In the case of O'Brien et al. v. Skinner, Sheriff, et al., 1973, the U.S Supreme Court ruled that denying absentee ballots to prisoners awaiting trial or serving a misdemeanor sentence was unconstitutional as it violated their right to vote under the Equal Protection Clause of the Fourteenth Amendment. The court held that states must provide some form of voting mechanism for these individuals unless they can demonstrate an overriding state interest in not doing so. This ruling came after three inmates from Albany County Jail in New York filed a lawsuit against local officials for refusing them absentee ballots on grounds that they were not "qualified voters" because their imprisonment prevented them from being residents in any election district within New York State.

In the dissenting opinion for O'Brien et al. v. Skinner, Sheriff, et al., Justice William O. Douglas argued that the majority's decision failed to adequately protect the constitutional rights of inmates who were unable to vote due to their incarceration status. He contended that denying prisoners access to absentee ballots was a violation of their Fourteenth Amendment rights and amounted to discrimination based on wealth and social status - as those with resources could afford bail and thus retain their voting rights while awaiting trial whereas poorer individuals could not do so. Furthermore, he asserted that this denial also violated the Equal Protection Clause by creating an arbitrary distinction between jailed misdemeanants (who are allowed absentee ballots) and felons (who are denied them). In his view, all citizens should have equal access to voting regardless of criminal charges or convictions.