your chances at the early or election day polls. At least this year.

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