Federal government sues Texas over election law
The federal government on Thursday sued Texas over its new election law.
The law, which takes effect Dec. 2, makes a number of changes to the way elections are conducted in the state, including prohibiting drive-thru and 24-hour voting and offering protections for partisan poll watchers. The lawsuit, filed by the Justice Department, challenges provisions related to assisting a voter and voting by mail.
“Our democracy depends on the right of eligible voters to cast a ballot and to have that ballot counted,” Attorney General Merrick Garland said in a statement. “The Justice Department will continue to use all the authorities at its disposal to protect this fundamental pillar of our society.”
Versions of the election bill garnered national attention after House Democrats broke quorum and fled to Washington to block the legislation’s passage. Supporters argued the legislation was needed to promote election integrity, whereas opponents said would restrict access to the polls.
One section of the bill subject to the department’s lawsuit requires a person who assists a voter to take an oath at the polling place under the penalty of perjury.
“By requiring individuals who provide voter assistance to take the revised oath, SB 1 prohibits assistors from answering a voter’s questions, explaining the voting process, paraphrasing complex language, and providing other forms of voting assistance that some qualified voters require to cast an informed and effective vote,” the lawsuit states.
The lawsuit also flags parts of the bill dealing with identification requirements for mail ballot applications and mail ballot carrier envelopes. The bill requires an early voting clerk to reject a mail ballot application if required identifying information doesn’t match information from the voter’s registration application.
“By requiring rejection of mail ballot materials that do not contain identification numbers that identify the same voter identified on the voter’s application for voter registration, SB 1 mandates rejection of written materials requisite to voting based on errors or omissions that are not material to determining a voter’s qualification to vote or vote by mail,” the lawsuit reads. “In turn, the rejection of ballot applications and ballot carrier envelopes based on these immaterial errors or omissions will disenfranchise eligible voters.”
The department is asking a federal court out of San Antonio to block the enforcement of the flagged bill provisions.
Texas Attorney General Ken Paxton’s office, asked for comment, pointed to a tweet from the state official defending the law.
“Biden is coming after Texas for SB1, our recently enacted election integrity law,” Paxton wrote. “It’s a great and a much-needed bill. Ensuring Texas has safe, secure, and transparent elections is a top priority of mine. I will see you in court, Biden!”
This story was originally published November 4, 2021 at 5:20 PM.
