Yesterday, the 5th Circuit Court of Appeals unanimously ruled 3-0 that TX SB 1, which requires voter ID numbers on absentee ballot applications and mail ballot envelopes, does not violate the materiality provision of the Civil Rights Act of 1964. This decision overturned a lower court's 2023 ruling.
SB 1 Title: Relating to election integrity and security, including by preventing fraud in the conduct of elections in this state; increasing criminal penalties; creating criminal offenses; providing civil penalties - Aka: Election Integrity Protection Act of 2021, was a Republican bill to prevent voter fraud and enhance Election Integrity and Election Security. It passed 18 - 11 in the TX Senate, and 80 - 41 in the TX House, and was signed into law Sept 7, 2021.
The law combats mail-in ballot fraud in Texas by requiring voters who wish to vote by mail to provide an ID number, such as a Driver’s License, Social Security, or other personal ID number, on their mail-in ballot applications and ballots.
The 5th Circuit argued: Texas’s system for rooting out potential fraud is obviously designed to confirm that every mail-in voter is indeed who he claims he is. The ID requirement serves a legitimate state interest in preventing voter fraud. It is not an arbitrary barrier, as the voter ID number is material to verifying voter eligibility, thus complying with federal law. Texas can require people applying to vote by mail to provide identification numbers that must match the state’s data.
The ID number requirement “meaningfully corresponds” to the State’s legitimate interest in preventing the scourge of mail-in ballot fraud.
The number match system is material in determining if a person is eligible to vote, Judge Ho wrote, the panel had “no difficulty” in finding that it complies with the Civil Rights Act. Crediting district court findings: Mail-in ballots are not secure - Mail-in ballot fraud is a significant threat, and mail-in ballots are particularly susceptible to fraud.
During oral arguments in February, the judges asked no questions of the attorney defending the law from the Texas AG office, signaling their support for the ID match system.
Senior Judge Patrick Higginbotham and Judge Don Willett joined Ho.
This ruling aligns with Texas's efforts to strengthen election integrity. Thank you, 5th Circuit, the RNC, and other allies who fought to protect this law and uphold the state’s interest in election fraud prevention!
This is also an important ruling for other states and voting jurisdictions. They should be asking: Why are votes being counted from individuals whose information verifying their eligibility to vote is missing, questionable, or invalid?
“This ruling is a clear victory for secure elections and for all Texas voters,” said RNC Chairman Whatley. “Texas’s commonsense safeguards for mail-in ballots are essential to protecting the integrity of every single ballot cast. As long as Democrats and the left are fighting to overthrow the will of the American people who support these safeguards, the RNC will be there to meet them in court."
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