Case: Mi Familia Vota v. Abbott

5:21-cv-00920 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 27, 2021

Closed Date: Sept. 30, 2021

Clearinghouse coding complete

Case Summary

This is a voter suppression case challenging 2021 Texas Senate Bill No. 1, 87th Legislature (“SB 1”) on the basis that the bill unconstitutionally placed undue burdens on voters, with the greatest burdens on Black and Latino voters.   On September 27, 2021, three registered Texas voters who intended to vote in the next election and Mi Familia Vota (a national, non-profit civic organization) filed this lawsuit in the U.S. District Court for the Western District of Texas.  Plaintiffs sued Texas G…

This is a voter suppression case challenging 2021 Texas Senate Bill No. 1, 87th Legislature (“SB 1”) on the basis that the bill unconstitutionally placed undue burdens on voters, with the greatest burdens on Black and Latino voters.  

On September 27, 2021, three registered Texas voters who intended to vote in the next election and Mi Familia Vota (a national, non-profit civic organization) filed this lawsuit in the U.S. District Court for the Western District of Texas.  Plaintiffs sued Texas Governor Greg Abbott, Texas Deputy Secretary of State Jose Esparza, and Texas Attorney General Warren “Ken” Paxton, each in their official capacities, under 42 U.S.C. §§ 1983 and 1988 for violations of their rights under the First, Fourteenth, and Fifteenth Amendments of the U.S. Constitution, and Sections 2 and 208 of the Voting Rights Act of 1965 (52 U.S.C. §§ 10301 and 10508).  Represented by private counsel and Free Speech for People (a non-profit non-partisan organization), plaintiffs sought declaratory relief; a preliminary and permanent injunction; costs, expenses, and reasonable attorney’s fees; the retention of jurisdiction to ensure compliance; and such other and further relief as the court deemed just and proper.  They claimed that SB1 placed undue burdens on voters, citing provisions relating to voter purges based on citizenship, prohibitions on voting options, limited access to and disqualification of mail-in ballots, increased authority for poll watchers, requirements to those providing voter assistance, limiting employers’ need to grant time off to vote, and not allowing officials to make exceptions to election standards for natural disasters and other emergencies.  The case was assigned to District Judge Xavier Rodriguez.

On September 30, 2021, before defendants filed any response, the court issued an order consolidating this lawsuit with two other lawsuits involving common questions of law and fact.  The order required that all future filings be filed in La Unión del Pueblo Entero v. Abbott, No. 5:21-cv-844 (W.D. Tex).  In a separate order on that same date, the court directed the clerk to administratively close this case.

Summary Authors

Kelly Tsai (2/2/2024)

Related Cases

OCA-Greater Houston v. Esparza, Western District of Texas (2021)

La Union Del Pueblo Entero v. Abbott, Western District of Texas (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60492291/parties/mi-familia-vota-v-abbott/


Judge(s)

Rodriguez, Xavier (Texas)

Attorney for Plaintiff

Lyons, Clarence V. (Texas)

Lyons, Sean Michael (Texas)

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Documents in the Clearinghouse

Document
1

5:21-cv-00920

Plaintiffs' Complaint

Sept. 27, 2021

Sept. 27, 2021

Complaint
6

5:21-cv-00920

Order

Sept. 30, 2021

Sept. 30, 2021

Order/Opinion
7

5:21-cv-00920

Order

Sept. 30, 2021

Sept. 30, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60492291/mi-familia-vota-v-abbott/

Last updated Aug. 9, 2025, 10 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 402 receipt number 0542-15269022), filed by Paul Rutledge, Mi Familia Vota, Marlon Lopez, Marla Lopez. (Attachments: # 1 Civil Cover Sheet)(Lyons, Sean) (Entered: 09/27/2021)

1 Civil Cover Sheet

View on RECAP

Sept. 27, 2021

Sept. 27, 2021

Clearinghouse
2

REQUEST FOR ISSUANCE OF SUMMONS by Marla Lopez, Marlon Lopez, Mi Familia Vota, Paul Rutledge. on Greg Abbott, Governor of Texas, Jose Esparza, Texas Deputy Secretary of State, Warren "Ken" Paxton, Attorney General of Texas (Lyons, Sean) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

RECAP

Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bc)

Sept. 27, 2021

Sept. 27, 2021

PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (bc)

Sept. 27, 2021

Sept. 27, 2021

PACER
3

Summons Issued as to Greg Abbott, Jose Esparza, and Warren Kenneth Paxton, Jr. (bc) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

RECAP
4

Pro Hac Vice Letter-Wendy J. Olson, Laura E. Rosenbaum, Marc Rasich, and Elijah Watkins. (bc) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

RECAP
5

Pro Hac Vice Letter-Courtney Hostetler, John Bonifaz, Ben Clements, and Ron Fein. (bc) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

RECAP

Case Assigned/Reassigned

Sept. 28, 2021

Sept. 28, 2021

PACER

To be Referred to SA Mag Judge

Sept. 28, 2021

Sept. 28, 2021

PACER
6

ORDER CONSOLIDATING CASE-- 5:21-CV-0920-XR into 5:21-CV-0844-XR. It is ORDERED that all future filings be filed in La Unin del Pueblo Entero v. Abbott, No. 5:21-cv-844 (W.D. Tex.) Unless otherwise ordered, all served Defendants shall file an answer on or before October 25, 2021. ( Proposed Scheduling Order due by 11/9/2021. Pretrial Conference set for 11/16/2021 1:30 PM before Judge Xavier Rodriguez). Signed by Judge Xavier Rodriguez. (bc) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

RECAP
7

ORDER --Accordingly, the Clerks office is DIRECTED to administratively close this case pending further order of the Court.. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Disability Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 27, 2021

Closing Date: Sept. 30, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three registered Texas voters who intended to vote in the next election and Mi Familia Vota (a national, non-profit civic organization)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas Governor Greg Abbott, Texas Deputy Secretary of State Jose Esparza, and Texas Attorney General Warren “Ken” Paxton, each in their official capacities, State

Case Details

Causes of Action:

Voting Rights Act, section 208 (assistance for disabled persons), 52 U.S.C. § 10508 (previously 42 U.S.C. § 1973aa-6)

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Due Process: Substantive Due Process

Freedom of speech/association

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

Voting:

Voting: General & Misc.

Voting: Physical/Effective Access