Date Filed: August 11, 2021
Original Court: U.S. District Court for the Western District of Texas
Appeals: U.S. Court of Appeals for the Fifth Circuit
Case Status: Victory

CAF represented Lupe Torres, the Medina County Elections Administrator, and Terrie Pendley, Real County Tax Assessor-Collector, to defend a lawsuit seeking to invalidate portions of Texas Senate Bill 1111 (S.B. 1111). S.B. 1111 is an election integrity measure that closes loopholes in the definition of a voter’s “residence.” The law ensures that voters are registered to vote in the place they actually live, not at a former home or a P.O. Box. The plaintiffs, Texas State LULAC and Voto Latino, challenged these provisions as unconstitutional.

CAF’s intervention on behalf of Torres and Pendley aimed to uphold the law as a commonsense measure to ensure election integrity. “S.B. 1111 is an important addition to the Election Code that ensures that voters are registered in the correct precinct,” said Chad Ennis, senior fellow for TPPF’s Election Protection Project. “Texans are tired of the continual attacks on election integrity.”

The district court initially held that the plaintiffs had standing to sue and that three provisions in S.B. 1111 were unconstitutional. The Fifth Circuit reversed, holding that S.B. 1111 did not directly harm the plaintiff organizations. That meant the plaintiffs lacked standing. The plaintiffs appealed to the Supreme Court, but the Supreme Court declined to hear the case. This result left S.B. 1111’s election protection measures intact.

Case Documents:

Complaint

Motion to Intervene

Defendant-Intervenors’ Motion for Summary Judgment

Plaintiffs’ Motion for Summary Judgment

Response in Opposition to Plaintiffs’ Motion for Summary Judgment

Defendant-Intervenors’ Reply in Support of Motion for Summary Judgment

Opinion and Order Granting Partial Summary Judgment

Torres & Pendley’s Appellate Brief

LULAC’s Appellate Brief

Torres & Pendley’s Reply Brief

Fifth Circuit Opinion