A federal judge in Texas ruled Tuesday that Texas violated the National Voter Registration Act when it failed to register voters when they changed their driver’s license information online.
U.S. District Judge Orlando Garcia in San Antonio sided with the Texas Civil Rights Project, which argued Texas’s practices violated the 1993 federal law, also known as the Motor Voter Act, and the Equal Protection Clause.
The order was made public Tuesday, and Garcia said a written opinion is forthcoming.
“For too long, the state of Texas has ignored federal voting rights laws intended to ensure that all eligible voters have an opportunity to register to vote,” Beth Stevens of the Texas Civil Rights Project said. “Even worse, because of these failures, countless Texans have been prevented from casting a ballot that counts, thereby unlawfully shutting people out of our democratic process.”
The Texas Civil Rights Project filed its lawsuit in 2016 on behalf of four Texans who updated their driver’s license information online and thought their voter registration records were also updated. When the four plaintiffs went to vote in their respective counties, they were told their names were not on the rolls.
The group argued the plaintiffs and thousands of other Texas voters had been disenfranchised and “shut out of the democratic process.” They also claimed the Texas Department of Public Safety treats voters who update their information online differently than those who do so in person.
The Texas Civil Rights Project estimated the state refused to register more than 1.5 million Texans who update their driver’s license information online annually.
According to the lawsuit, Texans renewing their driver’s license or updating their address online are prompted to check “yes” or “no” when asked if they want to register to vote. Those who check “yes” are directed to another webpage. There, they are required to print out and complete a voter registration form and mail it to their county registrar.
For those who renew or update their driver’s licenses in person, though, their information is electronically transferred to the secretary of state, the lawsuit stated.
The National Voter Registration Act requires states to give residents the opportunity to register to vote when they apply for or renew a driver’s license. The law also requires the state to send a completed application to the specified state or local election official.
It’s unclear when Texas election officials will have to change its policies related to the online driver’s license services to comply with the National Voter Registration Act.
