A federal judge has ruled that parts of the 2021 Texas voter security law are unconstitutional, and Texas can no longer investigate voter assistance efforts as a criminal act.
In a 78-page ruling, U.S. District Judge Xavier Rodriguez found that a key part of the omnibus voter legislation is confusing, vague and overly broad. Rodriguez also wrote that it violates freedom of speech along with the 14th Amendment, and that there is no actual problem of illegal vote harvesting.
Under one provision, those who assist mail-in ballot voters in exchange for compensation could spend up to ten years in prison and could be fined up to $10,000.
"Witnesses were particularly uncertain about how to interpret the terms 'physical presence' and 'compensation' — neither of which is defined in the statute — and how the Canvassing Restriction impacts organizers’ ability to provide voting assistance during their in-person interactions with voters," Rodriguez wrote.
Federal Court Vote Harvesting Ruling by Texas Public Radio on Scribd
Republican lawmakers have argued the provision is meant to prevent voter fraud.
Under the ruling, the Texas attorney general’s office can no longer conduct investigations based on the provision.
The AG’s office cited it when it recently conducted a series of raids on the homes of Latino voting rights activists and a Democratic candidate for the Texas House.
The lawsuit brought by multiple Texas voting rights organizations asked for relief from several parts of SB 1. But Saturday’s ruling only concerned the state’s attempt to block assistance with absentee ballots.
In a statement, the League of United Latin American Citizens (LULAC) praised the ruling — saying the state was trying to intimidate Latino organizers and voters.
"For too long, certain politicians have used false claims to push abusive laws like this in campaigns of intimidation," LULAC said on X. "Today's decision blows a hole in those campaigns."
Legal challenges continue to other provisions in the law restricting mail-in ballot voting and voter assistance.
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