Federal Court Reinstates Controls on Mail-In Voting in Texas

TEXAS—A federal appeals court has given the green light to several provisions of Texas election law that tighten controls on mail-in voting and add mechanisms to verify voter identity.

The Fifth Circuit Court of Appeals overturned a lower court decision that had blocked nine provisions of the state election law passed in 2021, known as Senator Bill 1 (SB 1). With the ruling, Texas authorities can once again implement these measures.

Among the provisions is the requirement that those who vote by mail provide an identification number, such as their driver's license number, or certain digits from their Social Security number, which must match state records.

The legislation also includes mechanisms for voters to correct certain errors on their ballots, as well as establishing rules for people who assist other voters during the election process. Those providing assistance must identify themselves, declare their relationship to the voter, and certify that they did not use coercion or intimidation.

The Fifth Circuit Court of Appeals found that the plaintiffs failed to demonstrate that these provisions pose a substantial risk of disenfranchising individuals protected by federal disability laws. The decision thus reverses a previous injunction issued by a federal district court.

SB 1, passed by the Texas Legislature in 2021 and presented by its proponents as a measure to strengthen election integrity and security, established several additional controls over mail-in voting and other election procedures. The law itself states among its objectives reducing the possibility of fraud and ensuring that legally cast ballots are counted.

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