Saturday, July 18, 2020

AK Lawsuit Argues Giving Right to Absentee Ballots Only to Older Voters Violates 26th Amendment


In the Superior COURT for the State of Alaska, 3rd Judicial District of Anchorage, Plaintiffs: Disability Law Center of Alaska; Native Peoples Action Community Fund; Alaska Public Interest Research Group; Aleija Stover; and Camille Rose Nelson, trough their Attorneys, Holmes Weddle & Barcott, PC and Associated Counsel, Filed this Complaint against Defendants: Kevin Meyer, Lieutenant Governor of the State of Alaska, and the State of Alaska, Division of Elections, by stating and alleging as follows:

This Case is a Challenge to the Decision by the Lieutenant Governor and Division of Elections ("Defendants") to Proactively Mail Absentee Ballot Applications Only to Registered Alaska Voters age 65 and Older, while Intentionally Excluding All other Registered Alaska Voters.

This Case presents Intentional Age Discrimination by Defendants that Violates the Alaska Constitution, the Twenty-Sixth Amendment to the U.S. Constitution, and the Equal Protection and Free Speech Guarantees of the U.S. Constitution.

In Alaska, "a qualified voter may vote an absentee ballot for any reason." Alaska Stat. § 15.20.010. This March 2020, in response to the Pandemic caused by COVID-19, the Legislature recognized that there would be a Substantial Increase in Absentee Voting and Authorized Defendants either to Conduct Elections this year entirely by Mail or issue Additional Regulations as necessary to Run a Safe Election.

But instead of making Voting safer and more Accessible for All Voters, Defendants have instead decided to make it easier for One Particular Group of Voters to Vote by Absentee Ballot than All others. In particular, Defendants have begun Proactively Mailing Applications to Vote by Absentee Ballot to All Registered Alaska Voters who are at least 65 years old, while Excluding All other Voters. These Mailings began arriving in Mailboxes on or about July 13, 2020.

This Selective Mailing Violates the Twenty-Sixth Amendment to the U.S. Constitution, which Prohibits Defendants, as Alaska Officials acting under Color of State Law, from "denying or abridging" the Right to Vote by Anyone age 18 or Older "on account of age." U.S. Const. amend. XXVI. By choosing to Mail Applications Only to Voters 65 and Older, the State has made it more Difficult for Younger Voters to Vote by Absentee Ballot than Older voters. This Age-defined Cut-Off Discriminates among Voters and is Direct Violation of the Twenty-Sixth Amendment.

The Selective Mailing also Violates the Equal Protection and Due Process Guarantees of the State and Federal Constitutions. The Alaska Constitution provides that "all persons are equal and entitled to equal rights, opportunities, and protection under the law," Alaska Const. art. I§ 1, but the Mailing Unlawfully and Specifically Divides the Alaska Electorate into Two Groups based on an Invalid Criteria, Age. By the same reasoning, it also Violates the Plaintiffs' Rights under the First and Fourteenth Amendments of the U.S. Constitution.

The Selective Mailing also has Disproportionate Racial Effects. Based on 2018 Demographic Data, 77% of Alaskans 65 or older are White, but only 67% of Alaskans Under that age are White. The Mailing thus Disproportionately makes it more Difficult for People of Color to access Absentee Ballots.

To the Extent Defendants Claim the Selective Mailing is intended to Protect Vulnerable Alaskan Voters from COVID-19, the Method chosen is Not Logically or Practically aligned with this Goal. The Selective Mailing does Not Protect Alaskans under 65 who Experience a Disability and may be more Susceptible to Complications arising from COVID l9.

The Selective Mailing allows Recipients to Bypass the Step of Requesting a Ballot Online through a Database that Requires a Form of State Identification. Failure to Extend this Benefit to Alaskans with Disabilities may be a Detriment to the Alaskan Voters with Disabilities who reside in Group Homes or Institutions where they do Not have Regular Internet Access, or they might not have a Form of State Identification that would allow them to Request a Ballot Application Online. Residents of Group Homes and Institutions are at particular Risk of Contracting COVID-19.

Plaintiffs Request that this Court:

- Declare that the Discriminatory Mailing Violates the Twenty-Sixth Amendment to the U.S. Constitution, the First and Fourteenth Amendments to the U.S. Constitution; Section 1, Article V of the Alaska Constitution; Section 3, Article 1 of the Alaska Constitution; Section 19, Article II of the Alaska Constitution; and Title II of the Americans with Disabilities Act.

- Require Defendants, All of their Agents, Officers, Employees, Successors, and All Persons acting in Concert with them, or any other Official to send an Absentee Ballot Application to All Qualified Alaska Voters regardless of Age in both the Primary and General Elections in 2020.

- Prohibit Defendants, All of their Agents, Officers, Employees, Successors, All Persons acting in Concert with them, or any other Official from using Age, Geography, or Race as a Consideration in Distributing further Materials regarding Absentee Voting, or otherwise from Discriminating on the Basis of Age in the Administration of any Election in 2020.

- Find that Plaintiffs are Public Interest Litigants seeking the Enforcement of Constitutional Rights in this Proceeding.

- Award Plaintiffs their Full Costs and Attorneys' Fees as Required by AS 9.60.0l0(c), 2020.

- Grant Any and All Additional Relief to which Plaintiffs are Entitled.










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