WASHINGTON, D.C. — Today, a judge for the U.S. District Court for the Western District of Texas denied a motion to dismiss Vote.org v. Callanen. The case, filed earlier this summer, challenges Texas’ “wet signature” law that requires individuals who submit their registration applications electronically or through fax to also provide a copy of their application with their signature — meaning signed with pen on paper. The complaint argues that this law unduly burdens the right to vote and targets voting advocacy groups such as Vote.org in violation of the First and 14th Amendments and the Civil Rights Act of 1964 and asks the court to prohibit its enforcement. The court already rejected one attempt to dismiss the case earlier this fall.
The court also rejected a motion to dismiss the case filed by Texas Attorney General Ken Paxton (R) that was joined by two county elections administrators. The motion claimed that Vote.org did not have standing to bring this case and that its complaint was insufficient. The court held that Vote.org had sufficiently shown that the wet signature law would cause harm to the organization’s efforts to register voters and the court may be able to provide the requested relief. The court also rejected the defendants’ arguments that there was no private right of action to sue and the plaintiffs’ claim fails because they did not allege any racial discrimination, finding that neither argument was supported by precedent. The case will move forward and all claims will be litigated to determine if the wet signature law is constitutional and in line with federal law.