Case: National Federation of the Blind of Texas v. Hudspeth

4:26-cv-00845 | U.S. District Court for the Southern District of Texas

Filed Date: Feb. 3, 2026

Case Ongoing

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Case Summary

This case is a class action challenging Harris County, Texas’s failure to provide electronic ballots to voters with disabilities that make it difficult for them to vote using a paper ballot. On February 3, 2026, a group of individual Texas voters and the the National Federation of the Blind of Texas filed this class action lawsuit against Harris County, Texas and its clerk in the United States District Court for the Southern District of Texas, alleging that the county’s local mail-in voting sy…

This case is a class action challenging Harris County, Texas’s failure to provide electronic ballots to voters with disabilities that make it difficult for them to vote using a paper ballot.

On February 3, 2026, a group of individual Texas voters and the the National Federation of the Blind of Texas filed this class action lawsuit against Harris County, Texas and its clerk in the United States District Court for the Southern District of Texas, alleging that the county’s local mail-in voting system violated the Americans with Disabilities Act and the Rehabilitation Act. The plaintiffs, who experience print disabilities due to blindness or severe manual dexterity impairments, argued that they were unfairly denied the ability to vote privately and independently because ballots were offered exclusively on paper. Although the county successfully provided electronic ballots to military personnel, overseas voters, and astronauts in space, officials have repeatedly rejected requests to implement a similar remote accessible system for local residents with disabilities. Consequently, the plaintiffs sought injunctive and declaratory relief to compel Harris County to adopt accessible electronic vote-by-mail options for future elections.

On March 24, 2026, the defendants filed a motion to dismiss the plaintiffs’ Rehabilitation Act claims, arguing that the plaintiffs failed to state a claim because they only broadly asserted that Harris County received federal funding, rather than showing that the specific election program or the County Clerk directly received federal financial assistance, as required by the Act. The plaintiffs opposed the motion on April 28, 2026.

Along with their motion in opposition to the defendants’ motion to dismiss, the plaintiffs filed a motion for judicial notice on April 28, 2026. They requested that the court take judicial notice of the information published on public facing websites by Harris County Texas which outlined the county’s receipt of federal financial assistance.

On May 12, 2026, the court granted the plaintiffs’ motion for judicial notice, and acknowledged Harris County’s publicly posted statements regarding their federal funding, and found that the plaintiffs’ exhibits “establish that Defendants receive federal funding for election administration.”

Then, on May 14, 2026, the court denied defendants’ motion to dismiss the plaintiffs’ Rehabilitation Act claims. In a short order, the court stated that the motion was premature and could not be properly addressed in a Rule 12(b)(c) motion.

On May 19, 2026, the defendants filed a motion requesting that the court withdraw its decision taking judicial notice of defendants’ statements regarding federal funding. The defendants argued that they were not given the requisite opportunity to respond to the plaintiffs’ request for judicial notice, that the court’s order was inconsistent with its finding that the defendants’ motion to dismiss was premature, and that the court improperly took notice of disputed facts.

The defendants then filed their answer to the plaintiffs’ complaint on June 4, 2026. They clarified that electronic ballot transmission and marking are strictly limited under the Texas Election Code to specific statutory groups, such as military personnel in combat zones and spaceflight voters, and argued that the electronic remote voting modifications requested by the plaintiffs were not "readily available" or legally required as a reasonable accommodation.

On September 14, 2026, the court denied the defendants’ motion for reconsideration of judicial notice. Without giving reasoning, the court simply stated that they would not withdraw their judicial notice, and that their order taking judicial notice of defendants’ receipt of federal funding still stands.

This case is ongoing.

Summary Authors

Sofia Yoder (10/11/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72227463/parties/national-federation-of-the-blind-of-texas-v-hudspeth/

Judge(s)

Hoyt, Kenneth M. (Texas)

Attorney for Plaintiff

Hill, Eve L (Texas)

Kelleher, Lauren J (Texas)

Leib-Neri, Marisa Ann (Texas)

McGreal, Christopher Patrick (Texas)

Attorney for Defendant

Judge(s)

Hoyt, Kenneth M. (Texas)

Attorney for Plaintiff

Hill, Eve L (Texas)

Kelleher, Lauren J (Texas)

Leib-Neri, Marisa Ann (Texas)

McGreal, Christopher Patrick (Texas)

Nisankarao, Sashikala (Texas)

Attorney for Defendant

Swidriski, Edward David (Texas)

Yount, Lori Jane (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 4:26-cv-00845	Complaint for Injunctive and Declaratory Relief	Feb. 3, 2026	Feb. 3, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72227463/national-federation-of-the-blind-of-texas-v-hudspeth/

Last updated Oct. 12, 2026, 1:04 p.m.

Docket for: National Federation of the Blind of Texas v. Hudspeth

ECF Number	Date	Description	Link
1	Feb. 3, 2026	COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-35009215) filed by National Federation of the Blind of Texas, Louis Maher, Ted Galanos, Cedric Bryant, Michael McCulloch. (Attachments: # 1 Civil Cover Sheet) (Nisankarao, Sashikala) (Entered: 02/03/2026) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	Feb. 3, 2026	Request for Issuance of Summons as to Teneshia Hudspeth, filed. (Nisankarao, Sashikala) (Entered: 02/03/2026)	RECAP
3	Feb. 3, 2026	MOTION to Appear Pro Hac Vice for Eve L. Hill (Fee Paid: $100, receipt number ATXSDC-35009445) by Cedric Bryant, Ted Galanos, Louis Maher, Michael McCulloch, National Federation of the Blind of Texas, filed. Motion Docket Date 2/24/2026. (Nisankarao, Sashikala) (Entered: 02/03/2026)	RECAP
4	Feb. 3, 2026	MOTION to Appear Pro Hac Vice for Marisa Leib-Neri (Fee Paid: $100, receipt number ATXSDC-35009532) by Cedric Bryant, Ted Galanos, Louis Maher, Michael McCulloch, National Federation of the Blind of Texas, filed. Motion Docket Date 2/24/2026. (Nisankarao, Sashikala) (Entered: 02/03/2026)	RECAP
5	Feb. 3, 2026	MOTION to Appear Pro Hac Vice for Lauren J. Kelleher (Fee Paid: $100, receipt number ATXSDC-35009630) by Cedric Bryant, Ted Galanos, Louis Maher, Michael McCulloch, National Federation of the Blind of Texas, filed. Motion Docket Date 2/24/2026. (Nisankarao, Sashikala) (Entered: 02/03/2026)	RECAP
6	Feb. 4, 2026	Summons Issued as to Teneshia Hudspeth. Issued summons delivered to plaintiff by NEF, filed. (dmm4) (Entered: 02/04/2026)	RECAP
7	Feb. 6, 2026	CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (anc4) (Entered: 02/06/2026)	RECAP
8	Feb. 6, 2026	ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 4/6/2026 at 08:45 AM by telephone before Judge Kenneth M Hoyt (Signed by Judge Kenneth M Hoyt) Parties notified. (anc4) (Entered: 02/06/2026)	RECAP
	Feb. 6, 2026	Referral Judge Selected: Magistrate Judge Peter Bray randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (anc4)
	Feb. 6, 2026	Referral Judge Selected
9	Feb. 18, 2026	CERTIFICATE OF INTERESTED PARTIES by Cedric Bryant, Ted Galanos, Louis Maher, Michael McCulloch, National Federation of the Blind of Texas, filed. (Nisankarao, Sashikala) (Entered: 02/18/2026)	RECAP
10	Feb. 19, 2026	RETURN of Service of SUMMONS Executed as to Teneshia Hudspeth served on 2/18/2026, answer due 3/11/2026, filed. (Nisankarao, Sashikala) (Entered: 02/19/2026)	RECAP
11	Feb. 26, 2026	Unopposed MOTION for Extension of Time for Defendants to Respond to Plaintiffs' Complaint by Harris County, Texas, Teneshia Hudspeth, filed. Motion Docket Date 3/19/2026. (Attachments: # 1 Proposed Order Proposed Order Granting Unopposed Motion for Extension of Time) (Swidriski, Edward) (Entered: 02/26/2026)	RECAP
12	Feb. 27, 2026	ORDER granting 11 Unopposed MOTION for Extension of Time for Defendants to Respond to Plaintiffs' Complaint. Answer due 3/24/26 for All Defendants. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 02/27/2026)	RECAP
13	Feb. 27, 2026	ORDER granting 3 Motion for Eve L. Hill to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 02/27/2026)	RECAP
14	Feb. 27, 2026	ORDER granting 4 Motion for Marisa Leib-Neri to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 02/27/2026)	RECAP
15	Feb. 27, 2026	ORDER granting 5 Motion for Lauren J. Kelleher to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 02/27/2026)	RECAP
16	March 2, 2026	NOTICE of Appearance by Christopher McGreal on behalf of Cedric Bryant, Ted Galanos, Louis Maher, Michael McCulloch, National Federation of the Blind of Texas, filed. (McGreal, Christopher) (Entered: 03/02/2026)	RECAP
17	March 24, 2026	MOTION to Dismiss Plaintiffs' Rehabilitation Act Claims by Harris County, Texas, Teneshia Hudspeth, filed. Motion Docket Date 4/14/2026. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Dismiss Plaintiffs' Rehabilitation Act Claims) (Yount, Lori) (Entered: 03/24/2026) 1 Proposed Order Granting Defendants' Motion to Dismiss Plaintiffs' Reh View on PACER	RECAP
18	March 26, 2026	NOTICE of Designation of Attorney-in-Charge by Harris County, Texas, Teneshia Hudspeth, filed. (Yount, Lori) (Entered: 03/26/2026)	RECAP
19	March 26, 2026	CERTIFICATE OF INTERESTED PARTIES by Harris County, Texas, Teneshia Hudspeth, filed. (Yount, Lori) (Entered: 03/26/2026)	RECAP
	March 26, 2026	Certificate of Interested Parties
	March 26, 2026	Other Notice
20	April 1, 2026	STANDING ORDER re: ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 04/01/2026)	RECAP
21	April 1, 2026	JOINT DISCOVERY/CASE MANAGEMENT PLAN by Cedric Bryant, Ted Galanos, Louis Maher, Michael McCulloch, National Federation of the Blind of Texas, filed. (Nisankarao, Sashikala) (Entered: 04/01/2026)	RECAP
22	April 7, 2026	Unopposed MOTION for Extension of Time Respond to Defendant's Motion to Dismiss by Cedric Bryant, Ted Galanos, Louis Maher, Michael McCulloch, National Federation of the Blind of Texas, filed. Motion Docket Date 4/28/2026. (Attachments: # 1 Proposed Order) (Nisankarao, Sashikala) (Entered: 04/07/2026)	RECAP
23	April 10, 2026	ORDER granting 22 Unopposed MOTION for Extension of Time Respond to Defendant's Motion to Dismiss re: 17 MOTION to Dismiss Plaintiffs' Rehabilitation Act Claims ( Replies due by 4/28/2026) (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 04/10/2026)	RECAP
24	April 20, 2026	ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on April 20, 2026 at 8:45 a.m. Appearances: Waived. Initial Disclosures due by 5/10/2026. Pltf Expert Witness List due by 2/1/2027. Pltf Expert Report due by 2/1/2027. Deft Expert Witness List due by 3/1/2027. Deft Expert Report due by 3/1/2027. Discovery due by 4/30/2027. Dispositive Motion Filing due by 7/1/2027. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney's fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions. ETT: TBA. Bench trial. In light of the nature of this case as it concerns the upcoming election, the Court sets this case for a telephonic status conference on the 23rd day of April, 2026 at 9:00 Oclock a.m. The parties are directed to contact the Court at the number provided in order to participate in the conference call. Conference number: 571-353-2301; Conference ID: 973-073-808#; Conference Password: 963-741#. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) Modified on 4/21/2026 (cjh4). (Entered: 04/21/2026)	RECAP
26	April 23, 2026	ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on April 23, 2026 at 9:00 a.m. Appearances: Eve L Hill, Marisa Ann Leib-Neri, Lauren J Kelleher, Christopher Patrick McGreal, Edward David Swidriski, III, Lori Jane Yount. (Court Reporter: David Smith). Pursuant to phone conference conducted this day, April 23, 2026, the plaintiff's response to the defendants' motion to dismiss the plaintiff's Rehabilitation Act Claims will be submitted on or after April 30, 2026. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 04/28/2026)	RECAP
25	April 28, 2026	RESPONSE in Opposition to 17 MOTION to Dismiss Plaintiffs' Rehabilitation Act Claims, filed by Cedric Bryant, Ted Galanos, Louis Maher, Michael McCulloch, National Federation of the Blind of Texas. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3) (Nisankarao, Sashikala) (Entered: 04/28/2026)	RECAP
27	April 28, 2026	MOTION Plaintiffs' Motion for Judicial Notice by Cedric Bryant, Ted Galanos, Louis Maher, Michael McCulloch, National Federation of the Blind of Texas, filed. Motion Docket Date 5/19/2026. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion to Take Judicial Notice) (Nisankarao, Sashikala) (Entered: 04/28/2026) 1 Proposed Order Granting Plaintiffs' Motion to Take Judicial Notice View on PACER	RECAP
28	May 5, 2026	AO 435 TRANSCRIPT REQUEST by Sashi Nisankarao for Transcript of Telephonic Status Conference on 04/23/2026 before Judge Hoyt. 14-Day turnaround requested. Court Reporter/Transcriber: David Smith, filed. (Nisankarao, Sashikala) (Entered: 05/05/2026)	RECAP
29	May 5, 2026	REPLY in Support of 17 MOTION to Dismiss Plaintiffs' Rehabilitation Act Claims, filed by Harris County, Texas, Teneshia Hudspeth. (Yount, Lori) (Entered: 05/05/2026)	RECAP
30	May 12, 2026	ORDER granting 27 Plaintiffs' Motion to Take Judicial Notice.(Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 05/12/2026)	RECAP
31	May 14, 2026	ORDER denying 17 Defendants' Motion to Dismiss. The Court is of the opinion that the motion is premature and cannot be properly addressed in a Rule12(b)(6) motion, therefore, the motion is denied without prejudice to the claim. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 05/14/2026)	RECAP
32	May 19, 2026	RESPONSE to 27 MOTION Plaintiffs' Motion for Judicial Notice filed by Harris County, Texas, Teneshia Hudspeth. (Attachments: # 1 Proposed Order, # 2 Alternative Proposed Order) (Yount, Lori) (Entered: 05/19/2026)	RECAP
33	May 27, 2026	Unopposed MOTION for Extension of Time Answer Deadline by Harris County, Texas, Teneshia Hudspeth, filed. Motion Docket Date 6/17/2026. (Attachments: # 1 Proposed Order) (Yount, Lori) (Entered: 05/27/2026)	RECAP
34	May 27, 2026	TRANSCRIPT re: Scheduling Conference held on 04/23/2026 before Judge Kenneth M Hoyt. Court Reporter/Transcriber David S. Smith. Ordering Party Sashi Nisankarao Release of Transcript Restriction set for 8/25/2026., filed. (Smith, David) (Entered: 05/27/2026)	RECAP
35	May 27, 2026	Notice of Filing of Official Transcript re: 34 Transcript. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 05/27/2026)	RECAP
36	June 4, 2026	ANSWER to 1 Complaint, by Harris County, Texas, filed. (Yount, Lori) (Entered: 06/04/2026)	RECAP
37	June 4, 2026	NOTICE of Attorney Vacation by Harris County, Texas, Teneshia Hudspeth, filed. (Yount, Lori) (Entered: 06/04/2026)	RECAP
38	June 8, 2026	ORDER granting 33 Unopposed MOTION for Extension of Time Answer Deadline. Answer due for All Defendants (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 06/08/2026)	RECAP
39	June 9, 2026	MOTION Plaintiffs' Opposition to Defendants' Motion for Reconsideration of Grant of Judicial Notice by Cedric Bryant, Ted Galanos, Louis Maher, Michael McCulloch, National Federation of the Blind of Texas, filed. Motion Docket Date 6/30/2026. (Attachments: # 1 Proposed Order Denying Defendants' Motion for Reconsideration of Judicial Notice) (Nisankarao, Sashikala) (Entered: 06/09/2026)	RECAP
40	June 16, 2026	REPLY in Support of Motion to Reconsider Order Granting Plaintiffs' Motion for Judicial Notice, filed by Harris County, Texas, Teneshia Hudspeth. (Yount, Lori) (Entered: 06/16/2026)	RECAP
41	July 15, 2026	NOTICE of Attorney Vacation by Cedric Bryant, Ted Galanos, Louis Maher, Michael McCulloch, National Federation of the Blind of Texas, filed. (Nisankarao, Sashikala) (Entered: 07/15/2026)	RECAP
42	Sept. 14, 2026	ORDER denying 39 Defendants Motion for Reconsideration of Judicial Notice. The Courts Order Granting the Plaintiffs Motion to Take Judicial Notice dated May 12, 2026 30 stands.(Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4) (Entered: 09/14/2026)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Election/Voting Rights

Disability Rights

Key Dates

Filing Date: Feb. 3, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individual Texas voters and the the National Federation of the Blind of Texas

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Other Dockets:

Southern District of Texas 4:26-cv-00845

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Mobility impairment

Visual impairment

Voting:

Voting: General & Misc.

Voting: Physical/Effective Access

Recommended Citation

Case Summary of National Federation of the Blind of Texas v. Hudspeth, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47810/ (last updated 10/11/2026).