The federal district court in San Antonio has issued another ruling to protect Texas voters, striking down laws that prevent voters with disabilities, with low literacy, and with limited-English-proficiency from receiving help from assisters they choose and trust. The ruling protects millions of Texas voters and protects the organizations and individuals who provide vital assistance to their fellow voters. 

The enjoined laws are provisions of SB 1. Passed in 2021 by the Texas Legislature, SB 1 contains several provisions that suppress votes from Texans of color and other marginalized communities throughout the state.  SB1 also targets people and organizations who assist voters, creating significant barriers for voters with disabilities and voters who need reading or language support. The court’s ruling strikes vague, intimidating language in the voter assister oath that has deterred people from providing voters with the assistance they need in order to exercise their right to vote. It also prohibits Texas from demanding that assisters provide personal information to the state and specifically blocks Texas officials from investigating or prosecuting assisters who allegedly violated these provisions of SB 1.  

Voters who require assistance to vote are protected by Section 208 of the Voting Rights Act. That critical federal law specifically ensures that any voter who needs assistance because of a disability or language limitations may be given assistance by a person of the voter’s choice. This broad protection of the voter’s choice is subject to only a narrow restriction, in that the voter cannot be assisted by their employer, the employer’s agent, or the voter’s union. 

Voters who require assistance should be able to choose an assister they trust. This might mean a family member, a neighbor, someone from their community, or someone from a trusted community organization. SB 1 attempted to sever these crucial relationships by making voters afraid of seeking assistance, and making assisters afraid to provide it. We applaud this ruling, which makes it clear that Section 208 preempts SB 1, and prevents Texas from passing laws that undermine the protections that Section 208 has put into place to protect voters. 

Free Speech For People represents Mi Familia Vota and several individual voters in challenging these voter assistance-related provisions of SB 1 as well as a number of the law’s other unlawful, unconstitutional provisions. 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 most recent ruling is a welcome one, which will free up Mi Familia Vota’s employees and volunteers to provide valuable assistance to voters, and ensure that voters within the Mi Familia Vota community who require language or physical assistance can receive assistance from people they trust. 

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.