A federal judge in Texas has ruled that certain voter fraud investigations conducted by the state's Attorney General are unconstitutional and must cease.
The decision, issued by U.S. District Judge Xavier Rodriguez on Saturday, strikes down a portion of a controversial law championed by Texas Republicans as a measure to deter voter fraud.
As reported by HuffPost, the ruling specifically targets provisions within Senate Bill 1 (S.B. 1), a sweeping election law enacted in 2021.
The judge's order focuses on the law's restrictions on canvassing methods, which were deemed overly vague and potentially infringing on First and Fourteenth Amendment rights. These provisions had been used by Texas Attorney General Ken Paxton to justify raids on the homes of Democratic candidates, local officials, and Latino voting rights activists in recent weeks.
Judge Rodriguez's 78-page order addresses the canvassing restrictions within S.B. 1, finding them to be unconstitutionally vague. The law had imposed criminal penalties for what it termed "vote harvesting," but failed to provide a clear definition of the practice. This lack of clarity, according to the judge, could lead to the infringement of constitutional rights for individuals and organizations engaged in common election-related activities.
The ruling specifically notes that the law's provisions could criminalize long-standing practices such as hosting candidate forums, demonstrating voting machines, or providing language assistance to voters. These activities, which have been standard practice for many outreach groups and volunteers, were potentially at risk under the broad language of S.B. 1.
Judge Rodriguez highlighted an example where bilingual volunteers, who commonly assist with translation during door-to-door canvassing, could be at risk of violating the law. Even offering water to voters waiting in line could be construed as providing an illicit "benefit" under the attorney general's interpretation of the law.
The court's decision effectively bars Attorney General Paxton from conducting investigations into alleged "vote harvesting" under the struck-down provisions of S.B. 1. This ruling comes as a significant blow to the state's efforts to enforce what Republicans had touted as a necessary tool to combat voter fraud.
Judge Rodriguez wrote in his order:
The County DAs are permanently enjoined from deputizing the Attorney General, appointing him pro tem, or seeking his appointment pro tem from or by a district judge to prosecute alleged violations of TEC § 276.015 that occur within their jurisdictions.
This injunction effectively limits the attorney general's power to intervene in local prosecutions related to the now-invalidated sections of the law.
The American Civil Liberties Union of Texas celebrated the ruling, describing it as a victory for voting rights in the state. The organization emphasized the importance of the decision for groups working to keep elections accessible to all eligible voters.
The ruling comes in response to a lawsuit filed in September 2021 by La Union del Pueblo Entero, representing various voting and civil rights groups, Texas election officials, and individual voters. The case, which was consolidated with other similar claims, challenged multiple aspects of S.B. 1, including its ban on 24-hour drive-thru voting and restrictions on poll watchers.
In conclusion, the federal court's ruling marks a pivotal moment in the ongoing debate over voting rights and election integrity in Texas. By declaring certain voter fraud investigations unconstitutional, the decision limits the attorney general's authority and provides protection for organizations engaged in voter outreach and assistance. As the legal landscape surrounding S.B. 1 continues to evolve, the impact of this ruling on future elections and voting practices in Texas remains to be seen.
