A federal appeals court has upheld requiring Georgia voters to pay postage when mailing absentee ballots, saying claims that the cost amounts to a poll tax “border on the frivolous.”
The ruling by a three-judge panel of the 11th U.S. Circuit Court of Appeals on Friday affirmed a lower court’s decision dismissing the case.
“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,” Circuit Judge Elizabeth Branch wrote in a 15-page decision.
The lawsuit by the Black Voters Matter Fund and the American Civil Liberties Union had alleged that charging voters for stamps violated the 24th Amendment of the U.S. Constitution, which prohibits limits on voting rights based on failure to pay a tax. The plaintiffs wanted the government to provide prepaid postage for absentee ballots.
The 11th Circuit said the plaintiffs’ theory “simply does not hold water.”
“Georgia voters, without paying any kind of 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 ruling states.
The 58-cent cost of a first-class stamp isn’t a tax, according to the court. Instead, the cost is the price of a service for mail delivery from the U.S. Postal Service.
The court added a footnote at the end of its decision saying that while the plaintiffs’ allegations approach being considered frivolous, the judges aren’t imposing sanctions at this time.
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