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Fifth Circuit Panel Reinstates Texas Mail-In Ballot ID Requirement

Judge James Ho’s opinion deems number-matching material to voter eligibility, clearing the way for Texas to begin rejecting mail-in ballots missing valid ID numbers.

A 95-year-old World War II veteran stated that he had two of his mail-in ballots denied because of incomplete voter registration. However, he is unable to register online in his home state of Texas, and as a result, may miss out on voting in the upcoming election for the first time in his life.
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Overview

  • A three-judge Fifth Circuit panel unanimously reversed a 2023 injunction, ruling that Texas’s 2021 Election Integrity Protection Act requiring a driver’s license, state ID or the last four digits of a Social Security number on mail ballots complies with the Civil Rights Act’s materiality provision.
  • Judge James Ho wrote that “mail-in ballots are not secure” and held that number-matching is plainly material to verifying voter identity under state law.
  • Under the ruling, Texas election officials may begin rejecting mail-in ballots that lack valid ID numbers or contain mismatches, and state authorities plan to enforce the law immediately.
  • President Donald Trump hailed the outcome on Truth Social and called for nationwide adoption of similar ID checks, while the Justice Department is evaluating whether to appeal.
  • Opponents—including the Biden administration and civil rights groups—argued the mandate risked disenfranchising voters over minor errors but saw their challenge dismissed by the appeals court.