As has been said multiple times before, mail-in voting is different from absentee voting. Mail-in voting generally does not have the controls that absentee voting has to prevent voter fraud. There are court cases in various states right now to push for mail-in voting. One of those states is Texas.
On Friday, Hot Air reported the following:
The 5th U.S. Circuit Court of Appeals ruled against a lower court’s preliminary ruling that would have required the State of Texas to expand mail-in voting to all eligible registered voters. The Texas Democrat Party claimed that denying universal mail-in voting in Texas is age discrimination.
Texas allows mail-in voting for voters who are age 65 or older, voters who will be out of the county during the voting period, disabled or ill voters, and people incarcerated but eligible to vote. Absentee voting is allowed, as in other states. For absentee voting, a voter has to request a ballot. Democrats want to move to universal voting by mail, with registered voters receiving a ballot by mail automatically, without the step of requesting one.
The 5th U.S. Circuit Court didn’t agree with the Democrats:
The 5th Circuit’s majority said the state’s law did not violate the U.S. Constitution’s prohibition on age discrimination because it merely conferred an extra benefit on older residents, rather than limiting the right to vote for younger Texans.
“A law that makes it easier for others to vote does not abridge any person’s right to vote,” the majority wrote.
The article concludes:
The age discrimination part of this lawsuit is clearly malarkey. Democrats are just throwing everything against the wall in hopes that something will stick so that universal mail-in voting will come into play in Texas. The court rightly points out that no such argument can be made. If people can go shop at Walmart or a grocery store, they can go vote in person.
The lawsuit now goes back to the court of U.S. District Judge Fred Biery. In May, he ruled that all Texans can vote by mail because of the coronavirus pandemic. In June, however, the 5th Circuit blasted his ruling and blocked it. Biery is a Clinton appointee. It will fall upon Biery now to rule on the remaining issues in the lawsuit, including whether or not the Texas restrictions on mail-in voting violate equal protection guarantees.
Texas Attorney General Ken Paxton released a brief statement – “I am pleased that the 5th Circuit correctly upheld Texas’s vote-by-mail laws, and I commend the court for concluding that Texas’s decision to allow elderly voters to vote by mail does not violate the 26th Amendment.”
Stay tuned. This fight is ongoing in many states.