1. Under O’Brien v Skinner, 414 US 524 (1974), the 14th Amendment’s Equal Protection Clause invalidates state rules that make arbitrary distinctions between voters who can get their absentee ballots counted and those who can’t (cont’d):
2. This means a state that doesn’t adopt a postmark rule violates the 14th Amendment rights of voters who aren’t assured they’ll receive their absentee ballots in time to have them counted by November 3 (cont’d):
3. Voters in those 34 states should ask the @ACLU to help them get injunctions to prevent that predictable violation of their rights, putting pressure on such states to adopt a postmark rule or otherwise cure the violation.