Age Discrimination in Voting - Cascino v. Nelson Explained
Elif Painaik, Co-Editor in Chief
Overview
In Cascino v. Nelson, the Supreme Court was asked to consider whether a Texas law that only allows voters over age 65 to vote by mail violates the 26th Amendment’s prohibition of age-based discrimination in voting.¹ The case was filed during the COVID-19 pandemic by 20-year-old UT Austin student Joseph Cascino, who argued that voting by mail should be accessible to people of all ages. Currently, voting by mail is legal in Texas for those under 65 only if they are sick or disabled, expecting a baby within 3 weeks of Election Day, currently imprisoned, or have a demonstrable reason to be out of the state during all days of early voting and Election Day.² Because of this, many voters had to vote in person during the pandemic, putting their personal health at risk. Meanwhile, citizens over 65 could vote by mail without restriction. Cascino was successful at the District Court level, but struck down at the Fifth Circuit Court of Appeals. The Supreme Court declined to resolve it.
Significance
Cascino v. Nelson was a critical case for age-based voting rights, testing a provision of the 26th Amendment that has never been tested before nor since. However, the COVID-19 pandemic serves as an example of a situation where voting by mail is necessary for those who do not currently qualify. The plaintiff noted in an interview that the 26th Amendment states that the right to vote for voters 18+ “‘shall not be denied or abridged by the United States or by any State on account of age.’" Therefore, a law restricting the ability of voters to vote by mail should not be determined by age. Many advocates liken it to denying mail-in voting on the basis of someone’s race. This case tests how extensive the 26th Amendment's protection against discrimination is–is the right to vote itself enough, or do the methods and rules of voting need to be the same for everyone? If the latter is the case, that may open more questions about voting rights, such as for convicted felons. This case could also set significant precedent for other age-related questions outside of voting rights, and potentially test existing legislation against age-based discrimination.
Policy Solutions
The Fifth Circuit should have ruled in favor of Cascino. Limiting the age at which people can access methods of voting violates the 26th Amendment by limiting the rights of those under 65 to vote by mail without a “valid” reason. As Cascino noted, the Texas legislature and other state legislatures must amend Elections Code to allow any eligible voter to apply for and receive a mail ballot. Such a change would ensure that voting methods are not unnecessarily restricted based on age. This would better uphold the constitutional guarantee that the right to vote cannot be denied or abridged on account of age. Expanding access to mail voting would therefore represent not only a practical reform, but also an important step toward ensuring that the constitutional right to vote is meaningfully protected for all eligible voters, regardless of age.
¹ Constitutional Accountability Center, Cascino v. Nelson, https://www.theusconstitution.org/litigation/cascino-v-nelson/ (last visited Aug. 10, 2026).
² Tex. Sec'y of State, Voting by Mail: Eligibility Requirements, https://www.votetexas.gov/voting-by-mail/eligibility-requirements.html (last visited Aug. 10, 2026).
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