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OCA-Greater Houston v. Texas
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OCA-Greater Houston v. Texas

2017 Fifth Circuit ruling striking a Texas limit on voter interpreters.

Decided on 16 August 2017, OCA-Greater Houston v. Texas is the leading appeals ruling on limits to WHO may HELP a voter, the question raised by South Carolina's five-voters-per-helper CAP, which survived a standing challenge on 30 September 2026.

Last refreshed: 1 October 2026

Timeline for OCA-Greater Houston v. Texas

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Background

Any challenge to a state CAP on voter assistance runs into this case. South Carolina's rules, including a CAP of five voters per helper, survived on 30 September 2026 when Judge Mary Geiger Lewis found the challengers lacked standing and dismissed without prejudice. That outcome left the merits untouched, which is the ground where OCA's reading of Section 208 would apply.

The Fifth Circuit decided the case at 867 F.3d 604, with Judge Patrick Higginbotham writing for a panel with Judges Graves and Higginson. In October 2014 Mallika Das, a citizen with limited English, tried to vote in Williamson County, Texas. An election officer refused to let her son interpret because Texas Election Code section 61.033 required interpreters to be registered voters of the same county. Das died while the suit was pending, and OCA-Greater Houston, the local branch of the Organization of Chinese Americans, carried it on as an organisation.

the Court held that section 61.033 'impermissibly narrows the right guaranteed by Section 208' of the Voting Rights Act, under which a voter needing assistance picks the helper. It vacated the district court's injunction as too broad and remanded. The case also stands as an example of an organisation keeping a voting suit alive after the individual voter could not.

Common Questions
What did the Fifth Circuit decide in OCA-Greater Houston v. Texas?
On 16 August 2017 the Court held that Texas's rule limiting voters' interpreters to registered voters of the same county impermissibly narrowed the right to assistance in Section 208 of the Voting Rights Act. It vacated the injunction as too broad.Source: OCA-Greater Houston v. Texas, 867 F.3d 604 (5th Cir. 2017)
What is Section 208 of the Voting Rights Act?
Section 208 lets a voter WHO needs HELP because of blindness, disability or inability to read choose a person to assist them, with limits on employers and union officers.Source: OCA-Greater Houston v. Texas, 867 F.3d 604 (5th Cir. 2017)
How did OCA-Greater Houston have standing to sue Texas?
After Mallika Das died, the Court accepted OCA-Greater Houston's standing as an organisation that had diverted resources to deal with the interpreter rule. South Carolina's NAACP did not establish standing in its 2026 challenge to an assistance CAP.Source: 867 F.3d 604 (5th Cir. 2017); D.S.C. ruling of 30 September 2026
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