Texas: Voter ID Law May Cause Problems for Women Using Maiden Names | KiiiTV3

The state’s new voter ID law is meant to prevent voter fraud, but it may be causing some delays at your neighborhood polling place, especially if the name on your driver’s license differs from the name on your voter registration card, even a little bit. Nueces County election officials say it is often a problem for women who use maiden names or hyphenated names. The problem came to light Monday, when a local district judge had trouble casting a ballot. “What I have used for voter registration and for identification for the last 52 years was not sufficient yesterday when I went to vote,” 117th District Court Judge Sandra Watts said. Watts has voted in every election for the last 49 years. The name on her driver’s license has remained the same for 52 years, and the address on her voter registration card or driver’s license hasn’t changed in more than two decades. So imagine her surprise when she was told by voting officials that she would have to sign a “voters affidavit” affirming she was who she said she was. “Someone looked at that and said, ‘Well, they’re not the same,'” Watts said.

Texas: New Voter ID Laws May Roll Back Women’s Voting Rights | PolicyMic

Texas, beneath the radar of higher-profile national races, will hold elections this fall to address a number of proposed constitutional amendments. Though none of the nine proposed amendments are exactly headline-grabbing (one officially eliminates a state agency that shut down more than 25 years ago, for example) the election will be the first in which the state’s infamous new voter ID laws will be in effect. The anticipated impact of these new laws on suppressing minority votes has been well documented, but the effect of new laws on women has received markedly less attention. The new Texas law requires all voters to provide a photo ID that reflects their current name. If they cannot, voters must provide any of a series of other acceptable forms of identification all of which must match exactly and match the name on their birth certificate. Supporters of these new laws insist that requiring voters to have an ID that matches their birth certificate is a reasonable requirement. As Texas Attorney General Greg Abbott has repeatedly said, “Almost every single person either has a valid photo ID … or it is very easy to get one.” What they don’t say, however, is that the people who don’t are largely married women who have taken their husband’s name. In fact, only 66% of women have an ID that reflects their current name. If any voter is using name different than what appears on their birth certificate, the voter is required to show proof of name change by providing an original or certified copy of their marriage license, divorce decree, or court ordered name change. Photocopies aren’t accepted

Texas: Civil rights attorney on voter ID law: ‘Everybody knows somebody | KLTV

A national civil rights attorney made stops in East Texas Monday, visiting with communities about Texas’ new voter ID law. Sonia Gill is an attorney representing the Lawyers Committee for Civil Rights Under Law, a group that has filed a lawsuit to repeal the recently implemented law. She said her priority during her stops in Longview and Mt. Pleasant today was to make sure voters know what to expect in upcoming elections. “When I go out and speak to some of the churches, everybody knows somebody who’s going to have a problem getting documents required to vote,” Gill said. Texas recently re-implemented the law, after the Supreme Court narrowly overturned part of the Voting Rights Act. Those provisions required Texas to clear any new voting laws with the federal government.

Texas: Dallas County to spend up to $275,000 fighting Texas voter ID law | Dallas Morning News

Dallas County commissioners voted 4-1 along party lines Tuesday to spend up to $275,000 fighting the state’s controversial voter ID law. But how equitable that contribution is compared with the amounts other plaintiffs chip in may never be known. The county is one of 15 parties, including the U.S. attorney general’s office, suing Texas over its photo identification requirement. That means Dallas County residents’ local, state and federal taxes are being used on both sides of the legal battle. Tuesday’s legal contract with Brazil & Dunn was the first time the public caught a glimpse of the potential cost of the lawsuit since commissioners narrowly agreed to join it last month. Commissioner Mike Cantrell, the court’s lone Republican, cast the only vote against the legal contract. Democratic Commissioner Elba Garcia voted against the lawsuit in August because potential costs weren’t yet disclosed. But Garcia joined her fellow Democrats on Tuesday and voted to support spending the money. The county will pay up to $275,000 to cover legal expenses that Brazil & Dunn incurs in the suit. It will not have to pay for any legal fees, such as the hours attorneys spend working on the case. If the county and its co-plaintiffs win the lawsuit and their attorneys are awarded legal fees and expenses, the county can recoup its $275,000.

Texas: Holder says Texas is just the beginning of battle for voting rights | MSNBC

Attorney General Eric Holder announced Friday that the Justice Department will continue its efforts to protect voting rights in the wake of the Supreme Court’s decision which gutted the Voting Rights Act earlier this summer. During remarks to the Congressional Black Caucus, Holder explained that the lawsuits filed to stop Texas’s discriminatory redistricting and voter ID laws are “just the beginning.” “Thanks to the hard work of our Civil Rights Division, we are continuing to refine and re-focus current enforcement efforts across the country,” he said. “And while the suits we’ve filed in Texas mark the first voting rights enforcement actions the Justice Department has taken since the Supreme Court ruling, they will not be the last.”

Texas: Hispanic group, NAACP join Texas Voter ID lawsuit | Associated Press

The Mexican American Legislative Caucus and the Texas NAACP filed a lawsuit Tuesday to overturn the state’s Voter ID law, joining the Justice Department in fighting the law. The two groups filed their petition with a federal court in Corpus Christi, the same court where other civil rights groups and U.S. Attorney General Eric Holder are fighting the requirement that voters must show a government-issued photo ID card to cast a ballot. All of the law’s opponents are arguing the Republican-controlled Legislature created an illegal barrier to voting for poor minorities and people who live in rural areas. Minorities make up the majority of voters who do not have one of the six forms of ID required. Only the Election Identification Certificate is available for free from the Department of Public Safety.

Texas: Lawsuits pile up over Texas voter ID law | Facing South

This week the NAACP Texas State Conference and the Mexican American Legislative Caucus of Texas state lawmakers filed a legal challenge to the state’s photo voter ID law. NAACP and MALC join the U.S. Department of Justice, the Texas League of Young Voters Education Fund, the NAACP Legal and Educational Defense Fund, and U.S. Rep. Marc Veasey, a Democrat representing the Fort Worth area, who’ve collectively filed three other suits challenging the Texas law. As with the other challenges, NAACP and MALC claim the law violates Section Two of the Voting Rights Act, which forbids denying voting rights to people of color. All of the challenges want Texas “bailed in” under the VRA’s Section Three preclearance provision, which requires states or counties found to have engaged in intentional discrimination to get federal permission for new election laws before they take effect. The NAACP/MALC suit differs from most of the other cases in that it also argues that the photo voter ID law violates the U.S. Constitution’s 14th Amendment equal protection clause banning racial discrimination. In addition, it claims the Texas law violates the 15th Amendment, which prohibits governments from denying a citizen the right to vote based on race.

Texas: Rights groups seeking millions in legal fees over redistricting battle | San Antonio Express-News

Attorney General Greg Abbott’s defense of a now-defunct 2011 redistricting plan could leave the state on the hook for a roughly $6 million legal tab to pay civil rights groups that sued to block the maps. That’s the ballpark total for reimbursement requests from plaintiffs waging a years-long legal war with Abbott over redistricting maps passed by the Republican-led Legislature in 2011. Federal judges have deemed those maps discriminatory to minority voters, and they were never used. A three-judge panel in San Antonio drew interim maps for the 2012 election for the Texas House and Senate and the U.S. Congress. Led by Abbott and Gov. Rick Perry, state Republicans decided months ago to abandon the 2011 maps and replace them permanently with the political boundaries drawn by the judges. The Legislature approved the plans during a special session this summer.

Texas: Legislative Redistricting Proceeds Under a Cloud: 2014 primaries will use 2013 maps | Austin Chronicle

In what looks increasingly like a split legal decision, a federal court in San Antonio has ruled that the 2014 party primaries will use the maps adopted by the Texas legislature during the 2013 session. However, the court’s ruling also ensures that the lawsuits against those same maps will continue. In a Sept. 6 ruling, U.S. District Circuit Judges Jerry Smith, Orlando Garcia, and Xavier Rodriguez cited prior case precedent that they must defer to the Legislature on maps until there has been a ruling of racially motivated gerrymandering. Simultaneously, however, the judges allowed the plaintiffs – who originally filed suit against the 2011 redistricting – to modify their suits to include the 2013 maps. They also denied a request from the state to dismiss any claims relating to the 2011 maps as moot, noting that “the 2013 plans are heavily derived from the 2011 plans.”

Texas: Voting Rights Dispute Enters Another Round | The Texas Tribune

Texas and the Obama administration are at odds over the Voting Rights Act, but all that’s really changed is the venue. In 2011, the Legislature drew new political maps, adjusting congressional and legislative districts to accommodate growth in the population and — since it was a Republican Legislature at the time — to try to ensure a Republican majority for the next decade. Democrats would have done the same thing, if they’d had a majority. We know that because that’s what happened in 1991. Lawmakers adopted a tough law in 2011 requiring Texans to produce state-approved photo IDs before their votes can be counted. Both the maps and the voter ID law got stuck in the federal courts. The U.S. Supreme Court unstuck things earlier this summer with a ruling that effectively removed federal oversight over Texas election laws.

Texas: Court Ruling Allows Texas To Use Current Election Maps; Civil Rights Groups Claim Victory | Fox News

A judicial ruling means Texas’ primary elections will not be delayed since the state will be able to use existing voting maps, not the controversial 2011 maps drawn by the legislature, deemed as illegal by civil rights groups. But advocates may not be able to claim victory for long, since the ruling is temporary as judges sort out a complex and possibly precedent-setting lawsuit. The three-judge panel in San Antonio gave both sides in the lawsuit over Texas’ voting maps reason to claim victory. The court will not draw its own map for the 2014 elections, as civil rights groups wanted, but it also did not throw out the lawsuit completely, as Texas Attorney General Greg Abbott requested. But the ruling is viewed largely as a win for state Sen. Wendy Davis, D-Fort Worth, because the redistricting case at one time threatened to dismantle her senate district.

Texas: Court: Texas can use existing election maps in 2014 | Associated Press

A federal court said Friday it will not delay Texas’ primary elections and ordered the state to use political maps drawn by the Legislature _ but only temporarily, while the judges sort out a complex and possibly precedent-setting lawsuit. The three-judge panel in San Antonio gave both sides in the lawsuit over Texas’ voting maps reason to claim victory. The court will not draw its own map for the 2014 elections, as civil rights groups wanted, but it also did not throw out the lawsuit completely, as Texas Attorney General Greg Abbott requested. The court order, signed by all three judges, also allows the civil rights and minority groups to argue that all changes to Texas election law should be reviewed by federal authorities before they can be implemented. The Justice Department has sought to intervene in the case after a recent Supreme Court decision requiring Congress to make changes to the Voting Rights Act. The fundamental issue of the lawsuit, filed in 2011, is whether the Legislature illegally drew political maps that intentionally diminish the voting power of minorities in Texas. Abbott’s office has argued in court papers that Republicans who control the Legislature drew maps to boost the chances of their party _ which is legal _ and that if minorities who vote predominantly Democratic are hurt as a result, that does not constitute a civil rights violation. That argument could eventually put this case before the U.S. Supreme Court.

Texas: Few voter-fraud cases would have been prevented by photo ID law, review shows | Dallas Morning News

Attorney General Greg Abbott champions a requirement for voters to show photo identification to prevent ballot fraud. But such a rule would have deterred just a few of the cases his office has prosecuted in the last eight years. Abbott, who’s making his defense of the state’s voter ID law a centerpiece of his campaign for governor, has pursued 66 people on charges of voting irregularities since 2004. Only four cases involved someone illegally casting a ballot at a polling place where a picture ID would have prevented it. In most cases, voter-fraud violations in Texas have involved mail-in ballots. A few involved felons who aren’t allowed to vote. Some involved an election official engaged in illegal behavior. But none of those would have been stopped by the photo ID requirement. Nevertheless, Abbott defends voter ID and says the fact that he hasn’t found many cases of in-person voter fraud doesn’t mean there aren’t any.

Texas: An Elected Judge Speaks Out Against Judicial Elections | Andrew Cohen/The Atlantic

In early June the American Constitution Society for Law and Policy, the longtime progressive advocacy group, released the results of a landmark studyon “the effect of campaign contributions on judicial behavior.” The statistics confirmed what former Supreme Court Justice Sandra Day O’Connor and countless other observers of our legal systems have long contended: Judicial elections impair the fair administration of justice by fostering impermissible appearances of impartiality by judicial candidates and judges. In seeking votes, in acting like politicians, judges invariably lose what they ought to prize most: their perceived credibility as neutral arbiters of cases and controversies. When I read the study, the first person I thought of was Texas Supreme Court Justice Don Willett, a popular and successfully reelected jurist whose campaign-style website I wrote about last year for The Atlantic. Justice Willett, it seems to me, is the poster-child for the results of the ACS study. Indeed, he should have been on its cover. So I reached out to him, asked him to read the ACS study, and to then answer for me a few questions about his perceptions about judicial elections and the role campaign contributions play in them. About a month ago, he graciously complied in a way that was both candid and frightening.

Texas: Voter ID law a headache for officials | San Antonio Express-News

Chances are the name on your voter registration card doesn’t match that on your driver’s license, and that could create some headaches come Election Day. A preliminary comparison of the 13.8 million names on the state’s voter registration rolls against Texas Department of Public Safety records resulted in a match of only 7 million of those names. The variation between the two documents could be as simple as the addition or dropping of a middle name or initial, but according to the state voter ID law that comes into play for the Nov. 5 election, the name on the voter card has to match exactly with that on the ID card. If a voting official deems the names “substantially similar” a voter is off the hook, sort of. He or she will still be required to sign an affidavit stating he/she is the person named in the two documents. However, if the voting official cannot readily make a connection between names, the voter will have to cast a provisional ballot, which takes longer to fill out and process. The state had recommended local election administrators send out letters to voters advising them their voter cards and IDs need to match, but the postage cost has made that prohibitive. With about 890,000 registered voters in Bexar County, that mailout would have cost more than $400,000.

Texas: The True Cost of Free Voter I.D. in Texas | Texas Election Law Blog

Per Section 521A.001 of the Texas Transportation Code, the Department of Public Safety will provide voter I.D. cards without charge upon application. However, these voter I.D. cards (which cannot be used to satisfy other statutory demands for identification) may only be issued at select DPS offices, and only to individuals who present sufficient legal documentation of their citizenship and identity. Herein lies the rub. As “free” I.D. is presumably intended to accommodate the indigent, we may assume that the greater demand for these I.D. cards would be from those potential voters who don’t have much in the way of resources. So how much would it cost to get a free Texas voter I.D.? For the sake of argument, assume that the potential voter is an indigent patient of the Rusk State Hospital in Rusk, Texas. Such a voter is not representative of the Texas population, but shares some qualities with a group of Texas citizens who are particularly unlikely to participate in elections (namely, the institutionalized, the disabled, the indigent, and the elderly).

Texas: New law may restrict student voting | The Collegian

Students without a state-issued ID may find it difficult to vote this year since school-issued student IDs will not be accepted. After the Supreme Court struck down the provision of the Voting Rights Act requiring some states to get federal preclearance before changing voting laws, the Texas attorney general immediately enforced controversial redistricting maps and strict voter ID laws approved by the legislature. These are the same laws that a panel of federal judges claimed last year would “impose strict and unforgiving burdens on the poor” and are some of the “most stringent in the country.” In 2008, the 18-to-29-year-old demographic made up 16 percent of Texas voters in the presidential election, roughly 1.3 million. A majority of them voted Democratic. Opponents of the legislation claim this is a tactic used by the Republican Party, along with the controversial redistricting maps, to cut into the Democratic vote. Being the gun-loving state that it is, Texas will accept a concealed handgun license at the polls. Other forms of ID that will be accepted are a state-issued driver’s license or ID card issued by the Department of Public Safety, a military ID containing the person’s photograph, a U.S. citizenship certificate, a U.S. passport or Texas elections ID.

Texas: State Set To Enforce New Voter ID Law Next Week | CBS Houston

Unless a federal judge intervenes, the South Texas city of Edinburg could be the first to enforce a new voter ID law next week, and lawyers will likely use the special election to gather evidence to strengthen lawsuits to block it in the future. While the U.S. Justice Department and several civil rights groups have filed federal lawsuits to block the requirement that voters produce a state-issued photo ID, no one as of Friday had asked for a restraining order to stop enforcement of the law. That means it will be in effect when early voting in the city’s special election begins Wednesday. Allowing Texas to enforce the law could be part of a larger legal strategy to defeat it in the long run. Texas has been the center of the fight over voting laws after the U.S. Supreme Court ruled in June that Congress must update how it enforces the Voting Rights Act of 1965. Texas is the only state in the last three years where a federal judge has ruled the Legislature intentionally discriminated against minorities.

Texas: DOJ to Texas: Voter Suppression Will Not Stand | The Nation

In one week last August, federal courts found that Texas’ voter ID law and redistricting maps were discriminatory and violated the Voting Rights Act. The Supreme Court’s recent decision invalidating Section 4 of the VRA, which previously covered Texas, tragically wiped away those rulings. Now the Department of Justice is once again stepping in to fight for voting rights in the Lone Star State. The DOJ announced today that it is objecting to Texas’ voter ID law under Section 2 of the VRA and will also seek to join a similar lawsuit against the state’s redistricting maps. Last month, DOJ asked a court in Texas to force the state to approve its voting changes with the federal government for a period of time under another provision of the VRA, Section 3, based on a finding of intentional discrimination in the restricting case. The federal courts found last year that Texas’ new maps for Congress and the state house were “enacted with discriminatory purpose.”

Texas: Voter ID Debate Heats Up as Dallas County Joins Fight | The Texas Tribune

A fight against the state’s contentious voter ID laws escalated this week when Dallas County became the first Texas county to claim that the requirements would disenfranchise thousands of eligible voters. In a 3-2 vote on Tuesday, the Dallas County Commissioners Court voted to join U.S. Rep. Marc Veasey, D-Fort Worth, in a lawsuit urging a federal district court to issue an injunction against the voter ID law. The law requires voters to present one of seven forms of state or federal identification or a so-called election identification certificate, which can be obtained from the state’s Department of Public Safety. On Wednesday in an appearance on MSNBC, Dallas County Judge Clay Jenkins applauded the commissioners’ decision. Jenkins said 220,000 of 1.1 million total registered voters in Dallas County indicated they did not have the required forms of ID to vote. “Dallas County just could not sit idly by while the state’s Republican leaders disenfranchised African-American and Latino voters,” Jenkins said, adding that Hispanics are 46 percent more likely to lack the required form of ID to vote, according to the U.S. attorney general.

Texas: Dallas County taxpayers will fund both sides of voter ID fight | The Dallas Morning News

No matter what Dallas County residents think about Texas’ controversial voter identification law, their tax dollars are being used to help fund the fight for it. And against it. Dallas County commissioners narrowly agreed Tuesday to join a lawsuit against Gov. Rick Perry over his intentions to implement the law requiring voters to show ID at the polls. The 3-2 vote at the Commissioners Court meeting means Dallas County taxpayers are helping fund the federal and county fights against the law, as well as the state’s battles to defend it. “It’s a dangerous precedent to be committing the Dallas County treasury for purely partisan politics,” said Mike Cantrell, the lone Republican county commissioner. Democratic Commissioner Elba Garcia bucked the party line and joined Cantrell in voting against joining the lawsuit. Democratic County Judge Clay Jenkins and Commissioners Theresa Daniel and John Wiley Price voted to do so. Their support allows District Attorney Craig Watkins, also a Democrat, to hire law firm Brazil & Dunn to help the county intervene in the existing lawsuit. U.S. Rep. Marc Veasey, D-Fort Worth, and seven others sued Perry in June.

Texas: Abbott goes on voter ID offensive | San Antonio Express-News

Attorney General Greg Abbott on Monday took aim at a civil rights lawyer who — according to a news story — advised folks in South Texas to ignore the state’s voter ID law when casting ballots in an upcoming local election. In an August 13 Rio Grande Guardian story, Jose Garza, a lawyer for the Mexican American Legislative Caucus, is quoted saying he thinks Texas’ voter ID law is unconstitutional, and that he “needs practical examples of registered voters being denied the right to vote. The photo ID legislation may be the law of the land in Texas but I believe it is unconstitutional. The only way you can challenge it is to find people who have been denied the right to vote because they did not comply with this specific term,” Garza said, according to the story. Keep in mind: Abbott declared voter ID will “take effect immediately” after the U.S. Supreme Court in June suspended the section of the Voting Rights Act that forced Texas to get a federal OK before implementing changes to election law (Attorney General Eric Holder said in July he will ask a court to require Texas to receive preclearance from the Justice Department for voting laws because of a history of discrimination).

Texas: Dallas County could take on Texas over voter ID law | The Dallas Morning News

Dallas County commissioners on Tuesday could join a federal challenge to a controversial state law that requires voters to show photo identification. Commissioners are expected to vote on whether to hire a law firm to join a federal lawsuit at Tuesday’s regular meeting. The move would pit county leaders against state officials. U.S. Attorney General Eric Holder said last month he is also taking aim at Texas legislators’ voting laws. Battles over voter identification laws have raged across the country in recent years. Supporters are typically Republicans. They say the laws prevent ineligible voters from casting ballots. Opponents are typically Democrats. They say such laws are designed to keep poor residents and minorities from casting ballots by adding financial and bureaucratic hurdles to voting. Dallas County Judge Clay Jenkins and District Attorney Craig Watkins, both Democrats, said in a joint statement Monday that the law “could disenfranchise many registered voters.”

Texas: Texas AG Acknowledges GOP Redistricting Decisions Made 'At The Expense Of The Democrats' | Huffington Post

Texas Attorney General Greg Abbott (R) explicitly referenced Texas Republicans’ gerrymandering tactics in a court brief earlier this month, acknowledging that districts were redrawn in 2011 to minimize the clout of Democratic voters. In July, Attorney General Eric Holder filed a lawsuit, arguing that the state should be required to undergo some form of preclearance with districting plans. A month before, the United States Supreme Court had struck down key provisions of the Voting Rights Act, meaning that the Texas redistricting plan was no longer subject to federal preclearance requirements.

Texas: We Only Hate Democrats, Not Minorities | Bloomberg

The State of Texas this week filed a rather impolite response to the voting-rights concerns recently expressed by Attorney General Eric Holder. Last month, Holder announced that the Justice Department would deploy a little-used section of the Voting Rights Act to impose federal oversight on some jurisdictions that had been freed, courtesy of a 5-4 conservative majority of the U.S. Supreme Court, from having to “preclear” changes to voting rights (and redistricted election maps) with either a federal court or the Justice Department. Texas is precisely the kind of jurisdiction the Justice Department had in mind. In 2011, Republicans in the state legislature produced redistricting maps that, according to the federal court, had been designed with “discriminatory purpose.” The result was a significant dilution of Hispanic voting power. In a response filed with a three-judge panel in San Antonio, State Attorney General (and Republican gubernatorial candidate) Greg Abbott more or less told the Justice Department what it could do with a Texas longhorn.

Texas: Texas on voting rights: It’s not about race, just politics | MSNBC

Texas didn’t discriminate against minority voters. It was only because they were Democrats. And even if it did, the racial discrimination Texas engaged in is nowhere near as bad as the stuff that happened in the 1960s. These are some of the arguments the state of Texas is making in an attempt to stave off federal supervision of its election laws. In late July, citing the state’s recent history of discrimination, the Justice Department asked a federal court to place the entire state back under “preclearance.” That means the state would have to submit its election law changes in advance to the Justice Department, which would ensure Texas wasn’t disenfranchising voters on the basis of race. This week, Texas submitted a brief arguing that placing the state back under preclearance would be an “extreme” encroachment on state sovereignty and denying that they ever discriminated against minority voters in the state. “I don’t think it’s going to work, frankly. The mere desire to achieve partisan advantage does not give Texas a free hand to engage in racial discrimination,” says Brenda Wright, a voting law expert with the liberal think tank Demos. “If the only way you can protect white incumbents is by diluting the voting strength of Hispanic citizens, you are engaging in intentional racial discrimination, and the courts will see that.”

Texas: Primaries could be delayed again over redistricting | Associated Press

Politicians across the state are announcing their candidacies and hiring campaign workers, but the battle over redistricting again could delay the March primaries and make life difficult for incumbents. Lawyers working for Attorney General Greg Abbott and minority groups filed briefs with a San Antonio federal court that hint at a knockdown, drag-out fight over the state’s political maps and election laws. The fight has intensified since U.S. Attorney General Eric Holder has said he wants Texas to submit all proposed election law changes for federal approval before implementing them. Minority groups first filed their lawsuit against Texas’ new political maps May 9, 2011, when the Legislature created them following the 2010 census. Because the case was underway, three federal judges in San Antonio drew temporary legislative and congressional maps for the state to use for the 2012 elections. Abbott didn’t like those maps, so he appealed to the U.S. Supreme Court, which agreed with him that the maps went too far, absent a verdict in the case. The protracted legal wrangling delayed the 2012 primary from March 6 to May 29.

Texas: State moves to protect voter ID law | SCOTUSblog

Repeating its argument that its controversial new photo ID requirement for Texas voters is now in operation, the state on Thursday asked a federal court in Washington to put an end to a case testing that law’s validity.  The state filed a two-page motion to dismiss the case. That, however, could encounter resistance from the Obama administration, which believes the law impairs minorities’ voting rights and wants to block Texas from enforcing any such law. “Senate Bill 14 [the photo ID law] is now in full effect and being implemented in Texas,” according to Texas’s motion, filed in U.S. District Court in the case of Texas v. Holder (District Court docket 12-128).  That court ruled a year ago that the law would violate the voting rights of African Americans and Hispanics in Texas under the Voting Rights Act of 1965.  The Supreme Court in late June sent that case back to the district court, to reconsider in the wake of the decision in the Voting Rights Act case of Shelby County v. Holder. Texas’s motion to dismiss the case altogether appeared likely to set up a new courthouse confrontation with the Obama administration, because Justice Department lawyers are pressing federal courts to put all Texas laws governing voting under a new form of federal court supervision, barring enforcement until any such law gets cleared in Washington.  Texas is vigorously opposing that effort.

Texas: Texas Launches New Legal Attack On Voting Rights Act | TPM

Texas escalated a confrontation with the Obama administration this week over the Voting Rights Act, staking out an aggressive new challenge to the landmark 1965 law that could send it back to the Supreme Court for yet another review. “Just a few weeks ago, the Supreme Court invalidated the legislatively imposed preclearance requirement, calling it an ‘extraordinary’ ‘departure from the fundamental principle of equal sovereignty’ of the states,” Attorney General Greg Abbott wrote in a 54-page brief filed this week, in a case about whether the state’s latest redistricting map should be subject to court review before taking effect. “A judicially imposed preclearance requirement is no less extraordinary and no less constitutionally suspect.” Rick Hasen, an election law expert and professor at UC-Irvine, told TPM that the brief is “a signal to DOJ that Texas is not afraid to escalate if necessary, and they may have a receptive audience among the conservative Justices on the Supreme Court.”

Texas: State fights new voting supervision | SCOTUSblog

Mounting a strong counter-attack to attempts by the Obama administration and others to give federal courts new powers of supervision over Texas voting laws, officials of the Lone Star State have told a three-judge district court in San Antonio that it cannot impose that regime at this stage, or at any point unless there is new proof of “rampant” racial bias in election procedures in the state. In a fifty-four-page filing Monday evening, state officials cited the Supreme Court’s June 25 decision in Shelby County v. Holder, and told the District Court that it “cannot impose preclearance on Texas while remaining faithful to Shelby County and the constitutional principles on which it relies.”  Preclearance obligations under the Voting Rights Act of 1965, the state contended, can now only be ordered if racial bias in voting in a state rises to the level of the “ever-changing discriminatory machinations that gave rise to the preclearance regime in the first place….Nothing remotely like that has occurred in modern-day Texas.”