The Biden administration launched a judicial challenge Thursday to a recently enacted Texas election law, alleging that parts of the legislation dealing with mail-in ballot requirements and voter assistance violate federal civil rights law.
“Our democracy depends on the right of eligible voters to cast their ballots and count the votes,” Attorney General Merrick Garland said in a statement. “The Department of Justice will continue to use all the powers at its disposal to protect this fundamental pillar of our society.”
Republican Governor Greg Abbott signed the law into effect in September after a months-long political struggle that culminated in July, when dozens of Democratic state lawmakers fled Austin on chartered flights in an effort to prevent consideration of the measure by blocking a quorum.
In a lawsuit filed in federal court in San Antonio, the Department of Justice disputed two provisions of the law. The first requires that persons assisting disabled or illiterate voters take an oath that includes recognizing the penalty for perjury and removing language that requires them to answer any questions the voter may ask.
According to the Department of Justice, the revised section “restricts the basic right to meaningful assistance in the voting room… [and] It will limit basic voting rights without paying any legitimate state interest.”
The federal government is also challenging the law’s requirement that mail-in ballots include a driver’s license number or the last four digits of a voter’s Social Security number, which the Department of Justice says is “not essential to determining whether a voter meets state law qualifications to vote or cast a mail-in vote.”
According to the Biden administration, those affected by mail provision include non-English speaking voters, senior citizens, military serving overseas, and Texans living outside the United States.
“These vulnerable voters already face barriers to the ballot box, and SB 1 will exacerbate the challenges they face in exercising their fundamental right to vote,” the Justice Department file read, using the law’s official name.
The lawsuit filed Thursday does not challenge other parts of the law that Democrats oppose, such as the 24-hour ban on polling places and voting by car.
Abbott’s response to the lawsuit He tweeted: “Bring it.“
“The Texas Election Integrity Act is legal,” the governor added. “It increases voting hours. It restricts illegal voting by mail. Only those who qualify can vote by mail. It also makes poll harvesting a felony. In Texas, it’s easier to vote but cheating is harder.”
Biden comes after Texas for SB1, the recently enacted Election Integrity Act, Chemd in state attorney general Ken Paxton. “It’s a great and much needed bill. Ensuring a safe and transparent election in Texas is a top priority for me. I’ll see you in court, Biden!”
The bill was originally supposed to be considered at the end of the Texas legislature’s regular session in May, but state Democratic representatives thwarted that possibility by organizing a mass strike.
Abbott responded by calling a special session beginning July 8.
After repeated threats from Abbott to call for additional special sessions — in addition to arresting rogue lawmakers and forcing them to sit in the Capitol when they returned to Texas — Democrats are quietly beginning to return to Texas, with the 100-member state assembly reaching a quorum. On August 19.
SB 1 passed the Texas legislature on August 31 and Abbott signed it into law a week later.
With Thursday’s lawsuit and Monday’s Supreme Court hearing challenging the alleged “fetal heartbeat” Texas abortion law, the Justice Department is now trying to overturn two of the Lone Star State Republicans’ accomplishments this year.
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