On September 28, 2024, the federal district court in San Antonio struck down a law that criminalized canvassing by voter education organizations across Texas. Free Speech For People applauds this decision, which comes at a crucial juncture before the 2024 general election. The ruling will protect civic engagement organization employees from criminal sanctions, and will ensure that voters have access to information about their elections and rights from trusted organizations in their communities.

The enjoined law is section 7.04, a provision of a sweeping vote suppression law known as SB 1. Passed in 2021, SB 1 contains a number of provisions that suppresses votes from Texans of color and other marginalized communities throughout the state. In addition to making it difficult for voters to vote, SB 1 also targets people who assist, protect, and educate voters. One such provision is Section 7.04, which criminalizes everyday canvassing efforts by civic organizations that carry out in-person Get Out The Vote and other voter education initiatives. The vague, unconstitutional law could criminalize canvassing by anyone who received a benefit from their organization—whether a paid employee or a volunteer who is giving free t-shirts or food by their organization.

Free Speech For People represents Mi Familia Vota and several individual voters in challenging Section 7.04 and other unlawful, unconstitutional provisions in SB 1. Mi Familia Vota is one of several plaintiff groups whose cases were joined together and who are now collectively suing Texas officials to protect voters from SB 1. The case went to trial in September 2023. While the court has not yet ruled on many of the plaintiffs’ claims, its ruling yesterday is a welcome one, which will free canvassers from Mi Familia Vota and other organizations to carry out their important missions to educate, support, and encourage eligible voters.

Free Speech For People is working with pro bono co-counsel Stoel Rives and Lyons & Lyons in this litigation.

 

You can read the court’s ruling here.

You can read more about the case here.