Justia Election Law Opinion Summaries

A group of voters in Tarrant County, Texas, challenged the county’s decision to redraw the boundaries of its four commissioners precincts in 2025, a process that occurred outside the usual post-census redistricting cycle. The new map, adopted by a narrow 3–2 vote, shifted a significant number of voters—disproportionately Black, Latino, and Democratic—into precincts that would not hold commissioner elections until 2028, effectively postponing their opportunity to vote for a county commissioner by two years. The plaintiffs, who are racially diverse, argued that the redistricting was intended to harm racial minorities and Democratic voters, and that the mid-cycle timing unlawfully disenfranchised certain residents.The United States District Court for the Northern District of Texas denied the plaintiffs’ request for a preliminary injunction to block the use of the new map in the 2026 election. The district court dismissed the First Amendment claims as nonjusticiable under Supreme Court precedent, but allowed the race discrimination and vote postponement claims to proceed, ultimately finding that the plaintiffs had not shown a likelihood of success on the merits.On appeal, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s denial of a preliminary injunction. The Fifth Circuit held that claims of partisan gerrymandering are nonjusticiable in federal court, even when staggered elections result in some voters’ ballots being postponed. The court further held that the plaintiffs had not demonstrated that race was a motivating factor in the adoption of the new map, applying the Arlington Heights framework and finding no clear error in the district court’s assessment of the evidence. Finally, the court concluded that postponement of voting opportunities due to redistricting in a staggered election system does not violate the Constitution, as there is no right to vote on a particular schedule. View "Jackson v. Tarrant County" on Justia Law

Texas enacted Senate Bill 1, which included several provisions regulating how individuals may assist voters, particularly those who are blind, disabled, or illiterate. The challenged provisions required assistors to disclose personal information, amended the oath assistors must take, and prohibited compensated assistance or paid ballot harvesting. Various organizations with members who require or provide voting assistance argued that these provisions were preempted by Section 208 of the Voting Rights Act, which allows eligible voters to receive assistance from a person of their choice, with certain exceptions.The United States District Court for the Western District of Texas found that at least one plaintiff organization had standing to challenge each provision. The court held that Section 208 preempted all the challenged provisions, reasoning that the federal law did not permit states to impose additional limitations or exceptions beyond those stated in Section 208. As a result, the district court permanently enjoined state officials and certain district attorneys from enforcing the relevant sections of Senate Bill 1.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s decision. The Fifth Circuit concluded that none of the plaintiff organizations had standing to challenge the disclosure and oath provisions, as their fears of prosecution were speculative and did not constitute an actual or imminent injury. However, the court agreed that two organizations had standing to challenge the compensation provisions, as there was a credible threat of prosecution for their ongoing activities.Addressing the merits, the Fifth Circuit held that Section 208 of the Voting Rights Act does not preempt Texas’s compensation-related restrictions. The court found no clear and manifest congressional intent to preempt such state regulations and rejected the district court’s broader reading of Section 208. The Fifth Circuit reversed the district court’s judgment, vacated the permanent injunction, and remanded the case for further proceedings. View "La Union del Pueblo Entero v. Abbott" on Justia Law

Texas enacted a law in 2021 requiring voters who wish to vote by mail to provide an identification number—such as a driver’s license or the last four digits of their Social Security number—on both their mail-in ballot applications and the ballots themselves. This number must match the one provided during voter registration. If the numbers do not match or are missing, the application or ballot is rejected. The law was challenged by the United States and several private plaintiffs, who argued that these requirements violate the materiality provision of the Civil Rights Act of 1964, which prohibits denying the right to vote due to errors or omissions on paperwork if those errors are not material to determining voter qualification.The United States District Court for the Western District of Texas consolidated the lawsuits and denied Texas’s motion to dismiss, finding that the plaintiffs had standing and that sovereign immunity did not bar the private plaintiffs’ claims. After discovery, the district court granted summary judgment for the plaintiffs, holding that the identification number requirement was not material to voter eligibility and enjoined Texas from enforcing the number-matching provisions.On appeal, the United States Court of Appeals for the Fifth Circuit first determined that the district court lacked jurisdiction over the private plaintiffs’ claims against the Secretary of State due to a pending appeal on sovereign immunity, but found no jurisdictional bar to reviewing the United States’ claims. The Fifth Circuit held that the identification number requirement is material to determining whether an individual is qualified to vote under Texas law, as it serves to confirm the voter’s identity and prevent fraud. The court concluded that the law complies with the materiality provision of the Civil Rights Act and reversed the district court’s judgment, rendering judgment for the defendants. View "USA v. Paxton" on Justia Law

The Institute for Free Speech (IFS), a nonprofit organization that provides pro bono legal services for First Amendment litigation, sought to represent a Texas politician and a political committee in challenging a Texas election law. This law requires political advertising signs to include a government-prescribed notice. IFS refrained from entering into representation agreements due to fear of prosecution under the Texas Election Code, which prohibits corporations from making political contributions, including in-kind contributions such as pro bono legal services.The United States District Court for the Western District of Texas dismissed IFS's complaint for lack of Article III standing, concluding that IFS's claims were not ripe and that qualified immunity barred the individual-capacity claims. The district court assumed IFS had standing but found that the claims were not ripe because the prospective clients did not yet qualify as a candidate and a political committee. The court also concluded that sovereign immunity did not bar the official-capacity claims.The United States Court of Appeals for the Fifth Circuit reviewed the case and determined that IFS had standing to pursue its claims. The court found that IFS had demonstrated a serious intent to engage in constitutionally protected conduct, that its proposed conduct would violate Texas law, and that there was a substantial threat of enforcement. The court also concluded that IFS's claims were ripe for adjudication, as the prospective clients qualified as a candidate and a political committee under Texas law.The Fifth Circuit held that the district court erred in dismissing the case for lack of standing and ripeness. However, the court affirmed the dismissal of the individual-capacity claims based on qualified immunity, as the right to provide pro bono legal services in this context was not clearly established. The court also affirmed that the Ex parte Young exception to sovereign immunity applied, allowing the official-capacity claims to proceed. The case was remanded for further proceedings consistent with the opinion. View "Institute for Free Speech v. Johnson" on Justia Law