Trump v. California · ¶22

The States’ reference to certain state laws allowing 17year-olds to vote in primary elections is a red herring. See Opposition to Applications 29–30. Because §2(b) defines eligible voters as otherwise qualified citizens who are “18 years of age or older,” 91 Fed. Reg. 17126, the States insist that they face a real threat of prosecution if they deliver a ballot to a 17-year-old who is eligible to vote in a primary under state law. Not so. Section 7(b) of the Order requires §2(b) to “be implemented consistent with applicable law.” Id., at 17127. And on top of that, §2(b) limits itself to only “appropriate” prosecutions. Id., at 17126. Given these provisions, the Government has unsurprisingly disavowed any intention to prosecute state officials for lawfully providing ballots to 17-year-olds.

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