The Legal Defense Fund (LDF), along with Delta Sigma Theta Sorority and The Arc of the U.S., today applauded a decision delivered Tuesday by the U.S. District Court for the Western District of Texas that struck down certain provisions of S.B. 1, an egregious Texas law that sharply limits voting access.
In its ruling, the Court found that S.B. 1’s burdensome identification requirements on individuals voting by mail discriminate against voters with disabilities, in violation of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The Court further ruled against S.B.1’s burdensome disclosure requirements on anyone assisting voters. The Court also struck certain language from an oath that Texas law requires assistors to swear under penalty of perjury before they can help voters, a requirement that puts these assistors at risk of criminal prosecution and chills the ability of voters to receive the assistance they need to vote.
Texas is home to three million voting-eligible individuals with disabilities, and Black Texans are more likely to have a disability than white Texans. In Texas, nearly 18 percent of Black adults have a disability.
“This ruling is a significant triumph for the three million voters with disabilities across Texas and the ongoing fight for an inclusive democracy,” said Jennifer A. Holmes, Deputy Director of Litigation at the Legal Defense Fund. “The Court’s decision strikes down barriers that unfairly burdened and excluded voters with disabilities, ensuring they can exercise their fundamental right to participate in the franchise. The right to vote is illusory if election procedures are not accessible to all voters. This ruling strengthens the fairness of our electoral system by ensuring equal access to the ballot box.”
“This ruling is a beacon of justice for voters with disabilities, casting a stark light on the systemic barriers imposed by S.B.1,” said Elsie Cooke-Holmes, International President of Delta Sigma Theta Sorority, Inc. “The decision highlights a glaring disregard for ADA compliance within our electoral system and reveals the burdens these legal oversights place on voters and election officials. It’s a profound victory not just for the principle of equal access but for the integrity of our democratic process. As Delta Sigma Theta Sorority, Inc. continues its advocacy, this ruling is a pivotal step in ensuring that all voters, regardless of ability, are afforded the dignity and respect they deserve in exercising their fundamental right to vote. This is a testament to the strength and resolve of our Sorority in championing the rights of the disenfranchised.”
“This decision sends a clear message: systemic barriers that prevent people with disabilities from fully participating in the electoral process are illegal,” said Shira Wakschlag, Senior Director of Legal Advocacy and General Counsel for The Arc of the United States. “The court carefully considered the experiences of The Arc’s members — voters with disabilities and their assistors — and found that S.B. 1 subjected them to barriers that blocked their voices on issues that directly impact their daily lives, stripping them of their fundamental right to participate in our democracy. Even when voters with disabilities managed to cast a ballot, they endured significant burdens that are themselves violations of federal law. This ruling affirms that the right to vote must be more than theoretical — it must be meaningful, accessible, and free from unnecessary hardship. The Arc celebrates this decision and will continue fighting nationwide to protect the rights of voters with disabilities.”
“At trial, the Court heard testimony regarding the significant barriers disabled voters face in any election and that S.B. 1 exponentially compounded issues people with disabilities faced,” said J. Michael Showalter, partner at ArentFox Schiff. “We were proud to stand with our clients Delta Sigma Theta Sorority and The Arc of Texas in removing barriers that limited Texans’ with disabilities rights to cast their votes.”
The ruling orders the Texas Secretary of State to remove the burdensome identification requirements from the mail-in ballot application. The court ruled that, as this decision comes too soon before the May 2025 Texas election, its directives are stayed until after that election.
Shortly after Texas lawmakers passed S.B. 1 in 2021, the Legal Defense Fund, The Arc, Reed Smith, and, later, ArentFox Schiff, filed a lawsuit on behalf of Delta Sigma Theta Sorority, Inc., the Houston Area Urban League, The Arc of Texas, and an individual election judge, challenging multiple provisions of the suppressive law. In addition to the provisions imposing burdensome identification requirements on voting by mail, the lawsuit also challenged provisions that limited early voting hours, banned 24-hour voting, eliminated drive-thru voting centers, limited multiple drop-off locations for mail ballots, limited the distribution of mail-in ballot applications, and expanded the authority of partisan poll watchers. Other disability rights and civil rights organizations also challenged the law in companion lawsuits.
Although the Court has yet to rule on all the challenged provisions, it issued prior orders striking down S.B. 1’s restrictions on door-to-door canvassing and provisions restricting voter assistance. These rulings have been appealed.
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