A group of voters asked the Supreme Court this week to hear a case challenging Texas’ absentee voting law, saying permitting only those 65 and older to vote by mail runs afoul of the U.S. Constitution.

The voters, in their petition to the justices, say Texas Election Code Section 82.003, which says citizens only 65 and older are eligible for early voting by mail, is discriminatory.

They point to the 26th Amendment of the Constitution, which reads in part: “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”

They lost in lower court, with the 5th U.S. Circuit Court of Appeals reasoning the law didn’t infringe on others’ voting rights by simply making it easier for older voters to cast their ballots.

But Bernadette Reyes, a lawyer representing the voters and voting rights groups that have pushed this lawsuit since 2020, said laws should make it easier for all people to participate in democracy.

“We, along with our allied legal partners, stand firm in our commitment to upholding the integrity of our Constitution and the democratic process. We strongly believe that challenging the Texas Election Code is crucial in paving the way for a more inclusive and equitable voting system in the state and across the country for voters of all ages,” she said.

Their petition urges the high court to take up the issue. It would take four justices to vote to hear the case, Cascino v. Nelson.

“This case raises an important question involving a fundamental constitutional right and provides an ideal vehicle for resolving that question,” read the court filing, dated Dec. 5.

A spokesperson from the Texas secretary of state’s office, the named defendant in the lawsuit, did not immediately respond to a request for comment about the petition.

According to court records, eight states send every voter a mail-in ballot: Colorado, Nevada, Hawaii, California, Utah, Oregon, Washington and Vermont.

Twenty-seven other states let voters request a mail-in ballot without providing an excuse or reason.

Texas, though, allows mail-in voting only for voters 65 and older, those who show they’re not present in the state, or citizens disabled and need to vote absentee.

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.