Is mail in voting a constitutional right

The Constitution does not explicitly mention mail-in voting as a right. However, the Constitution does guarantee certain voting rights and protections that can be interpreted to include mail-in voting in certain circumstances.

The 15th Amendment to the Constitution, ratified in 1870, states that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." This amendment has been interpreted to prohibit racial discrimination in voting and to ensure that all citizens have an equal opportunity to exercise their right to vote.

The 24th Amendment to the Constitution, ratified in 1964, states that "the right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or by any State by reason of failure to pay any poll tax or other tax." This amendment has been interpreted to prohibit poll taxes and other forms of taxation that could be used to deny citizens the right to vote.

The Voting Rights Act of 1965, which was enacted to enforce the 15th Amendment, prohibits states from imposing voting requirements that discriminate against certain groups of citizens. The Act has been interpreted to include mail-in voting as a means of ensuring that all citizens have an equal opportunity to exercise their right to vote.

In addition, the Constitution's Due Process Clause, which is found in the 14th Amendment, guarantees that all citizens have a right to due process and equal protection under the law. This clause has been interpreted to include the right to vote and to have that vote counted.

In recent years, several courts have ruled that mail-in voting is a constitutional right. For example, in 2018, the U.S. District Court for the District of Columbia ruled that the District's absentee voting law, which allowed voters to request absentee ballots by mail, was constitutional. The court held that the law did not violate the Due Process Clause or the Equal Protection Clause of the 14th Amendment.

In 2020, the U.S. Court of Appeals for the Seventh Circuit ruled that a Wisconsin law that required voters to provide proof of residency and identification in order to vote absentee was unconstitutional. The court held that the law violated the Due Process Clause and the Equal Protection Clause of the 14th Amendment.

In summary, while the Constitution does not explicitly mention mail-in voting as a right, it does guarantee certain voting rights and protections that can be interpreted to include mail-in voting in certain circumstances. The Constitution's Due Process Clause and the Voting Rights Act of 1965 have been interpreted to include the right to vote and to have that vote counted, including through mail-in voting.