SAN ANTONIO – A federal judge on Friday struck down certain provisions of Texas’ SB1 election law as violations of the federal Voting Rights Act. The ruling blocks officials from preventing voters from receiving assistance to vote that is guaranteed by federal law.
In the ruling, United States District Court Judge Xavier Rodriguez concluded that several provisions in SB1 interfere with a voter’s right to vote with assistance from the person of their choice. For example, SB1 prohibits a voter from receiving assistance from employees of community-based organizations that help individuals to register and vote. Judge Rodriguez also blocked provisions in SB1 that threatened voter assisters with criminal penalties unless they complied with additional and confusing requirements, including a requirement to force a voter to state their need for help before providing assistance.
Rodriguez based his decision on Section 208 of the VRA, which grants voters who are disabled or who cannot read the ballot (including voters with limited English proficiency) the right to assistance from a person of their choice, as long as that person is not their employer or union representative.
The decision includes a permanent injunction on the enforcement and investigation of potential violations of the provisions. However, the injunction on the implementation of the oath assistance language is stayed until after the November election.
Judge Rodriguez previously concluded that the voter canvassing restrictions of SB1’s Section 7.04 violate the First and Fourteenth Amendments to the U.S. Constitution. That decision, issued in September, has been appealed to the U.S. Court of Appeals for the Fifth Circuit by Texas and is currently stayed.
MALDEF and the law firm of Fried Frank, in cooperation with the Brennan Center for Justice and the law firm of Weil, Gotshal & Manges LLP, filed the challenge to SB1 in September 2021 on behalf La Union Del Pueblo Entero (LUPE) and other community-based organizations and individuals and alleged that SB1 is unconstitutional and violates the federal Voting Rights Act.
Please attribute the following statement to MALDEF President and General Counsel, Thomas A. Saenz:
“Voter assistance, which strengthens democracy by facilitating participation by all eligible voters, should be encouraged and celebrated. SB1 instead sought to implement a Darwinian voting scheme where only those able to overcome a number of irrational barriers get to vote, all in the vain hope of escaping the accountability to come when the new voting majority in Texas takes power.”
Please attribute the following statement to MALDEF Southwest Regional Counsel, Fátima Lucía Menéndez:
“Voters who need help navigating the polling place and reading the ballot have a federal right to choose their assisters. The court's order ensures that voters will receive the assistance they need, from people they trust, without interference from SB1.”
Read the order HERE.
Read a timeline of SB1 HERE.