SAN ANTONIO — A federal district court ruled Friday, in a victory for voting rights, that a key provision of Texas’ anti-voter law Senate Bill 1 violates federal law. Specifically, the court ruled that the provision, which criminalizes compensated mail-ballot assistance, violates Section 208 of the Voting Rights Act (VRA).
The lawsuit challenged numerous provisions of the bill, including the criminalization of compensated mail-ballot assistance for people with disabilities and limited English proficiency. The legal challenge argued that the provisions violated Section 208 of the Voting Rights Act, which guarantees qualified voters the right to vote with an assistant of their choice.
The lawsuit was filed on behalf of the League of Women Voters of Texas, Register, Educate, Vote, & Use your Power - Texas (REV UP Texas), and OCA Greater Houston. It was filed in 2021 by the American Civil Liberties Union of Texas, the ACLU, Texas Civil Rights Project, Asian American Legal Defense and Education Fund, Disability Rights Texas, and the law firm Jenner & Block LLP.
This ruling follows a decision two weeks ago that impacted S.B. 1’s provisions on canvassing.
The following statements are from the plaintiffs:
‘This ruling is a victory for voter service organizations like the League whose mission is to empower all voters, especially those with disabilities, first-time voters, and non-English speakers, to fully participate in our democracy,” said Joyce LeBombard (she/her), president of the League of Women Voters of Texas. “Voter engagement is a key part of our work to ensure all Texans can have their voices heard at the ballot box.”
“For the last three years, S.B. 1 has prevented us from providing our members and the community with language voting assistance, making it near-impossible to ensure that AAPI voices are equally represented at the ballot box,” said Deborah Chen (she/her), civic engagement programs director of OCA-Greater Houston. “We look forward to resuming our historical practices and ensuring that the AAPI community is able to fully participate in our democracy.”
“REVUP is extremely pleased with the court’s ruling holding that S.B. 1’s restrictive assistance provisions violate the Voting Rights Act,” said Bob Kafka (he/him), state coordinator for REV UP Texas. “The ruling protects the rights of Texas voters with disabilities to get the assistance they need without fear of prosecution. Due to S.B. 1, voters with disabilities faced the impossible choice of either exposing themselves and their assistants to state-jail felony charges or forgoing the assistance they need to exercise the most fundamental of rights, the right to vote. This is a big win for democracy and for the disability community.”
“This ruling confirms why it was critical to stop the law that harmed voters who need our assistance the most,” said Celina Stewart, CEO of the League of Women Voters of the United States. “Laws like SB1 are egregious and threaten our voter engagement work to ensure that all Americans have equal and fair access to the ballot. The League remains committed to fighting anti-voter laws that place unnecessary barriers on voters that limit their ability to participate in our democracy"
The following statements are from the litigation team:
“Since its passage, S.B. 1 has instilled fear in voters requiring assistance and those who graciously offer help, imposing harsh criminal penalties due to restrictive limitations on who can provide that assistance,” said Ashley Harris (she/her), staff attorney, ACLU of Texas. “We are grateful that the district court acknowledged these limitations as violations of the Voting Rights Act, affirming that S.B. 1 should never restrict voters’ rights to receive assistance to engage in their most fundamental right.”
“The law is clear: voters who need assistance can choose who they get it from,” said Dayton Campbell-Harris (he/him), staff attorney, ACLU Voting Rights Project. “Voters - not the state - make that choice. The court’s ruling confirms that Texas can’t stop voters from exercising their right to choose a grandchild, caregiver, roommate, or other trusted individual to help them vote.”
“Mail-in ballots and getting help from a family member or someone else you trust are critical for older voters, disabled voters, and voters with limited English ability, which includes many Asian American immigrants,” said Patrick Stegemoeller (he/him), staff attorney for voting rights at the Asian American Legal Defense and Education Fund (AALDEF). “S.B. 1 has already created a devastating anti-voter chill among community organizations like OCA Greater Houston threatened with punishment for simply helping people, but we hope this win helps thaw that fear and empowers Asian Americans and other marginalized communities to vote — whether by mail or at the polls.”
“This is a victory for democracy in Texas – proof that the fight for voting rights is far from over, but we’re making progress,” said Rochelle Garza (she/her), president of the Texas Civil Rights Project. “Voting should be accessible for every eligible Texan, and today, we’re a step closer.”
“S.B. 1’s criminalization of compensated mail-ballot assistance clearly violates the Voting Rights Act’s guarantee that qualifying voters are entitled to voter assistance from the person of their choice,” said Zach Dolling (he/him), senior supervising attorney, Voting Rights Program at the Texas Civil Rights Project. “This victory preserves that important right, which is necessary to ensure that voters with disabilities or with limited English proficiency have equal access to the ballot box.”
Access the court order here: https://link.txcivilrights.org/SB1-10-2024
