The First Court of Appeals has rejected a challenge to Senate Bill 1, a uniform election law passed in the wake of the COVID-19 pandemic.
The challenge was brought by the Texas State Conference of The NAACP and Common Cause Texas, along with several individuals.
During the 2020 election cycle, the COVID-19 pandemic hit, leading Gov. Greg Abbott to issue a proclamation declaring a disaster in all 254 Texas counties.
State and local officials implemented measures to administer the 2020 general election. Abbott extended the early-voting period and allowed counties to accept hand-delivery of mail-in ballots before election day. The secretary of state also issued election advisories to provide administrative guidance to local officials and assist with safely conducting elections.
Local officials in two Texas counties, which includes Harris County, introduced initiatives that included drive-through and overnight voting, returning mail-in ballots to drop boxes, and sending mail-in-ballot applications directly to all voters over age 65, states the First Court’s May 19 opinion.
In the wake of the 2020 election, the Texas Legislature enacted the Election Integrity Protection Act of 2021 (S.B. 1), which amends the Texas Election Code to install provisions ensuring uniformity and consistency in the conduct of elections throughout the state going forward.
Those who challenged the law sought a judgment declaring the amendments unconstitutional and enjoining their enforcement, according to the opinion.
The state officials who were sued moved to dismiss their claims under Rule 91a, maintaining that they lacked standing and failed to establish a waiver of immunity.
The trial court denied the motion and the appeal followed.
Justices held that the challengers failed to establish that they have standing to pursue their claims for declaratory and injunctive relief against the Secretary of State.
“We therefore reverse the trial court’s order for lack of subject matter jurisdiction and render judgment dismissing appellees’ claims against the Secretary of State,” the opinion states. “Having noted above that appellees no longer maintain their claims against the Deputy Secretary of State and they concede on appeal that their claims against the Attorney General should be dismissed, we dismiss appellees’ claims against the Deputy Secretary of State and the Attorney General.”
