This much is clear after two days of early voting in Texas: Legal wrangling over the state’s voter identification law is stirring confusion at the polls. Amid Texans’ mad dash to polling places this week, the front end of 12 days of voting before Election Day, civil rights groups and some voters are questioning how some county election officials are portraying the state’s voter identification requirements, which a federal judge softened in August. Among the complaints in pockets of Texas: years-old posters inaccurately describing the rules — more than a dozen instances in Bexar County — and poll workers who were reluctant to tell voters that some could cast ballots without photo identification. Though it’s not clear that anyone walked away from the polls because of misinformation or partial information, civil rights advocates called the sporadic reports troubling.
“Not everybody is an aggressive voter. Some people are shy and laid back, and if you’re told you have to have an ID, it might cause them to get out of line and go home,” said Jose Garza, a lawyer working for groups challenging the state’s strict 2011 voter ID law.
In July, a federal appeals court ruled that the law discriminated against minority groups, who were less likely to possess one of seven forms of acceptable photo identification.
In August, a federal district judge drew up a temporary fix for the election, which splits Texans into two groups. Those who possess qualifying photo ID must bring it to the polls. Those who cannot “reasonably obtain” one must present a document showing their name and address, such as a utility bill, bank statement, paycheck or voter registration card. They must also sign a statement noting the “reasonable impediment” that prevented them from getting a photo ID.