HOUSTON – A federal class action lawsuit filed this month accuses Harris County and County Clerk Teneshia Hudspeth of violating the rights of voters with disabilities by failing to provide accessible mail-in voting options.
The suit, brought by the National Federation of the Blind of Texas (NFBTX) and four plaintiffs, alleges that Harris County’s vote-by-mail system discriminates against voters with print disabilities, including blindness, low vision, and manual dexterity impairments, by only offering paper ballots that cannot be independently accessed or marked by these voters.
Plaintiffs say that while Harris County offers accessible in-person voting machines and curbside voting, the mail-in ballots remain inaccessible, forcing voters with disabilities to rely on others to read and mark their ballots, stripping them of their right to vote privately and independently under federal and Texas law.
Michael McCulloch, a legally blind Houston resident and one of the plaintiffs, described the challenges he faces voting by mail.
“If a person that has sight can do it privately, then why can’t I, as a blind person, be able to do the same thing that the rest of the sighted world can do?” said McCulloch.
McCulloch, a former NASA Johnson Space Center engineer who lost his vision due to glaucoma, said he uses assistive technology like screen readers on his Mac and iPhone to independently read and complete electronic documents.
“I know there’s electronic means to vote. I mean, we live in an electronic age,” he said.
Yet Harris County has not implemented accessible electronic vote-by-mail ballots for voters with disabilities.
Currently, Harris County provides electronic ballots only to military and overseas voters through a Remote Accessible Vote-by-Mail (RAVBM) system.
The county even publicized astronauts Butch Wilmore and Suni Williams voting electronically from the International Space Station during the 2024 general election.
“If astronauts can vote from space, surely people with vision and other print disabilities can vote down here on Earth,” said Sashi Nisankarao, supervising attorney at Disability Rights Texas, which filed the lawsuit on behalf of voters with print disabilities.
The lawsuit highlights that Harris County’s refusal to extend this electronic voting system to voters with disabilities continues a history of voting accessibility issues.
Disability Rights Texas had been in communication with Harris County for over a year seeking voluntary implementation of an accessible vote-by-mail program.
Despite multiple meetings, emails, and demonstrations of existing systems used in other Texas counties like Bexar County, Harris County declined to provide accessible electronic ballots to voters with disabilities.
Bexar County was the subject of a similar lawsuit filed by Disability Rights Texas in 2022 and was ordered by a federal judge to provide accessible electronic vote-by-mail ballots to blind voters.
That ruling is seen as a precedent for Harris County and other Texas counties.
The plaintiffs in the Harris County case include Cedric Bryant, who is paralyzed from the chest down and cannot use his hands; Ted Galanos, who is blind and has limited manual dexterity due to finger amputations; Louis Maher, who is blind; and Michael McCulloch.
All are registered Harris County voters eligible to vote by mail but unable to do so privately and independently with the current paper ballot system.
The lawsuit contends that paper ballots are inaccessible to voters with print disabilities, who must rely on third-party assistance to read and mark their ballots.
This reliance compromises their privacy and independence, rights protected under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
Texas Election Code also guarantees the right to vote in secret and mandates that no provision of the election code may limit the right of qualified individuals with disabilities to request reasonable accommodations.
McCulloch described the practical difficulties of voting in person, which remains his only private voting option.
“To go two miles to where I need to go vote takes me about 45 minutes to an hour,” he said, explaining his reliance on public transportation and the challenges arranging rides. “If I could vote by mail, I’d probably never go to another voting center again.”
The lawsuit seeks a permanent injunction requiring Harris County to offer accessible electronic vote-by-mail ballots to voters with print disabilities, along with declaratory relief and attorneys’ fees.
Disability Rights Texas estimates more than 100,000 eligible voters in Harris County have print disabilities that prevent them from independently completing paper ballots.
The case underscores a broader national issue.
While some states allow electronic delivery and return of ballots for voters with disabilities, Texas is among those that provide electronic ballot marking but require paper mail return, which remains inaccessible for many.
In addition to the legal arguments, the lawsuit highlights the irony that astronauts stranded in space were able to vote electronically, while disabled voters on Earth cannot.
Early voting for the primaries is underway, but the lawsuit is expected to take years to resolve.
Meanwhile, voters like McCulloch continue to face barriers to exercising their fundamental right to vote privately and independently.
KPRC 2 requested comment from the Harris County Attorney and County Clerk Teneshia Hudspeth. We did not receive a response. Hudspeth declined to speak at a recent press event.