Press Release

FOR IMMEDIATE RELEASE
September 7, 2021

CONTACT: press@secure-democracy.org

Governor Abbott Signs S.B. 1 Into Law

New Voting Law Makes Some Improvements, But Contains Many Restrictive Provisions That Will Undermine Confidence In Texas Elections

AUSTIN, TX - In response to Governor Abbott signing Senate Bill 1 into law, Secure Democracy issued the following statement:

“Texas voters should have been put first in the debate about election policy, but unfortunately Texas’s new voting law restricts access to the ballot box for far too many Texans, particularly seniors and voters with disabilities,” said Sarah Walker, executive director of Secure Democracy. “While S.B. 1 does make some notable improvements to ensure voters can fix simple mistakes on their ballots and allow voters with disabilities to secure reasonable accommodations, the legislation is still too restrictive and undermines the integrity of Texas elections. Secure Democracy will continue to work with legislators on both sides of the aisle on policies that protect our freedom to vote and build confidence in our elections.”

 

There are positive improvements to election policy in S.B. 1, including:

  • Mail Ballot Cure. S.B. 1 creates a procedure for election officials to notify voters of errors on their mail ballots and to provide them with an opportunity to fix the error and have their ballot counted. The cure language even allows voters to use the online tracking system enacted during the regular session to cure certain errors remotely. Texas joins 28 other states that provide voters notice of mail ballot issues and the ability to cure.

  • Protection for Disability Accommodations. S.B. 1 contains a provision protecting the ability of voters with disabilities to request and obtain reasonable accommodations and modifications to voting procedures to which they are entitled under state and federal law.

  • Poll Watcher Training. S.B. 1 contains a provision requiring any person wishing to serve as a poll watcher to complete an online training course developed by the Secretary of State. The prospective watcher will receive a certificate of completion at the conclusion of the online course that they must present to polling place officials prior to serving as a poll watcher.

 

However, the law includes too many provisions that will restrict the freedom to vote, threaten voters and local elections administrators with criminal prosecution, and undermine confidence in Texas voting systems, including: 

  • Restricting experienced, professional election officials, caregivers, and volunteers from providing needed assistance for Texans with disabilities and older voters. Threatens volunteers with the same punishment afforded individuals convicted of crimes like kidnapping and indecency with a child for merely returning a ballot on someone else’s behalf. 

  • Putting election officials at risk of facing criminal prosecution for taking actions to increase voter access and protect voter health in a crisis including sending vote by mail applications to all eligible voters or removing poll watchers who disrupt the voting process.

  • Allowing poll watchers to commit “one free crime” by prohibiting election officials from removing poll watchers for violations of the Election Code unless an election official witnesses the watcher commit an offense, warns the watcher, and then the watcher commits another offense.

  • Prohibiting the use of temporary or outdoor polling facilities, even in cases of emergency to protect the health of voters and election officials.

  • Creating a new civil cause of action for candidates to sue their opponents for damages based on unsubstantiated claims of Election Code violations, potentially clogging up courts.

  • Adding new audit procedures disproportionately targeting more populous counties that are duplicative of procedures passed by the Legislature during the regular session. The bill does not provide funding for counties to pay for these redundant audit procedures.

ADDITIONAL RESOURCES:

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Secure Democracy is a nonpartisan, nonprofit organization that works to improve election integrity across the United States. They educate policymakers and the public about what it takes to safeguard our voting system, and collaborate with state leaders, election administrators, election integrity experts, and allies to ensure that all eligible citizens have the freedom to vote how they choose, of justice, equality and the common good. Online at secure-democracy.org.