The Arc of the United States and The Arc of Texas condemn a federal appeals court ruling that puts barriers to mail-in voting and voter assistance back in place for millions of Texans with disabilities.

On August 12, 2026, the U.S. Court of Appeals for the Fifth Circuit dealt a major setback to voting rights for Texans with disabilities, reversing a lower court decision that had found several provisions of Texas Senate Bill 1 (S.B. 1) violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The ruling puts barriers to mail-in voting and voter assistance back in place for the November 2026 midterm elections, including burdensome identification requirements and restrictions affecting people who assist voters with disabilities. More than three million eligible Texas voters have a disability. For Texans with disabilities who rely on mail-in voting or voting assistance, this decision means greater obstacles to casting a ballot this November.

The Arc of the United States and The Arc of Texas have been involved in the legal challenge to S.B. 1 since the law was enacted in 2021. We brought the experiences of voters with disabilities and the people who assist them into court, documenting how voting restrictions can affect people’s ability to cast a ballot privately, independently, and with the assistance they need.

What Does the Fifth Circuit Ruling Mean for Voters With Disabilities?

The ruling means Texas voters with disabilities again face two major barriers challenged by The Arc and its legal partners: an identification-matching system for voting by mail and restrictions on people who provide voting assistance.

To vote by mail, a voter must provide an identification or Social Security number that matches the number in the state’s voter registration records. Voters with disabilities testified about rejected mail-ballot applications, difficulty completing the identification requirement, and inaccessible systems for correcting ballot problems.

S.B. 1 also requires people assisting voters to take an oath and imposes restrictions on the assistance they can provide. Members of The Arc of Texas testified that the threat of criminal consequences made some assistors reluctant to help, leaving voters with disabilities to choose between voting with less assistance than they needed or potentially not voting at all.

The lower court had blocked these provisions under the ADA and Section 504. The Fifth Circuit rejected most of the claims on standing grounds and one on the merits, rather than concluding that the barriers voters described never occurred.

Read the stories of Texas voters with disabilities who testified about the impact of S.B. 1.

“This decision is a huge setback for Texans with disabilities, making it harder for them to vote on issues that impact their daily lives,” said Shira Wakschlag, Senior Executive Officer of Legal Advocacy and General Counsel at The Arc of the United States. “Ample evidence was presented in the trial from The Arc’s members—voters with disabilities and their assistors—that S.B. 1 blocked their voices and stripped them of their fundamental right to participate in our democracy. Even when voters with disabilities managed to cast a ballot, they faced significant barriers that violate federal law. The Arc will continue to fight in every legal avenue to ensure that voters with disabilities have equal access to the ballot box, free from unnecessary hardship.”

“The Arc of Texas is disappointed by the Fifth Circuit ruling in our challenge to Texas voting restrictions that create barriers for voters with disabilities,” said Sabrina Gonzalez Saucedo, Director of Public Policy & Advocacy at The Arc of Texas. “This decision is a setback for Texans with disabilities and for ensuring they have equal access to the democratic process. We remain proud of the work done by our legal partners and advocates to challenge these barriers and stand alongside Texans with disabilities. We will continue to fight for a Texas where every voter can participate safely, independently, and without discrimination or unnecessary barriers.”

The Arc of the United States and The Arc of Texas worked on the S.B. 1 case alongside legal and civil rights partners including the Legal Defense Fund, Delta Sigma Theta Sorority, Inc., and ArentFox Schiff. The ACLU Voting Rights Project, which challenged the law in companion litigation, also condemned the Fifth Circuit ruling.

Read the full joint press release from the Legal Defense Fund.

How Has Texas S.B. 1 Affected Voters With Disabilities?

Since S.B. 1 took effect, Texans with disabilities have testified about rejected mail-ballot applications, inaccessible systems for correcting ballot problems, and difficulty getting the assistance they need to vote. For some voters, those barriers have meant trying to vote without needed assistance, attempting to vote in person instead, or risking being unable to vote at all.

In 2021, just after S.B. 1 was passed, the Legal Defense Fund, The Arc of the United States, Reed Smith, and, later, ArentFox Schiff filed a lawsuit on behalf of Delta Sigma Theta Sorority, Inc., the Houston Area Urban League, The Arc of Texas, and an individual election judge challenging multiple provisions of the law.

Our challenge focused on two sets of restrictions with direct consequences for voters with disabilities: identification requirements for voting by mail and restrictions on voting assistance. Other plaintiffs challenged additional provisions of S.B. 1, including restrictions affecting early voting, drive-thru voting, mail-ballot drop-off locations, distribution of mail-ballot applications, and poll watchers.

In March 2025, a federal district court found that provisions of S.B. 1 violated the ADA and Section 504 and blocked their enforcement. The August 12, 2026 Fifth Circuit ruling reversed that decision.

Learn more about The Arc of the United States’ involvement in the Texas S.B. 1 case and our work to protect voting rights for people with disabilities.

The right to vote includes the right to access the voting process without discrimination. The Arc will continue pursuing every available legal avenue to protect equal voting access for people with disabilities in Texas and across the country.

About The Arc of the United States

The Arc of the United States is the nation’s largest community-based organization advocating for and with people with intellectual and developmental disabilities and their families. With a network of chapters across the country, The Arc works to protect disability rights and advance full inclusion throughout community life.