A new federal lawsuit has been filed against what amounts to GOP-backed voter suppression in Texas, where state authorities recently enacted a law that majorly impedes online voter registration efforts. As explained by the voting rights organization Democracy Docket, the new law “requires individuals who submit their registration applications electronically or through fax to also provide a copy of their application with his or her original signature — meaning signed with pen on paper.” This requirement for prospective voters to submit an additional copy of a registration application when registering online adds a punitive procedural burden to the process, making electoral participation more difficult.
🚨BREAKING: @votedotorg sues Texas counties challenging the state’s recently enacted “wet signature” law #HB3107 that makes voter registration more difficult. Proud of my team's continued efforts to protect voting rights.https://t.co/eaiYE2iL59
— Marc E. Elias (@marceelias) July 8, 2021
The new lawsuit, which was filed on behalf of Vote.org — which provides online voter registration assistance to Americans across the country — alleges that the Texas law violates the both the Civil Rights Act of 1964 and the First and Fourteenth Amendments of the U.S. Constitution. Those behind the case are seeking to get the law blocked.
In this case, plaintiffs observe that the Civil Rights Act bans authorities from blocking any individuals from voting on account of an “error or omission on any record or paper” related to registration and the like, so long as that “error or omission” does not affect the outcome of the foundational question of whether a given individual is eligible to vote. As the new lawsuit also notes, the signatures on physical copies of voter registration applications that are now required for online applicants do not relate to determining whether prospective voters are qualified to participate in the electoral process. Thus, authorities in Texas should not be allowed to use the absence of those signatures to stop people from voting, the lawsuit argues.
Meanwhile, the First and Fourteenth Amendments prohibit states from imposing election guidelines that “unduly burden the right to vote,” the new lawsuit observes. When examining questions related to that prohibition, courts examine any “justifications offered by the state,” the case adds — but in this instance, the “additional procedural hurdles” that have been put in place “cannot be justified by any legitimate state interest,” plaintiffs insist. Texas formally recognizes electronic signatures as legally binding, and election officials handling registration applications “typically do not… analyze or compare signatures on voter registration applications,” the case says. Thus, the requirement for a physical copy of voter registration applications from online applicants connects to no actual, real-world need.
