Federal judge strikes down Texas' mail ballot ID requirement

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A federal judge in San Antonio has ruled that the state of Texas' ID requirements for mail ballot applications are unconstitutional.

U.S. District Judge Xavier Rodriguez on Thursday found that the provisions in the state's 2021 voter security law SB1 discriminate against voters with disabilities.

Mail-in voters are principally people over the age of 65 and people with disabilities. Since the law was enacted, many voters reported having their ballots rejected because they didn’t provide an ID number, or the number they provided did not match the one the state had on file.

"The problem with that is that many Texans have more than one department of public safety ID number," said Victor Genecin, an attorney with the NAACP's Legal Defense Fund. "So the first hurdle for a voter who's applying for an absentee ballot is they may not know which number is in the election system. And even if they do know which number is in the election system and they put it in correctly, the election system may not have the number right."

Genecin cited testimony at trial, where the Texas Secretary of State conceded that more than 650,000 registration records in their system were incorrect.

He added that expert testimony at the trial estimated that more than 2 million people were unable to vote due to the ID restrictions.

The ruling ordered the Texas secretary of state to remove the requirements from mail-in ballot applications. However, the ruling came just weeks before Texas' municipal elections, so they will remain in effect through May 3.

Judge Rodriguez also struck down provisions of SB1 that require those who assist voters to swear an oath under penalty of perjury.

"Normally when somebody says to you, 'would you help me?' you either step up to help them or you don't. But you don't say, you know, 'what's wrong with you? Why do you need help?' You just help," Genecin said. "And so the idea that that people who are disabled must explain why they're unable to vote without assistance is offensive in itself."

Genecin added that part of the oath is that the assister must swear to be understanding that if the voter turns out not to be eligible for assistance, then the vote could be invalidated.

"So it puts the assister in the position of having to evaluate whether the voter is eligible for assistance, and the word 'eligible' is not defined anywhere in the statute,' he said.

The state of Texas was expected to appeal.

Opponents of SB1 applauded the decision and called it a victory for voters with disabilities.

"It truly is such a victory for voting accessibility, and it affirms that our electoral system must protect and prioritize the right of every voter to be able to participate fully," said Elsie Cooke-Holmes, International President and Board Chair of Delta Sigma Theta Sorority, Inc., a co-plaintiff in the case. "It really does provide an opportunity for the 3 million plus voters with disabilities in Texas to be able to exercise their rights to vote without undue hardship. It ensures that their voices will be able to be heard, and that their votes will actually count."

Judge Xavier Rodriguez ruled last fall that the state of Texas could no longer investigate voter assistance efforts as a criminal act. The state of Texas has appealed that ruling.

Cooke-Holmes said her organization sees momentum in the challenge to SB1.

"We know the fight is not over. We are going to continue to advocate for policies that eliminate all forms of voter suppression," she said.

SB1, which was passed in the wake of President Donald Trump's claims of voter fraud without evidence following the 2020 election, also limited early voting hours, banned 24-hour voting, eliminated drive-thru voting centers, limited multiple drop-off locations for mail ballots, limited the distribution of mail-in ballot applications and expanded the authority of partisan poll watchers.

Disclosure: Texas Secretary of State has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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