OCA-Greater Houston v. Paxton
What's at Stake
Texas has growing Hispanic and Black populations that helped propel record voter turnout in the November 2020 election. The Texas Legislature responded to this increased civic participation with an omnibus election bill titled Senate Bill 1—SB 1 for short—that targeted election practices that made voting more accessible to traditionally marginalized voters like voters of color, voters with disabilities, and voters with limited English proficiency. Since 2021, SB 1 has resulted in tens of thousands of lawful votes being rejected, and it remains a threat to democracy in Texas.
Summary
In September 2021, the ACLU, the ACLU of Texas, Asian American Legal Defense and Education Fund, Texas Civil Rights Project, and Jenner & Block LLP filed suit in the U.S. District Court for the Western District of Texas to challenge SB 1 provisions for violating federal law on behalf of the League of Women Voters of Texas, the OCA-Greater Houston, and REVUP Texas.
The lawsuit alleges that SB 1 violates Section 101 of the Civil Rights Act of 1964, by requiring voters to provide immaterial information—ID numbers not used to determine whether someone is an eligible voter—on their applications for ballot by mail or mail-in ballot. Applications and ballots without this immaterial information are rejected automatically under SB 1.
The lawsuit also alleges that SB 1 violates Section 208 of the Voting Rights Act by impairing voters who need assistance from being aided by the assistor of their choice. In addition, the lawsuit alleges that SB 1 violates the First Amendment and Fourteenth Amendment of the U.S. Constitution because it restricts Plaintiffs’ right to free speech.
After rejecting Defendants’ motion to dismiss in August 2022, the district court agreed with Plaintiffs’ Civil Rights Act claim in August 2023. The district court granted Plaintiffs’ request for summary judgment, declaring Section 5.07 and Section 5.13 of SB 1 in violation of the Civil Rights Act. The state appealed the district court’s decision and asked the Fifth Circuit Court of Appeals to place a hold on it while the appeal is pending.
Plaintiffs proceeded to trial on their other claims in September 2023.
Update: On September 30, 2024, the district court ruled that a provision of the law that criminalized ways in which canvassers could engage with voters in the presence of a mail-in ballot was unconstitutional under the First and Fourteenth Amendments. The court enjoined the law's application statewide. The government has appealed that decision.
Legal Documents
-
09/17/2024
No. 23-50885 Reply Brief for Appellants -
09/17/2024
No. 23-50885 Intervenor-Appellants' Reply Brief -
08/19/2024
No. 23-50885 Protect Democracy Project Amici -
08/19/2024
No. 23-50885 New Disabled South and disAbilitysa Amici -
08/19/2024
No. 23-50885 Constituional Accountability Center Amici -
08/19/2024
No. 23-50885 AARP Amici -
08/12/2024
No. 23-50885 Plaintiffs-Appellees' Brief -
08/12/2024
No. 23-50885 Brief for the United States as Appellee -
06/12/2024
No. 23-50885 Intervenor-Appellants' Opening Brief -
06/12/2024
No. 23-50885 Brief for Appellants -
12/15/2023
No. 23-50885 Order Granting Stay Pending Appeal -
12/12/2023
No. 23-50885 Defendants' Reply -
12/11/2023
No. 23-50885 Plaintiffs' Response -
12/06/2023
No. 23-50885 Defendants' Motion for a Stay -
03/20/2023
No. 22-50775 Appellant-Defendant's Reply -
02/08/2023
No. 22-50775 Brief for Plaintiffs-Appellees -
12/09/2022
No. 22-50775 Appellant-Defendant's Opening Brief -
01/18/2022
OCA-Greater Houston v. Esparza Second Amended Complaint
Date Filed: 09/17/2024
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 09/17/2024
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 08/19/2024
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 08/19/2024
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 08/19/2024
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 08/19/2024
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 08/12/2024
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 08/12/2024
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 06/12/2024
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 06/12/2024
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 12/15/2023
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 12/12/2023
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 12/11/2023
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 12/06/2023
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 03/20/2023
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 02/08/2023
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 12/09/2022
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download DocumentDate Filed: 01/18/2022
Court: Appeals Court (5th Cir.)
Affiliate: Texas
Download Document-
09/30/2024
Findings of Fact and Conclusions of Law -
01/19/2024
Proposed Findings of Fact and Conclusions of Law -
11/29/2023
Memorandum Opinion -
07/14/2023
Reply in Support of OCA Plaintiffs' Motion for Partial Summary Judgment -
05/26/2023
Motion for Partial Summary Judgment -
08/02/2022
Order -
01/18/2022
Complaint
Date Filed: 09/30/2024
Court: District Court (W.D. Tex.)
Affiliate: Texas
Download DocumentDate Filed: 01/19/2024
Court: District Court (W.D. Tex.)
Affiliate: Texas
Download DocumentDate Filed: 11/29/2023
Court: District Court (W.D. Tex.)
Affiliate: Texas
Download DocumentDate Filed: 07/14/2023
Court: District Court (W.D. Tex.)
Affiliate: Texas
Download DocumentDate Filed: 05/26/2023
Court: District Court (W.D. Tex.)
Affiliate: Texas
Download DocumentDate Filed: 08/02/2022
Court: District Court (W.D. Tex.)
Affiliate: Texas
Download DocumentDate Filed: 01/18/2022
Court: District Court (W.D. Tex.)
Affiliate: Texas
Download DocumentPress Releases
Major Victory in Lawsuit Against Texas Anti-Voter Law, S.B. 1
Groups File Lawsuit Against State of Texas Over Voter Suppression Bill SB1