Texas: Case Could Change Voting Rights Act | ABC News

The Supreme Court will attempt on Monday to untangle the political mess in Texas created by a voting rights controversy. The case could have important political consequences, and highlights a lurking issue regarding the continued viability of a key provision of the Voting Rights Act, the landmark legislation passed in 1965 to protect minorities from discriminatory voting practices.

At issue are two very different sets of redistricting maps drawn up to take into account new census numbers for the state: Texas has grown by 4.3 million people since the previous census, and minorities make up the majority of the growth. Because of the population growth, Texas was awarded four additional seats in the U.S. House of Representatives.

Last spring the Republican-dominated Texas legislature passed one set of redistricting maps. But Democrats and minority rights groups immediately criticized them, arguing they did not reflect the growth of minority representation. Texas, a state with a history of past discrimination in voting, is subject to Section 5 of the Voting Rights Act, which requires the state to get approval or “preclearance” from the Department of Justice or a federal court in Washington, D.C., for any election-related changes.

Texas: Election map fight goes before Supreme Court | Thomson Reuters

The Supreme Court next week will step into a partisan battle over remapping congressional districts in Texas, the court’s first review of political boundary-drawing resulting from the 2010 U.S. census, with elections ahead in November. At issue in Monday’s arguments will be whether Texas uses maps drawn by a U.S. court in San Antonio favoring Democrats and minorities, or maps drawn by the Republican-dominated state legislature, in the 2012 congressional and state elections.

Texas Republican officials appealed to the Supreme Court, arguing that a lower court had overstepped its authority in coming up with its own redistricting plan and that it should have deferred to the state legislature’s plan. The Obama administration for the most part has supported the state Democratic Party and groups representing Hispanics and blacks before the Supreme Court, saying that parts of the state’s plan violated the federal voting rights law.

Texas: Supreme Court to examine Texas redistricting | USAToday.com

As the election season intensifies, the Supreme Court will hear a dispute Monday involving the fairness of new voting districts drawn by the Texas Legislature. The case arises as several challenges from other states and localities have been made against the landmark 1965 Voting Rights Act. Advocates on both sides are watching the Texas case for signals from the court on whether a decades-old provision intended to ensure equality at the polls should stand.

In Texas, a San Antonio-based federal court blocked the Legislature’s voting-district maps, saying they could not be used until officials had ensured, based on the 1965 law, that they didn’t harm the interests of Hispanics and blacks. Texas contends the lower court judges wrongly drew a new, interim plan for state House and Senate districts and Texas’ 36-member U.S. House of Representatives. State lawyers say the judges should have deferred to the legislative plan even though it had not been cleared under Section 5 of the Voting Rights Act.

Texas: Primaries Await U.S. Supreme Court Ruling | The Texas Tribune

If Texas is going to hold primary elections on April 3, the federal courts will have to pick up the pace. A panel of federal judges in Washington, D.C., is deciding whether congressional and legislative district maps drawn by the Legislature last year give proper protection to minority voters under the federal Voting Rights Act.

At the same time, the U.S. Supreme Court is deciding whether an interim map drawn by federal judges in San Antonio is legal. In the meanwhile, there are no maps in place for the impending Texas elections.

Texas: Justice Department review delays Texas Voter ID law | Your Houston News

The U.S. Department of Justice is reviewing Texas’ recently passed Voter ID bill after a ruling Dec. 23 stated that a similar bill in South Carolina did not meet requirements of the 1965 Voter Rights Act and made it more difficult for minorities to vote. “I’m disappointed the Department of Justice is playing politics in this,” State Rep. Brandon Creighton, R-Conroe, said. “I’m intrigued to see the outcome of the litigation, but at the end of the day, the Supreme Court is going to uphold it.”

Creighton said the bill would require voters to provide a Texas Driver’s License or Department of Public Safety public identification card, citizenship papers or a U.S. passport, or similar documents. For those who do not have the required document, Creighton said a DPS identification card can be obtained free of charge.

Texas: Texas voter ID law unnecessary but state AG must defend it nonetheless | Fort Worth Star Telegram

When the U.S. Justice Department last week blocked South Carolina’s new voter ID law because of possible discrimination against minorities, attention quickly focused on Texas, which passed similar legislation this year.

Tentatively set to go into effect Sunday, the Texas law requires that a valid photo ID be presented at the polls along with a voter registration card. The accepted forms of identification are: Texas driver’s license, Texas election ID (issued by the Department of Public Safety), a personal identification card from the DPS, a Texas concealed handgun license, U.S. military ID card, U.S. citizenship certificate or U.S. passport.

In rejecting South Carolina’s law, the Justice Department used the state’s own data to show that tens of thousands of residents did not possess the required photo IDs, and that nonwhite voters would be most burdened under the statute.

Texas: When is state law not enforceable? Texas awaits DOJ approval for its new voter photo ID law | State of Elections

The battle over Texas’s controversial new voter identification bill should be over. Instead, it appears to be heating up. Senate Bill 14 amends the Texas Election Code, requiring voters to present an approved form of photo identification to cast a ballot in state elections. Voters may rely on most forms of commonly-used government-issued photo identification, such as a driver’s license or passport. Voters who are unwilling, or unable, to pay for identification are also covered; the bill creates a new form of identification called an “election identification certificate” which can be obtained at no cost from the Texas Department of Public Safety.

Both the Texas House and Senate approved the bill and its photo identification requirements, following months of heated debate across the state. And, on May 27, Governor Rick Perry signed the bill into law. Notwithstanding any post-enactment court challenges, gubernatorial endorsement is the final step in the legislative process—or at least that’s how things usually work in Texas.

Texas: Rejection of South Carolina voter ID law may put Texas’ law on shakier ground | statesman.com

The U.S. Department of Justice on Friday rejected as discriminatory a South Carolina law requiring voters to show photo identification at the polls. The action by the department’s civil rights division, coupled with Attorney General Eric Holder’s call 10 days earlier in Austin for more aggressive federal review of such laws, appears to increase the likelihood that the Texas version could meet a similar fate. Texas Republicans criticized the decision, calling it improper and vowing to defend Texas’ voter ID law.

The Justice Department said the South Carolina law makes it harder for members of minority groups to cast ballots, to the point that tens of thousands of them might be turned away at the polls because they lack the required photo ID. The law requires a state-issued driver’s license or ID card, a U.S. military ID or a U.S. passport.

The Texas law, which was signed by Gov. Rick Perry in May, requires voters to show a valid government-issued photo ID, such as a Texas driver’s license, Department of Public Safety identification card, state concealed handgun license, U.S. military ID or U.S. passport. Like the South Carolina law, the Texas law needs approval from the Justice Department under the 1965 federal Voting Rights Act. Such “pre-clearance” to ensure that minority political power is not harmed is required in states that failed to protect minority voting rights in the past.

Texas: Voter ID law may not be implemented in time for 2012 primaries | Star Telegram

Seven months ago, Gov. Rick Perry stood at a lectern in the Texas Capitol flanked by dozens of fellow Republican state lawmakers to celebrate a new state law.

“It’s our duty to ensure that elections are fair, beyond reproach, accurately reflecting the will of the people,” Perry said. “And that’s what voter ID is all about.” He then ceremoniously signed the bill requiring Texas voters to present a valid state or federal photo ID to vote. The plan was for Senate Bill 14 to be enacted Jan. 1, in time for the 2012 elections.

But that timeline is in doubt as the Justice Department continues reviewing new voter identification laws passed in Texas and other states. Because of a history of racial discrimination, Texas remains one of many states still subject to one or more sections of the Voting Rights Act. That requires Texas to get federal approval, or pre-clearance, for any changes to voting procedures.

Texas: Redistricting creating chaos in 2012 primary | El Paso Times

Another attempt to redraw political districts in Texas brings yet another appeal to the U.S. Supreme Court. Hundreds, perhaps thousands, of politicians are anxiously waiting to see if the nine judges in Washington will give them a fighting chance to keep or win a seat in the Texas House, Texas Senate or Congress. With dozens of incumbents retiring, the stakes are high and who ends up winning depends largely on what the final district maps look like.
One proposed map guarantees Republican dominance for the next 10 years. The other would likely give Democrats a big boost. And the Supreme Court could order a new, third version.

American politicians face this problem every 10 years when states redraw political maps based on the latest census. The state needs to ensure every political district has roughly the same number of people. Texas law gives that task to incumbent members of the Legislature, and they seize upon this rare opportunity to choose the voters they want. Since their first priority is to get re-elected, they draw their districts to suit them. Then the party in power usually tries to draw districts that will hurt their opponents.

Texas: Elections Paralyzed by Hearing Before Supreme Court | NYTimes.com

Jacquelyn F. Callanen was neither a plaintiff nor a defendant in the redistricting case that the Supreme Court decided to hear last week. But her life — and her office — went from calm to chaos because of it. Ms. Callanen is the elections administrator for Bexar County in south-central Texas, home to San Antonio and 1.7 million residents. The Supreme Court’s decision temporarily blocked a set of district maps that Ms. Callanen and other officials around the state were going to use in next year’s elections.

Less than 90 days before the scheduled March 6 primary, Ms. Callanen has no electoral map in place for Congressional and State House and Senate districts in Bexar County, and none are in effect in any other county either. Much of the political geography of the country’s second-biggest state, in other words, has essentially vanished.

Texas: Confusion reigns as political deadline is delayed | TheMonitor.com

For Hidalgo County political candidates, there may be a deadline, but there still is no clarity. A panel of three federal judges extended a filing deadline for political office set to expire Thursday until Monday, giving candidates four extra days to sweat out whether they’ll draw additional competition. But the court hasn’t yet ruled on whether it will delay any elections, and candidates for state and congressional seats embroiled in the redistricting lawsuit still don’t have a clear picture of how their districts will eventually look.

Hidalgo County Democratic Party Chairwoman Dolly Elizondo-Garcia summed up the state’s electoral process with one word: confusion. “It’s been very chaotic, and we’re trying to handle it as best we can,” said Elizondo-Garcia, who is accepting applications for places on the ballot from state candidates who still don’t know for sure in which district they’ll run. “There are more twists and turns here than the Texas Cyclone (theme park ride). We’re going to be in for a lot of surprises.”

Texas: Texas’ voter ID law and redistricting go ‘against the arc of history,’ AG Holder says | Houston Chronicle

The nation’s top law enforcement official drew attention to two of the state’s hot-button political issues — redistricting and voter ID — telling a Texas audience Tuesday night that making it harder to vote “goes against the arc of history.” U.S. Attorney General Eric Holder criticized recent efforts in Texas and other states that have passed restrictive election laws, saying voting rights instead should be expanded.

Holder was speaking at the Lyndon B. Johnson Library, which houses the late president’s official records and memorabilia, including the landmark Voting Rights Act of 1965 that he signed. Making frequent references to Johnson’s legacy on voting rights, Holder encouraged the audience to “speak out. Raise awareness of what’s at stake.”

He said strict voter ID laws can cut voter turnout. And he was critical of using the redistricting process to choose politicians instead of creating districts that allow voters to choose their voice in government. “All citizens should be automatically registered to vote,” Holder said, suggesting states should modernize out-of-date paper registration systems. “The single biggest barrier to vote in this country is our antiquated voting system,” he said.

Texas: Supreme Court blocks redistricting plan for Texas | The Washington Post

The Supreme Court Friday night blocked a redistricting plan for Texas drawn by a panel of federal judges, putting the justices in the middle of a partisan battle over how the state’s electoral maps should change to recognize the state’s burgeoning minority population.

Texas had objected to the judicially drawn maps, which analysts said would increase chances for Democrats and minorities, and favored maps drawn by the Republican-dominated legislature. Attorney General Greg Abbott (R) requested the Supreme Court’s intervention; the justices will hear arguments Jan. 9. Candidates already have begun to register to run under the districts drawn by the panel of federal judges in San Antonio, and it appears likely the state’s March primaries now will be delayed.

The plans drawn by the legislature do not have the approval needed by several southern states, including Texas, that are covered by a part of the Voting Rights Act that requires federal “pre-clearance” of any electoral changes that could affect minority political power.

Texas: Can a Wendy’s register to vote? | Houston Chronicle

Harris County Commissioners Court approved an order this morning splitting 12 voting precincts into 27 to comply with interim redistricting maps produced by federal courts in San Antonio and Houston. Some of the slices produced humorous results.

Only one of the 12 voting precincts was affected by the local lawsuit, which Latino activists filed against the county in August, alleging its adopted redistricting map diluted Hispanic voting power in the southeast commissioner precinct, Precinct 2. The suit is ongoing.

Texas: High Court Halts New Texas Electoral Maps | NYTimes.com

The Supreme Court has blocked the use of Texas state legislative and congressional district maps that were drawn by federal judges to boost minorities’ voting power. The court issued a brief order Friday that applies to electoral maps drawn by federal judges in San Antonio for the Texas Legislature and Congress. The justices said they will hear arguments in the case on Jan. 9.

Texas says the federal judges overstepped their authority and should have taken into account the electoral maps that were drawn by the Republican-dominated Texas Legislature. The order brings to a halt filing for legislative and congressional primary elections that began Nov. 28. The primaries had been scheduled to take place in March but with the Supreme Court’s intervention, those elections almost certainly will be delayed.

Texas: Supreme Court weighs GOP appeal over Texas election map | latimes.com

The Supreme Court is likely to decide early this week whether to act on an appeal from Texas Republicans and block the use of an election map that could help three or more Latino Democrats win seats in Congress next year.

The case of Rick Perry vs. Shannon Perez is the first redistricting battle to come before the high court in the round of political line-drawing that followed the 2010 census. It mixes partisan politics with a continuing legal dispute over the role of the Voting Rights Act in aiding minority candidates.

Obama administration lawyers had joined the case on the side of Latino civil rights advocates. Together, they argued that Texas Republicans who control the Legislature had denied fair representation to the state’s growing Latino minority. Texas was a big winner in the recent census tally. Its population grew by nearly 4.3 million, driven by a surge of Latinos. Based on this growth, the Lone Star State will receive four more seats in the House of Representatives, giving it 36.

Texas: Parties Contest Election-Monitoring Techniques | Roll Call

Not only are Americans divided over the presidential candidates, they appear to be divided over how people should vote for those candidates. Texas tea partyers have launched an election-monitoring effort designed to weed out voter fraud. Civil rights groups call it an elaborate intimidation scheme targeting minority voters.

“They’re trying to put in place a solution for a problem that doesn’t exist,” said Judith Browne-Dianis, co-director of the Advancement Project, adding that voter fraud is uncommon.

Texas: Department of Justice blocks Texas Voter ID law | Your Houston News

In Texas, one has to have a picture identification to buy beer, lottery tickets, cigarettes and spray paint, but efforts to require voters to meet those same requirements have been halted by the federal government.

Despite the efforts of Texas lawmakers to require voters to present picture identification in order to vote, on Nov. 16, the U.S. Department of Justice told state election officials that they have not provided enough information about racial statistics on Hispanics in each county for the law to receive preclearance.

Texas: Feds hold up Voter ID law, want more information | Houston Chronicle

The Texas voter ID law, one of Gov. Rick Perry’s top priorities during the 2011 Legislature, has been stalled by the U.S. Justice Department, which is insisting on demographic information about voters that state election officials say is virtually impossible to provide.

Texas Republicans expressed dismay Thursday after Justice Department officials said they need voter information about race and ethnicity before they can approve the controversial law, which is scheduled to take effect on Jan. 1. The ruling raises the possibility that the law will not be in place by the March 6 primary.

Texas: Dems challenge Texas GOP lawmaker to back up Voter ID claim | Chron.com

With the new Texas voter ID bill now under scrutiny at the Department of Justice, Democrats are pressing Rep. Larry Gonzales, R-Round Rock, to present information proving the legislation will not infringe on minority voter’s rights. In an interview with YNN on Oct. 14, Gonzales responded to a report released by the Secretary of State that found 605,576 registered voters lack a state-issued driver’s license or identification card.

“What the Democrats aren’t taking into consideration is the numbers they saw do not include all 7 forms of identification (allowed under the new law),” Gonzales said. “We feel confident once all the forms are included, no one will be disenfranchised and people will have access to the polls.”

Texas: Election manual includes Voter ID law before it’s the law | Houston Chronicle

A manual being using to train election judges for next week’s elections contains inaccurate information, reflecting a new voter identification law that has not yet taken effect, Harris County Clerk Stan Stanart said Monday. Stanart said his office caught the error after the first training class last Monday and since has provided correct information to election workers.

State Sen. Rodney Ellis, D-Houston, said two confused election judges contacted his office last week, concerned the manual was implementing Texas’ new voter identification law a year early.

Texas: New laws to cost KISD $50K to rent voting machines | Katy Times

Katy Independent School District board of trustee elections will proceed as scheduled, but at additional cost due to changes in electoral regulations. Katy ISD will attempt to rent voting equipment from Election Systems & Software (ESS) for next year’s elections at a cost of $51,463. “When I look at the options (not including changing election schedules)…

Texas: Voter ID law examined | Cherokeean Herald

With early voting already underway across Cherokee County, many are learning about the state’s new voter ID bill – and the United States government wants to know more about it, as well. The bill, signed into law in May by Gov. Rick Perry, requires voters to present one of five accepted forms of voter ID – a drivers license, military ID, passport, concealed handgun license or a special voter ID provided by the state free of charge – before voting. Individuals over the age of 70 are exempt from the law.

“This simple action, no more complicated then cashing a check down at the HEB or applying for a library card down the street, will appropriately help maintain the integrity and fairness of our electoral system here in the Lone Star State,” Gov. Perry said prior to the signing.

Texas: Data show voters could be barred under new ID law | Post Bulletin

As many as a quarter of voters in some small Texas counties might not be able to cast ballots if the federal government allows the new state voter ID law to go into effect. And in some places, the potential for that decrease in the number of voters could affect the outcome of elections.

The impact of the law was gleaned from several pages of data that the Texas secretary of state’s office provided to the U.S. Department of Justice, which is reviewing the law to determine whether it illegally hurts minority voters. The data show that in 27 of Texas’ 254 counties, at least 10 percent of the registered voters might be unable to cast ballots, if Senate Bill 14 by Sen. Troy Fraser, R-Horseshoe Bay, takes effect.

Texas: Secretary of State Responds to Feds on Voter ID | The Texas Tribune

The Texas secretary of state submitted additional information to the Department of Justice on Tuesday in an effort to ensure the state’s controversial voter ID law is implemented on time. It’s unclear, though, whether the data Texas provided will allow federal voting officials to determine whether the law would disenfranchise minority voters.

The bill, SB 14 by state Sen. Troy Fraser, R-Horseshoe Bay, is scheduled to take effect Jan. 1. But the timeline appeared in jeopardy last month after the DOJ said it needed additional information to ensure the law would not infringe on the voting rights of certain minority groups. The law, which Gov. Rick Perry deemed an emergency item during the legislative session this year, would require voters to furnish a state-issued photo ID before casting a ballot.

Texas: U.S. Supreme Court Rules Dallas County’s Appeal in Fight Over Voting Machines is “Moot” | Dallas News

This morning, the U.S. Supreme Court handed down a very confusing ruling in the case involving Dallas County’s voting machines — a case, you’ll recall, that stemmed from Linda Harper-Brown’s 19-vote victory over Democrat Bob Romano in 1998. Long story short: The Texas Democratic Party (represented in part by attorney Clay Jenkins, now the county judge) sued Dallas County in federal court, claiming, as Ballot Access News neatly summed it up back in June, that “some voters are tricked into thinking they voted a straight-ticket vote, when actually they hadn’t.”

There was also an issue with whether the county pre-cleared the so-called direct-recording electronic voting machines with the Department of Justice before putting them into place. The county insisted they had — twice, most recently in March 2010, when the DOJ said Dallas was good to go.

Texas: Medina County TX delays shift to paperless balloting | San Antonio Express-News

Medina County residents opposed to a planned shift there to electronic-only voting are cheering a decision by county commissioners to keep paper ballots available in the Nov. 8 election.

But Natalia Mayor Ruby Vera called the commissioners’ vote last week to delay until March the conversion to paperless voting “a stalling tactic” to appease roughly 700 petition signers who assert that using paper ballots is “a right” of voters.

Commissioners had voted in September switch to all-electronic voting in November, but Medina County Judge Jim Barden said there’s not enough time to educate the public and to complete the transition.

Texas: Court throws out judgment against voting machines | Associated Press

The Supreme Court has thrown out a ruling that could have halted the use of a certain electronic voting machine in Texas. The high court without comment vacated a ruling against Dallas County, Texas. That county was sued by the Texas Democratic Party over the use of iVotronic machines.

Read the Court Orders (PDF)

They allow people to vote straight-party tickets, but if the voter subsequently touches any of the candidates in that party on the screen, their vote for that person is rescinded.