Updated at 3:27 p.m. with news of another motion in a related lawsuit.
AUSTIN — Six Texas voters are suing the state over age restrictions that allow citizens 65 or older to vote by mail because they say it violates the constitutional right of younger voters.
The Texans argue this state rule violates the 26th Amendment of the U.S. Constitution because younger voters are only allowed to vote by mail if they have a disability, are confined in jail, will be absent from the county where they are registered to vote for the entirety of election day or would otherwise face challenges getting to the polls.
“In Texas, any voter 65 years old or older is eligible to request and cast their ballot by mail in the State’s elections,” the lawsuit filed in federal court in San Antonio on Wednesday says. “All voters under 65, however, are broadly and categorically prohibited from doing the same ..."
The 26th Amendment states the right to vote of citizens 18 or older “shall not be denied or abridged ... by any State on account of age.”
This is the third lawsuit seeking to expand mail-in ballot access amid coronavirus concerns. The Texas Democratic Party and civil rights groups also filed state and federal lawsuits arguing Texans could catch the novel coronavirus if they are required to head to the polls for the primary runoffs and November general election.
A state judge earlier this month issued a temporary injunction, allowing Texans to qualify for mail-in ballots for the July 14 primary runoffs under the disability clause in the Texas election code.
Attorney General Ken Paxton, who said in an advice letter that “fear of contracting COVID-19” did not count as a disability, appealed the ruling. Paxton and Republican leaders have argued expanding mail-in voting could open the state to more voter fraud, although other states already allow broader mail-in voting.
The federal lawsuit is still pending, and Texas Democrats on Wednesday requested a preliminary injunction to ensure Texans can vote by mail in the upcoming primary runoff elections.
“Texans under the age of 65 deserve the opportunity to vote by mail and the information they need to do so,” Texas Democratic Party Chair Gilberto Hinojosa said in a statement. “They deserve clear and concise guidance as to whether they are eligible to vote and how to request a mail-in-ballot if so.”
In response, a spokesman for the attorney general’s office reiterated the department’s stance Wednesday.
“Our office will continue to defend Texas’s election laws to ensure that our elections are fair and our democratic process is lawfully maintained,” said Marc Rylander.
