Texas Voters with Disabilities Just Got Hit With a Major Setback

A federal appeals court has revived key parts of Texas' controversial SB 1 voting law, bringing back restrictions that disability rights and civil rights groups could make it harder for Texans with disabilities to cast their ballots.

On August 12, the U.S. Fifth Circuit Court of Appeals restored several provisions of Senate Bill 1, the sweeping 2021 election law that has faced years of legal challenges over its impact on voters with disabilities.

The ruling overturned a lower court decision that had blocked portions of the law after finding that certain restrictions placed burdens on voters protected by the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

Among the provisions at issue are the additional identification requirements for voters casting ballots by mail and restrictions surrounding assistance provided to voters. That means Texans who rely on mail-in voting or assistance could once again face requirements that advocates argue create unnecessary obstacles to casting a ballot.

With the November elections approaching, voting rights groups are warning that the decision could have consequences for millions of Texans with disabilities. More than 3 million eligible Texans have a disability, according to data cited by voting rights advocates.

"The court's decision to reimpose discriminatory barriers to the ballot is profoundly disappointing and a betrayal of millions of Texans," said Victor Genecin, counsel at the Legal Defense Fund.

The American Civil Liberties Union's Voting Rights Project also criticized the ruling, arguing that voters with disabilities should not have to navigate additional obstacles simply to exercise their right to vote.

The Fifth Circuit, however, took a different view of the plaintiff's claim. The court found that the voters involved in the litigation had ultimately been able to comply with the challenged requirements and concluded they had not demonstrated a "substantial risk" of being disenfranchised.

The latest ruling does not end the broader battle over the law. Instead, it puts several disputed restrictions back into effect as Texas heads toward another election.