Fried Frank, MALDEF Achieve Significant Victory in Texas Voter Suppression Case

In a landmark ruling on September 28, 2024, the US District Court for the Western District of Texas declared a key provision of Texas's Election Protection and Integrity Act of 2021 (Senate Bill 1, or SB1) unconstitutional. The court's decision specifically targets Section 7.04 of SB1, the Canvassing Restriction, granting a permanent injunction that halts the enforcement of this provision. This critical ruling prevents Texas from imposing criminal penalties on individuals and organizations providing constitutionally-protected, bi-partisan voter outreach efforts. Fried Frank, alongside co-counsel the Mexican American Legal Defense and Educational Fund (MALDEF), secured this decisive trial victory on behalf of its clients, marking a significant triumph in the fight against voter suppression in Texas.

The decision came after a comprehensive six-week federal trial, which included testimony from nearly 100 witnesses and evaluation of over 1,000 trial exhibits. US District Court Judge Xavier Rodriguez concluded that the restriction on compensated canvassers violates the First and Fourteenth Amendments by being vague and overly broad, thus chilling free speech. Under that section, organizers employed by voter outreach organizations, and even volunteers who received meals or reimbursement for gas, faced felony charges for talking to voters in the presence of a mail ballot and encouraging voters to support ballot measures and candidates.

Over the past year, Fried Frank, in partnership with MALDEF, has been representing various parties in this case including La Union Del Pueblo Entero and other organizations advocating for the rights of Latino and Black Texans, as well as churches and other faith-based groups. This victory marks a significant milestone in their ongoing efforts to challenge unjust elements of Texas's election law, with other aspects of SB1 still under judicial review.

"We are pleased with the court's decision and glad to see our clients get the relief they sought. The court's decision is well-reasoned, thorough and timely, and revitalizes legitimate, bi-partisan efforts to help Americans exercise their right to vote in an informed manner," said Fried Frank partner Michael C. Keats. "Fried Frank is proud to serve as counsel to our clients alongside MALDEF, with whom the firm has had a long and prosperous relationship, and looks forward to continuing to fight for basic civil rights alongside MALDEF for many years to come."

In addition to Keats, the Fried Frank pro bono litigation team challenging the Texas election law includes partner Rebecca L. Martin and associate Jason Kanterman, who served as co-lead trial counsel with MALDEF, as well as associates Nick Adkins, Samantha Kobor, Lydia Saltzbart and Antonio DelGrande and law clerks Eamon O'Neill and Jason D'Andrea.

Read the order here.

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