Press Release

Judge rules in favor of civil rights groups, that provision of Senate Bill 1 that criminalizes compensated mail-ballot assistance violates the Voting Rights Act

SAN ANTONIO, TEXAS — 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). View the ruling here.

The lawsuit, filed in 2021 by the Texas Civil Rights Project, American Civil Liberties Union, the ACLU of Texas, Asian American Legal Defense and Education Fund, Disability Rights Texas, and the law firm Jenner & Block LLP, challenged numerous provisions of the bill, including that its criminalization of compensated mail-ballot assistance to people with disabilities and limited English proficiency violated Section 208 of the Voting Rights Act, which guarantees qualified voters the right to vote with an assistor 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.

This ruling follows a decision two weeks ago that impacted S.B. 1’s provisions on canvassing.

"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), OCA-Greater Houston’s civic engagement programs director. “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 assistors 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"

“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.”

“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.”

“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.”

“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.”

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The Texas Civil Rights Project is boldly serving the movement for equality and justice in and out of the courts. We use our tools of litigation and legal advocacy to protect and advance the civil rights of everyone in Texas, and we partner with communities across the state to serve the rising movement for social justice. We undertake our work with a vision of a Texas in which all communities can thrive with dignity, justice and without fear.

For more than 100 years, the ACLU has worked in courts, legislatures, and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all.

The Asian American Legal Defense and Education Fund (AALDEF), a New York-based national organization founded in 1974, protects and promotes the civil rights of Asian Americans. By combining litigation, advocacy, education, and organizing, AALDEF works with Asian American communities across the country to secure human rights for all. AALDEF focuses on critical issues affecting Asian Americans, including immigrant rights, voting rights and democracy, economic justice for workers, educational equity, housing and environmental justice, and the elimination of anti-Asian violence.

Disability Rights Texas is the federally designated legal protection and advocacy agency (P&A) for people with disabilities in Texas established in 1977. Its mission is to help people with disabilities understand and exercise their rights under the law, ensuring their full and equal participation in society.

Jenner & Block LLP is a law firm with global reach, with offices in Century City, Chicago, London, Los Angeles, New York, San Francisco, and Washington, DC. For decades, Jenner & Block lawyers have been involved in landmark election law cases, defending access to the ballot. We have represented voters, voting rights organizations, and elected officials in fighting to protect the right to vote.

The American Civil Liberties Union (ACLU) of Texas works with communities, at the State Capitol, and in the courts to protect and advance civil rights and civil liberties for every Texan, no exceptions. With offices across the state, the organization focuses on six core issue areas: Border and Immigrants’ Rights, Free Speech and Pluralism, LGBTQIA+ Equality, Reproductive Freedom, Smart Justice, and Voting Rights and Democracy. Established in 1938, the ACLU of Texas is an independent affiliate of the national ACLU.

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For additional information, contact:

AALDEF, media@aaldef.org
ACLU of Texas, media@aclutx.org
ACLU National, media@aclu.org
Texas Civil Rights Project, media@texascivilrightsproject.org
Jenner & Block, crios@jenner.com
League of Women Voters of Texas, media@lwv.org