A federal appeals court declined a request to rule that the cost of postage required for absentee ballots in Georgia constitutes a poll tax in violation of the Constitution.
A three-judge panel of the U.S. Court of Appeals for the 11th Circuit on Friday upheld a district court ruling that dismissed the claims, brought by advocacy group Black Voters Matter and two registered voters, that Georgia’s not paying for ballot postage contravenes the 14th and 24th amendments.
“We hold that the fact that absentee voters in Georgia who decide to vote by mail must pay their own postage is not a ‘tax’ or unconstitutional fee on voting,” read the court’s opinion, which further deemed the plaintiffs’ claims to “border on the frivolous.”
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The court outlined the various methods available to Georgia voters to cast their ballots as undercutting the plaintiffs’ claims that they are being penalized.
“Georgia voters, without paying any money, have the option to vote in person, bring their absentee ballot to the county election office, or drop their ballot in a county drop box,” the court’s opinion read.
The judges went on to distinguish between the cost of penalties, taxes, and services, saying the mailing of a ballot belongs to the latter category.
“The Plaintiffs’ Twenty-Fourth Amendment argument fails because the cost of a postage stamp in this context is neither a penalty nor a tax but is the cost of a service — voters can pay money to have a postal carrier transport their ballot to the county election office instead of dropping it off themselves,” the ruling said.
The Washington Examiner reached out to Black Voters Matter for comment on the ruling but did not receive a response.
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The lawsuit is part of a broader effort by Democrats and affiliated groups to challenge voting laws in many states. Democratic leaders argue that provisions such as voter ID requirements and recent changes to polling hours are discriminatory.
The House of Representatives passed the John Lewis Voting Rights Advancement Act on Aug. 24, which seeks to strengthen parts of the 1965 Voting Rights Act that were struck down by the Supreme Court’s 2013 Shelby County v. Holder decision.
