SAN ANTONIO – A federal judge ruled that a portion of a controversial Texas election law that limits the ability of organizations to talk to mail-in ballot voters is unconstitutional. The judge immediately blocked the provisions of SB1 that impose criminal penalties on people advocating for measures or candidates to voters in the presence of mail-in ballots. He did not rule on the other challenged portions of the law known as SB1.
In the ruling, United States District Court Judge Xavier Rodriguez concluded that the voter canvassing restrictions of SB1’s Section 7.04 violate the First and Fourteenth Amendments to the U.S. Constitution. Under that section organizers employed by voter outreach organizations, and even volunteers who received meals or reimbursement for gas, faced third-degree felony charges for talking to voters in the presence of a mail ballot and encouraging voters to support ballot measures and candidates.
MALDEF and the Brennan Center for Justice filed the challenge to SB1 in September 2021 on behalf La Union Del Pueblo Entero (LUPE) and others and alleged that SB1 is unconstitutional and violates the federal voting rights law.
Please attribute the following statement to MALDEF President and General Counsel, Thomas A. Saenz:
“Texas leaders' ongoing effort to prevent and deter informed participation by eligible voters in particular communities must end. It is a wholly anti-democratic misuse of government power. May this wise decision to preserve protections from our Constitution be a harbinger of further protective action for voters, and may all Texas voters see the decision as a recognition of their inviolable, ironclad right to cast a ballot in this November's election.”
Please attribute the following statement to MALDEF V.P. of Litigation, Nina Perales:
“Today’s decision lifts the threat of felony prosecution from grassroots organizations that are engaged in constitutional, legitimate get-out-the-vote activities that are vital to democracy. Organizations like LUPE can once again talk to voters at community meetings and through neighborhood canvassing without worrying that their staff will be prosecuted.”
Read the order HERE.
Read a timeline of SB1 HERE.