I had been wondering if any lawsuits that are challenging excuse-based absentee voting in the era of COVID have raised a 26th amendment age discrimination in voting claim. These excuse-based states generally allow anyone over 65 to get an absentee ballot without excuse.

I’ve now learned that this Texas suit raises a 26th amendment claim in its 6th count, and more litigation may be coming raising this issue.

I ask because in our forthcoming piece on the 19th Amendment, Leah Litman and I discuss a new round of litigation under the 26th amendment.