[EL] The Age Discrimination Act of 1975, federal financial assistance for elections administration, and state law restrictions on voting ineligibility based on age

[Smith, Bradley]

Robin,

I gather you are wondering if laws setting a minimum age for voting violate the Age Discrimination Act. The ADA has been interpreted as prohibiting discrimination against those older than age 50, but not against those who are younger. The ADA does not prohibit an employer, for example, from saying “we don’t hire people under age 30.” See e.g. General Dynamics Land Systems, Inc v. Cline, 540 U.S. 581 (2004).

Brad Smith

From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf Of Robin Chen
Sent: Wednesday, August 25, 2021 11:59 AM
To: law-election at department-lists.uci.edu
Subject: [EL] The Age Discrimination Act of 1975, federal financial assistance for elections administration, and state law restrictions on voting ineligibility based on age


** [ This email originated outside of Capital University ] **


Dear Election Law Listserv,

"The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance."

But, isn't election administration a program/activity receiving federal financial assistance?  https://www.eac.gov/payments-and-grants/election-security-funds<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.eac.gov%2fpayments-and-grants%2felection-security-funds&c=E,1,CIMq3vY6rsPT8XM8f1ElkAHck8pNv1zVJDe_wbU_WGpdKtCu1CNqbSBonsdjw0-WXkZVxggEpN9gurHqsQCMxWxdcET409WoGUQsDHtkzy-d&typo=1>
Every state is listed here, and then some. https://www.eac.gov/sites/default/files/paymentgrants/Funding_Chart_ElectionSecurity.pdf<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.eac.gov%2fsites%2fdefault%2ffiles%2fpaymentgrants%2fFunding_Chart_ElectionSecurity.pdf&c=E,1,-4UKKauBGANj4Phx1c05rePBQoBO8DcEotM0VUjtQ8r8LLgZqYafi5KvJ7M9ob6eaOlh-4hCr7HuqHIQCco6fLFQ-lAPpz8MYk96duX2oLyQXUGBA00,&typo=1>

Every state _does_ discriminate based on age in the laws about qualifications of voters.

Sorry to ask a naive question, but isn't this problematic?

I'd appreciate hearing your thoughts on this.

Kindly,
Robin
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