Texas Democrats urge federal appeals court to allow voters of all ages to vote by mail
With the November general election just nine weeks away, the Texas Democratic Party was back in court Monday arguing before a federal appeals court that Texas’ mail-in ballot requirements discriminate against voters under 65.
A panel of three judges on the U.S. 5th Circuit Court of Appeals heard arguments over whether Texas’ age limit of 65 years and over violates provisions of the 26th Amendment — which prohibits age from being used as the basis to deny someone the right to vote.
Under Texas law, voters can only qualify for an absentee ballot if they submit an application and are either 65 or older, disabled, out of the county on Election Day and during in-person early voting, or confined in jail.
Kyle Hawkins, who argued on behalf of the state, said when Texas allowed seniors the option of voting by mail, “it did not erect a barrier to the exercise of the franchise for everybody else.”
But Chad Dunn, who argued on behalf of the Texas Democratic Party and voters suing the state, argued that Texas’ eligibility requirements irreparably harm voters under 65 years old who must vote in person while the novel coronavirus continues to spread.
“At the end of the day, this case is about a fair electoral system where nobody has to go through additional burdens in order to vote,” Dunn said.
The panel of judges who heard Monday’s arguments include Judge Carolyn Dineen King, an appointee of President Jimmy Carter, Judge Carl E. Stewart, an appointee of President Bill Clinton, and Judge Leslie H. Southwick, who was appointed by President George W. Bush.
The case is on a tight timeline, with Oct. 23 the deadline for absentee ballot applications to be received by election officials. Stewart said the judges will “get it decided as soon as we can.” The outcome is likely to be appealed to the U.S. Supreme Court.
The issue of who qualifies to vote by mail in Texas became a focal point ahead of the July runoff elections. The Texas Democratic Party and numerous civil rights groups filed a slew of legal challenges in an effort to greatly expand who qualifies amid the pandemic.
Groups suing the state argued that Texans would have to risk their health by visiting polling places in person while the virus still spreads. Meanwhile, Attorney General Ken Paxton said that while a person sick with COVID-19 would qualify for a mail-in ballot, a fear of contracting the virus wouldn’t meet Texas’ eligibility requirements. Paxton also argued that greatly expanding who qualifies for an absentee ballot would lead to increased voter fraud.
Rulings that would have allowed any voter who lacked immunity to COVID-19 to qualify for an absentee ballot were stayed by 5th Circuit Court of Appeals and Texas Supreme Court. After multiple starts and stops to expanded access, the issue reached the U.S. Supreme Court in June. While the court denied the Texas Democratic Party’s request to lift a stay to allow all eligible voters to qualify for a mail-in ballot, the court may still hear the underlying case ahead of the November election.
“There are real harms under this statute — even outside the pandemic,” Dunn said during a press conference after Monday’s hearing. “But right now, it’s critically important we get relief so that all voters have an equal right to vote in this next presidential election.”
Oct. 5 is the last day to register to vote in the Nov. 3 general election. Mail-in ballot applications must be received by Oct. 23. Early voting begins Oct. 13 and lasts through Oct. 30. Tarrant County voters can learn more about registering to vote or requesting a mail-in ballot by visiting the Tarrant County Elections website or calling 817-831-8683.
This story was originally published August 31, 2020 at 3:27 PM.
