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A divided panel of the Fifth U.S. Circuit Court of Appeals ruled the state’s law limiting automatic eligibility to cast an absentee ballot to voters aged 65 and older does not violate the Constitution.

“A law that makes it easier for others to vote does not abridge any person’s right to vote for purposes of the 26th Amendment,” wrote Judge Leslie Southwick for the majority. In a dissent, Judge Carl Stevens said younger voters’ rights were indeed abridged by being given fewer options to cast their ballot.

The ruling voided U.S. District Judge Fred Biery’s injunction – itself stayed during the appeal – that would have given every Texas voter the right to cast an absentee ballot during the pandemic.

The case will be sent back to Biery’s courtroom to address other issues.

SD30 special: Early voting begins Monday for the September 29 special election to fill the unexpired term of Sen. Pat Fallon (R-Prosper).

CD10 (Toss Up): The campaign of U.S. Rep. Michael McCaul (R-Austin) released a new minute-long ad, “Sadie,” highlighting his work on securing funding for child cancer research.

CD21 (Toss Up): The campaign of U.S. Rep. Chip Roy (R-Austin) released a new ad, “The Game,” in which he describes disagreeing with his party at times and working with Democrats at others.

Club for Growth Action released a new ad, “Conflicts,” criticizing former Sen. Wendy Davis (D-Fort Worth), who it describes as “just another self-serving politician.”

CD23 open (Lean Democratic): The campaign of Republican challenger Tony Gonzales released a new ad, “Tony’s Story,” a biographical piece.

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