Alaska: Lawsuit says automatically mailing absentee ballot applications only to those 65 and older is unconstitutional | Andrew Kitchenman/Alaska Public Media
A lawsuit over the state’s decision to automatically send absentee ballot applications only to those 65 and older is headed to federal court. The lawsuit alleges that the action unconstitutionally discriminates against younger voters. Anchorage lawyer Scott Kendall filed the lawsuit on behalf of several plaintiffs. “Our lawsuit’s very simple: You want to help people to vote absentee? We applaud it. Help all eligible vote absentee in the same way,” he said. “And don’t discriminate in an unconstitutional fashion.” Lt. Gov. Kevin Meyer announced in June that the state would be sending requests to vote by mail to all Alaskans 65 and older. He cited the increased risk that older people face for complications from COVID-19. The lawsuit was filed by the Disability Law Center of Alaska, Native Peoples Action Community Fund, Alaska Public Interest Research Group and two residents. The lawsuit said limiting who automatically receives the applications violates the 26th Amendment to the U.S. Constitution, which says the rights of citizens 18 and older to vote shall not be denied or abridged on account of age. And the lawsuit said that word “abridged” is key — and that it means some voters can’t have a better opportunity to vote than others. Kendall said the age cutoff is arbitrary.