Supreme Court Denies Bid to Expand No-Excuse Mail-In Ballots in Texas

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The Supreme Court’s refusal to hear the appeal means that the Texas law stays in place, delivering a win to election integrity advocates.

The U.S. Supreme Court has declined to hear a legal challenge to a Texas law that requires voters under the age of 65 to provide justification to vote by mail, meaning that the Democrat-aligned attempt to sharply expand “no-excuse” mail-in ballots in the Lone Star state has failed, with implications for other states.

According to an April 22 order list, the high court denied petition for a writ of certiorari in a case that stems from a federal lawsuit filed in 2020 on behalf of the Texas Democratic Party and several voters who requested that Texas lift its age-based limitations on no-excuse mail-in voting.

Texas law only allows individuals to vote by mail without a qualifying excuse, like sickness, if they are 65 years or older. In their original complaint, which made its way through a number of lower courts before ending up before the Supreme Court, the petitioners alleged that the Texas voting law violates the 26th Amendment of the U.S. Constitution, which prohibits denying the right to vote due to age.

The Supreme Court’s refusal to hear the appeal means that the Texas law stays in place, delivering a win to election integrity advocates who argue that no-excuse mail-in voting is prone to fraud and makes elections less secure.

At the same time, the high court’s decision to deny certiorari is a setback for groups who see laws like Texas’s age-based limits on no-excuse mail-in ballots as “voter suppression” or an unfair attempt to impose barriers to voting for certain groups, in this case younger voters.

The high court’s decision not to hear the appeal has broader implications, however, since six other states–Indiana, Kentucky, Louisiana, Mississippi, South Carolina, and Tennessee–have similar laws on the books that let older voters to request absentee ballot without having to provide any justification.

Public opinion in Texas over the issue of no-excuse mail-in voting is split, according to some polls

By Tom Ozimek

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