Press Release

FOR IMMEDIATE RELEASE
August 27, 2021

CONTACT: press@secure-democracy.org

Texas House Passes S.B. 1, But Voters Deserve Better

TX House makes notable improvements to elections bill, but voter access for many Texans, including seniors and people with disabilities, still at risk

AUSTIN, TX - In response to the Texas House passing Senate Bill 1, Secure Democracy issued the following statement:

“Texas voters deserve policies that both protect the integrity of our elections and ensure every eligible Texan has the freedom to vote,” said Sarah Walker, executive director of Secure Democracy. “While the House did make significant changes to S.B. 1 to improve voter access, the legislation still includes too many restrictive provisions that undermine confidence in our elections.”

 

Significant Improvements To Election Policy: The Texas House did make some significant improvements to the bill, including:

  • Ensure voters can fix simple mistakes on their ballots. If this bill becomes law, Texas will join other Republican-controlled states including Florida, Ohio, Kentucky, Indiana, and North Dakota by creating a process to notify voters about an honest, correctable issue with their mail ballot prior to rejecting them.

  • Provide mandatory online training to poll watchers. Under the House’s bill, the Secretary of State would require any person wishing to serve as a poll watcher to complete an online training class. Poll watchers would have to present a certification of completion of this training prior to acceptance for service by polling place officials.

  • Protect the rights of voters with disabilities to request reasonable accommodations or modifications to election procedures to which they are entitled under state or federal law.

Secure Democracy thanks the legislators and advocates for people with disabilities we have worked with to ensure these important provisions were added to the legislation.

Still Too Many Voting Restrictions: However, the legislation still has too many restrictions for Texas voters and election officials, including:

  • Restricts 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. 

  • Puts 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.

  • Allows 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.

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

  • Creates 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.

  • Adds 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.

Secure Democracy will continue to work during the interim to offer policy and research support to legislators and staff on election-related issues so Texas can be a leader in policy that protects voter freedom and builds confidence in our elections. 

The bill, which was amended in its second chamber, now heads back to the Senate for consideration. The Senate may elect to concur and pass the House version of S.B. 1 or they may call a conference committee where a select group of legislators would negotiate the final bill to go before both chambers for an up or down vote. 

 

ADDITIONAL RESOURCES ON RECENT TEXAS ELECTION LEGISLATION

###

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.