Press Release

FOR IMMEDIATE RELEASE
April 19, 2021

CONTACT: press@secure-democracy.org

Secure Democracy: “Texans expect their state lawmakers to work hard — not to interfere with their liberty”

AUSTIN, Texas— In response to the Senate State Affairs Committee holding the sixth public hearing on voting this legislative session, Secure Democracy issued the following statement:

“Texans expect their state lawmakers to work hard to defend their liberty — not interfere with it,” said Sarah Walker, executive director of Secure Democracy. “With 9 in 10 Texas voters believing our system works well, it’s time that the legislature fix the power grid, pass a state budget, and improve the economy — and stop messing with our elections.”

ADDITIONAL BACKGROUND

Senate Bill 7, which passed the Senate in the dead of night on April 1, would create significant barriers to voting for seniors, veterans, and disabled Texans. Provisions that would specifically affect these populations include:

  • Creates new, confusing documentation requirements for voters to receive assistance voting in person or by mail. These requirements would make it even more challenging for disabled voters and voters for whom English is a second language to have their voices heard. (Sections 3.10 & 3.11)

  • Creates additional barriers for community organizations to provide needed information and assistance to voters, particularly related to vote by mail. A March 2021 poll found that 81% of Texas voters wanted voters to receive necessary assistance in completing their ballots. (Section 4.08)

  • Eliminates the discretion of local election officials to provide alternative voting options to meet the needs of their diverse populations. The bill would lead to fewer and smaller polling locations in the most populous areas of metropolitan counties, despite polling finding 84% of Texans believe election officials should provide more polling locations. (Sections 3.06, 3.07, 3.15)

  • Allows partisan activists serving as “poll watchers” to intimidate voters by recording them in the polling place, including recording voters who need assistance with casting their ballots, and limiting the ability of election judges to remove disruptive poll watchers. (Sections 3.01 through 3.05)

  • Exposes any person helping a voter mail their ballot to felony prosecution, including family members interested in helping a voter cast the ballot for the candidate of the voter’s choice. (Section 4.08)

House Bill 6, which passed out of the House Elections Committee following a 22-hour hearing and is pending action on the House floor, would create barriers to providing necessary assistance to voters, including for caregivers who assist family members or the voters to whom they provide care. The provisions that would specifically affect disabled, older and veteran populations include:

  • Prosecuting caregivers and family members providing assistance to voters for criminal offenses if they fail to complete new, confusing documentation when providing assistance. Assistants would need to attest to the nature of the voter’s disability that requires them to receive assistance. (Sections 4.01 through 4.03)

  • Prosecuting election officials for felonies if they send ballot applications to voters who do not first request one. Due to the restrictions Texas places on mail ballot voting, a large portion of mail ballot voters are older voters and disabled voters. The bill also prohibits local election officials from making sensible changes to election procedures to increase voter access. (Section 5.04) 

  • Prosecuting election judges in polling locations for criminal offenses when they remove unruly and disruptive partisan poll watchers. (Section 3.03 and 3.07)

  • Prosecuting members of community organizations who assist a voter in casting their ballot in person or by mail. (Section 5.04)

  • Exposes any person helping a voter mail their ballot to felony prosecution, including family members interested in helping a voter cast the ballot for the candidate of the voter’s choice. (Section 5.04)

Just last week (April 15), the House Elections Committee passed House Bill 1725 which would prohibit all in-person return of vote by mail ballots. All but two other states allow a voter to return their mail ballot in person to a clerk’s office or other drop-off location. Texas already has one of the most restrictive policies regarding in-person ballot return, limiting in-person return to one location on Election Day only. HB 1725 would eliminate all in-person ballot return, forcing senior and disabled voters to rely on the postal service or pay for a commercial carrier to deliver their ballot to election officials and giving them no way to be absolutely sure that their ballot is received by election officials in time.

A Secure Democracy analysis of Texas Secretary of State data from the 2020 general election found that restricting access to absentee and early voting options could largely disenfranchise older voters and veteran voters — especially Republican older voters and veteran voters:

  • Over 4 million voters aged 55 or older voted early or by mail in Texas, as opposed to 426,000 voters casting their ballot on Election Day. Among all Republican voters aged 55 or older in Texas, 91% voted early or by mail in 2020.

  • Only 8% of active military and veterans in Texas voted in-person on Election Day. 57% voted early, while 33% voted by mail. More than 6 in 10 (62%) of Republican active duty military or veteran voters in Texas voted early, while nearly 3 in 10 (29%) of Republican active duty military or veteran voters in Texas voted absentee.

A number of other pending bills would subject caregivers with felony prosecution for assisting family members to vote.

  • HB 330 creates new felony penalties for actions related to voter assistance to voters with disabilities.

  • HB 611 is a standalone bill containing the same criminal penalties for voter assistance as HB 6.

  • HB 2320 creates a new felony for helping a voter complete a mail ballot application by pre-filling certain data on the application.

  • HB 4331 is a standalone bill containing the same criminal penalties for assisting voter return of mail ballots as HB 6 and SB 7. This bill has already been voted out of committee.

  • SB 1535 raises existing penalties for actions related to voter assistance from misdemeanors to felonies.

  • SB 1607 creates felony penalties for assisting mail ballot voters with ballot return.

  • SB 1613 creates felony penalties for assisting mail ballot voters with ballot return.

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About Secure Democracy

Secure Democracy is a nonpartisan, nonprofit organization that works to improve election integrity across the United States. We educate policymakers and the public about what it takes to safeguard our voting systems. We 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.