Background

A federal court in San Antonio made a significant ruling declaring that Texas’ identification requirements for mail ballot applications are unconstitutional. The decision was announced by U.S. District Judge Xavier Rodriguez, who stated that the state’s provisions within the 2021 voter security law, known as SB1, discriminate against voters with disabilities.

Impact on Voters

The mail-in voting population primarily consists of the elderly and individuals with disabilities. Following the implementation of SB1, numerous reports emerged of ballots being rejected due to failure to provide a matching identification number. Many voters were unable to ascertain the correct ID number required, complicating their ability to participate effectively in elections.

Victor Genecin, an attorney from the NAACP’s Legal Defense Fund, highlighted that some Texans possess multiple Department of Public Safety ID numbers, leading to confusion regarding which number to use. Additionally, he noted that the Texas Secretary of State admitted during the trial that over 650,000 voter registration records were inaccurate.

Expert testimony indicated that as many as 2 million voters could not cast their votes due to the stringent ID restrictions imposed by the law.

Court Ruling Details

While the court ruling ordered the Texas Secretary of State to eliminate ID requirements from mail-in ballot applications, it will remain in effect for the upcoming municipal elections scheduled for May 3. Additionally, Judge Rodriguez dismissed provisions requiring individuals who assist voters to take an oath under penalty of perjury.

Genecin expressed that requiring assistance respondents to question the voters’ need for help is inherently offensive, as it places an undue burden on those who are disabled seeking assistance.

Responses to the Ruling

The ruling has been met with acclaim from opponents of SB1, who view it as a victory for disability rights in voting. Elsie Cooke-Holmes, President of Delta Sigma Theta Sorority, Inc., a co-plaintiff in the case, described the ruling as a step toward ensuring that over 3 million voters with disabilities in Texas have the opportunity to vote without facing needless obstacles.

In a related context, Judge Rodriguez had previously ruled that Texas could not treat voter assistance as a criminal act, although the state has appealed that decision. Cooke-Holmes emphasized the ongoing fight against voter suppression, affirming their commitment to advocating for policies that enhance voter accessibility.

Legislative Context

SB1 was enacted following unsubstantiated claims of voter fraud during the 2020 election. The law introduced several restrictions, including limiting early voting hours, eliminating drive-thru voting, and imposing new limitations on mail ballot application distributions and drop-off locations. Additionally, it increased the authority of partisan poll watchers.