Filed Date: Nov. 4, 2021
Closed Date: Feb. 1, 2022
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This is a case about Texas legislation Senate Bill 1 (SB 1), which restricts eligible voters’ ability to cast a ballot and have that ballot counted. The law bans drive-thru voting or casting a ballot from inside a vehicle unless participating in curbside voting due to sickness or a disability. It also prohibits 24-hour and overnight voting at early voting poll sites, restricting their hours of operation from 6am to 10 pm. Further, Texans who vote by mail will have to include a driver's license number or the last four digits of a Social Security number on the envelope containing their ballot, which will have to match the number provided on their vote-by-mail application submitted earlier. The bill also includes new requirements for voter assistant, expanded powers for poll watchers, and creates several new voting related crimes and misdemeanors.
On November 4, 2021, the United States Department of Justice Civil Rights Division (DOJ) filed suit in the U.S. District Court for the Western District of Texas. The DOJ sued the state of Texas and the Texas Secretary of State under section 208 of the Voting Rights Act (VRA), the Civil Rights Act of 1964, and the Civil Rights Act of 1957. The DOJ sought an injunction against the enforcement of SB 1, a declaratory judgment that SB 1 violated the law, and any other appropriate relief. They claimed that Section 6.04 of SB 1 limited the ability of voters with disabilities to receive necessary and effective forms of federally protected assistance from an individual of their choice, in violation of section 208 of the VRA. Further, SB 1 required election officials to reject mail-in ballots if a voter failed to include a: 1) driver’s license number, 2) election identification certificate number, 3) personal identification certificate number, or 4) partial social security number that identified the voter as the same individual on the voter’s application for voter registration, unless the voter certified that they hadn’t been issued such a number. This provision, the DOJ claimed, violated the rights of voters under the Civil Rights Act because it required the rejection of mail-in ballots—thereby denying the right to vote—due to errors or omissions that were not material in determining whether such individuals were qualified to vote. The case was assigned to Judge Xavier Rodriguez.
On November 8, the DOJ moved to consolidate this case under La Unión del Pueblo Entero v. Abbott (W.D. Texas), alongside four matters which had already been consolidated, because each action contained common questions of law or fact. The court agreed, and the cases were consolidated on November 9. On February 1, 2022, the court administratively closed this case pending further orders.
As of February 27, 2023, litigation under La Unión del Pueblo Entero v. Abbott is ongoing.
Summary Authors
Simran Takhar (3/4/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60700084/parties/united-states-v-state-of-texas/
Rodriguez, Xavier (Texas)
Dellheim, Richard Alan (Texas)
Freeman, Daniel Joshua (Texas)
Paikowsky, Dana (Texas)
Stewart, Michael Elliot (Texas)
Rodriguez, Xavier (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/60700084/united-states-v-state-of-texas/
Last updated March 10, 2024, 4:04 a.m.
State / Territory: Texas
Case Type(s):
Key Dates
Filing Date: Nov. 4, 2021
Closing Date: Feb. 1, 2022
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The United States Department of Justice Civil Rights Division
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Civil Rights Act of 1957/1960, 52 U.S.C. § 10101 (previously 42 U.S.C. § 1971)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Disability and Disability Rights:
Voting:
Voting: Physical/Effective Access
Discrimination-basis: