Texas: State Attorney General Seeking to Challenge Voting Rights Act | ABC News

Texas on Wednesday asked a federal panel weighing its photo ID requirement for voters to allow its attorneys to challenge the constitutionality of a key provision of the Voting Rights Act, taking a direct shot at the statue that has blocked the state from enforcing tightened voter requirements. In a filing to a three-judge panel in Washington, Texas asked to submit a petition charging that Section 5 of the Voting Rights Act "exceeds the enumerated powers of Congress and conflicts with Article IV of the Constitution and the Tenth Amendment." As a state with a history of voter discrimination, Texas is required under that section of the Voting Rights Act to get advance approval of voting changes from either the Justice Department or the U.S. District Court in Washington. The provision dates from 1965, but was upheld in 2006 after Congress found that discrimination still exists in the areas where it was historically a problem.

Texas: Voting Rights Act is attacked | San Antonio Express-News

Texas Attorney General Greg Abbott has opened a new front in the state's war with the federal government over election law, directly challenging the constitutionality of a key provision of the Voting Rights Act. The new argument was voiced Wednesday in a lawsuit that asks a federal court in Washington, D.C., to approve Texas' controversial Voter ID law, which the U.S. Department of Justice blocked Monday citing concerns that up to a million eligible voters could be harmed. The lawsuit challenges a requirement for states with a history of discriminating against minority voters, including Texas, to submit proposed election law changes to the federal government for approval. Either the Justice Department or a federal court must determine the changes will not disenfranchise minority voters before they can take effect, a process known as preclearance.

Texas: Justice Department Blocks Texas Law on Photo ID for Voting | NYTimes.com

The Justice Department’s civil rights division on Monday blocked Texas from enforcing a new law requiring voters to present photo identification at the polls, contending that the law would disproportionately suppress turnout among eligible Hispanic voters. The decision, which follows a similar move in December blocking a law in South Carolina, brought the Obama administration deeper into the politically and racially charged fight over a wave of new voting restrictions, enacted largely by Republicans in the name of combating voter fraud.

Texas: Voter ID Law Discriminates Against Latinos, Justice Department Says | Fox News

A controversial law requiring Texas voters to show a photo ID at the polls remains unenforceable because it discriminates against Latinos, the Department of Justice said Monday. In a letter to the Office of the Texas Secretary of State, the Justice Department’s Civil Rights Division said registered Latino voters are almost twice as likely as non-Latinos not to have a photo identification. Somewhere between 6.3 and 10.8 percent of registered Latino voters in Texas do not have a state-issued photo ID.

Texas: Confusion reigns in Texas elections calendar | Star Telegram

Confusion is the constant in Texas' presidential primary election this year. Delayed more than two months because of political wrangling, the primary is now scheduled to be the second major election day in May, calling voters back to the polls just more than two weeks after they cast ballots in city and school district elections. New voter registration cards - which will tell residents whether there's been any changes in their precincts and local, state and federal political districts - likely won't be sent out until late April, after the overseas and military ballots are sent out. "I'm sure there will be some confusion," Tarrant County Elections Administrator Steve Raborn said. "We're having these leapfrog elections, and runoffs, and in some cases polling places will be different, and some early voting sites will be different. "There's so many things that are changing, moving."

Texas: Contested voter ID law could shave voter rolls | Houston Chronicle

The state's contested voter ID law could provoke widespread complications in the upcoming presidential elections, with as many as 18 percent of all registered voters across Texas apparently lacking state government-issued photo IDs to match their voter registration cards, according to records obtained by the Houston Chronicle. Texas secretary of state officials did not find matching 2012 driver's licenses or state-issued photo IDs for 2.4 million of the state's 12.8 million registered voters, though all but about 800,000 of those voters supplied a valid identification number when they first registered to vote. The findings come from documents submitted by the state to the U.S. Department of Justice as part of an ongoing review of the new voter ID law.

Texas: Court inquires about Austin TX congressional district | statesman.com

A federal court in the nation's capital requested more information Tuesday about a Central Texas congressional district, a move that could delay the primary elections in Texas once again. In the ongoing redistricting saga, the Washington, D.C., court asked for briefs by March 13 on Congressional District 25, currently represented by U.S. Rep. Lloyd Doggett, D-Austin. The three-judge panel seems to be struggling with a contentious issue that has divided plaintiffs' groups suing the state in a San Antonio federal court over redistricting maps drawn by the Legislature last year; the plaintiffs say the maps are racially and ethnically discriminatory. At issue is whether District 25 is a minority district protected by the Voting Rights Act or a white district that would not require protection. Some plaintiffs in the redistricting fight argue that Hispanics and blacks join with whites in District 25 to elect a candidate of their choice, while other plaintiffs say it is a majority Anglo district that has long elected Doggett, a white Democrat.

Texas: Minority groups: New voting maps ‘total devastation for the Latino community across Texas’ | Associated Press

Disheartened and angry over the latest Texas voting maps handed down by federal judges, Democrats and minority rights groups looked Wednesday to a separate court in Washington as their last likely hope of cutting deeper into a solid Republican majority in the 2012 elections. The GOP stands poised to hardly lose any power under the latest Texas congressional and state House maps delivered this week by a San Antonio federal court, which confronted how the state's political boundaries should be changed with more than 3 million new Hispanic residents.

Texas: Redistricting impasse delays Texas primary until May 29, at the earliest | Houston Chronicle

Texas’ primary elections won’t take place until at least May 29 because of the ongoing battle over the state’s redistricting maps, a San Antonio federal court announced Wednesday. “It appears based on all the things that are going on here that it is extremely unlikely there will be a primary in April or for that matter before May 29,” said Judge Jerry Smith. “Based on the discussion we just had with the political parties, we asked that they start working on an election schedule.” The delegation of county election officials who came to the second day of the redistricting hearing was elated by the decision. Their leader, Bexar County Elections Administrator Jacque Callanen, told the court Tuesday that delays had made it impossible to hold the primary in April. “This feels like the weight of the world has been lifted off our shoulders,”Callanen said after Smith spoke from the bench. “This is a win.”

Texas: Primary Could Face New Delay Over Redistricting Lawsuit | NYTimes.com

A federal three-judge panel here is considering delaying the Texas primary election for the second time in two months, posing a number of logistical and political challenges for Republican and Democratic leaders and candidates as a redistricting dispute between the state and several minority groups remains for the most part at a stalemate. The primary had been scheduled for April 3, but at the end of a two-day hearing on Wednesday, Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit said that a primary in April was “extremely unlikely” and that the new date would probably be May 29. But the judges stopped short of selecting a new date, asking lawyers with the state Democratic and Republican Parties to outline new candidate filing periods and other deadlines using May 29 as a tentative date.

Texas: April primaries ruled out in Texas | Star Telegram

The chances of Texas voters having much influence in the Republican presidential race faded Tuesday after a panel of federal judges acknowledged that the state's deep divisions over political maps had made it nearly impossible to preserve an April primary. Texas was originally scheduled to be a part of next month's slate of Super Tuesday primaries, but the redistricting clash forced the state to reschedule its contest to April 3. With that date now all but dead, too, elections workers who squeezed into a packed San Antonio courtroom Tuesday advocated a new date of May 22, which could be long after Republicans settle on a nominee to face President Barack Obama.

Texas: Partial deal reached in Texas redistricting case | The Statesman

The Texas attorney general's office and a coalition of minority groups announced a deal Wednesday on one of three disputed electoral maps, a step forward in resolving when Texas will hold its primary elections. Texas holds the country's second largest number of delegates in the presidential race, but is unlikely to influence the Republican nomination because a dispute over the state's political maps has pushed back the primary, originally scheduled to be part of next month's Super Tuesday contests. Election administrators told a three-judge panel that the soonest reasonable date now is May 22.

Texas: Redistricting battle returns to court Tuesday as judges may decide fate of April primary | The Washington Post

If Texas can still hold an April primary, now is when the state likely finds out. A federal court in San Antonio that has spent months refereeing a clash over bitterly disputed Texas voting maps reconvenes again Tuesday, and Republicans and Democrats are hoping to learn when the state’s primary elections will finally take place. April 3 is the currently scheduled date, but that no longer seems realistic since not even temporary maps for the 2012 elections in Texas are settled. Another weekend of court-ordered negotiations between the state and minority rights groups, meanwhile, ended with little to show for it.

Texas: Voting rights group files suit over Texas registration practices | Houston Chronicle

The nonprofit Voting for America filed a federal lawsuit Monday alleging Texas voter rolls have been actively suppressed by excessive restrictions on volunteers who conduct registration drives, aggressive purges of county voter rolls and poll workers who improperly requested identification from voters. "A developing body of state practices and provisions targeted at voter registration activities is endangering the rights of many Texas voters," the lawsuit alleges. The group, affiliated with the Washington D.C.-based Project Vote, runs nonpartisan voter registration drives nationwide and has previously mounted legal challenges to state voter registration procedures in Missouri, Ohio, Indiana and New Mexico, among other states.

Texas: Redistricting Judges to Lawyers: Get to Work | The Texas Tribune

With hearings on redistricting scheduled for next week and deadlines for April primaries pending, a panel of federal judges told lawyers Friday afternoon to redouble their efforts to reach a quick settlement on interim political maps for the state's congressional and legislative elections. That's not the first time they've told the lawyers to talk, but negotiations stalled this week when the state and some plaintiffs reached an agreement that several other plaintiffs didn't like. In their order this afternoon, the judges said that proposal is still very much alive. They said they want to set an April primary. And they want negotiations to resume "with all due effort" before the hearings that begin next Tuesday.

Texas: Attorney General and key minority groups reach deal on Texas Redistricting | San Antonio Express-News

A federal court overseeing a Texas redistricting lawsuit rejected a proposal presented Monday, saying the plan did not have the support of all parties involved, a requirement outlined in an earlier order. Texas Attorney General Greg Abbott on Monday announced that a compromise plan had been reached, saying that one coalition of Latino groups had signed off on redistricting maps for the 2012 election that would give Hispanics two of the state's four new congressional districts. But the Texas Democratic Party and other groups suing the state rejected the proposal, arguing that the deal still shortchanges minority voters.

Texas: Primary election schedule nowhere in sight | Longview News-Journal

The parties to the contested redistricting litigation pending in the San Antonio Federal District Court, have until February 6, 2012 to reach a settlement, if they want to hold primary elections in Texas on April 3, 2012. The date of the primary had already been moved from March 6 to April 3rd. It is that date that now appears to be in jeopardy should there be no agreement by February 6. And, of course, no voter registration cards will be sent until all lines are drawn and approved. Panola County voter registrar Cheyenne Lampley stated, “People have been calling asking why they haven’t received their voter registration card, but all I can tell them is that the legislature must finish its job and draw correct redistricting lines before anyone gets a voter card.”

Texas: Redistricting settlement on verge of collapse, delaying primaries | The Hill

A once-promising settlement for Texas's convoluted redistricting battle has stalled, leaving the process once again far from an agreement and likely forcing Texas to move its primary back for a second time. Texas's redistricting maps are tied up in federal court and are unlikely to stand as they were originally drawn. Because of that a San Antonio court drew an interim map, but that was struck down by the Supreme Court. No one is sure how the process will play out, but all sides agree that a settlement that looked possible early this week is all but dead in the water, making it likely that Texas will have to push its primary back from April.

Texas: State looks at possibility of two primaries | Daily Progress

Texas faces the possibility of hosting two primary dates for November elections. While the district courts in San Antonio work to approve a map that appeases the attorney general's office, Democrats, Republicans and minority groups, a deadline for hosting a uniform primary looms. If the court approves redistricting maps on Monday, the state would be able to maintain a joint April 3 primary date, said Chris Elam, spokesperson for the Republican Party of Texas. If they are approved by Feb. 20, the primary date would move to April 17, Elam said. But if it takes longer, the state may be faced with splitting the elections in two.

Texas: Behind Closed Doors – Texas Redistricting Panel | The Austin Chronicle

Monday, Feb. 6. That's the deadline set by the San Antonio redistricting panel for all parties to agree on interim House, Senate and Congressional maps, or they'll miss the deadline for the April 3 primary. But what will the minority voting rights groups want from those maps, and can they stay on the same page? There were rumors floating around all weekend that there could be a deal struck as early as today, but with all parties heading to DC to catch closing arguments in the preclearance hearing tomorrow, Jan. 31, that seems unlikely. The Mexican American Legislative Caucus told the Chronicle this morning that a deal is not imminent, even though they are all working towards some kind of agreement.

Texas: Democrats, minority groups near huge win with redistricting settlement | The Hill

The Texas state attorneys defending the state’s GOP-drawn redistricting plans from court challenges have reached out to settle litigation, according to sources in the state. The settlement would give minority groups and Democrats what they’ve been demanding from the start: more heavily minority, Democratic-leaning House seats. The result would likely mean at least four more Texas Democrats in Congress as of next year, a good start on the 25 or so seats Democrats need to win to retake control of the House. “They’re backed up against the wall and have to come to some agreement and it’ll be awfully favorable on our end,” said one of the plaintiffs in the case. Another plaintiff agreed.  “It’s clear they know they’re in a vulnerable position and that’s why they want to settle,” he said.

Texas: Testimony in Texas redistricting trial wraps up | San Antonio Express-News

Testimony wrapped up Thursday in a trial before a three-judge panel to determine if redistricting maps drawn by the Texas Legislature violate the Voting Rights Act and discriminate against minorities. The final witness, a redistricting expert, told the court that a congressional map drawn by the Republican-controlled Legislature removed 479,000 Latinos from districts that elect minority-preferred candidates.

Texas: State again facing possibility of two primaries | San Antonio Express-News

Texas could soon be facing the possibility of having its primaries split into two elections, a federal judge said Monday. U.S. District Judge Orlando Garcia wrote in a filing that he was giving the move “serious consideration” if the groups involved in the fight over the state's interim redistricting plans can't agree on a set of maps by Feb. 6. Garcia, who leads the panel of judges that was ordered by the U.S. Supreme Court last week to redraw interim district maps for the 2012 election, also moved a key hearing up by three days, to Friday, when the court will hear arguments on how best to move forward.

Texas: Attorney General files suit to clear path for voter ID bill | Amarillo Globe-News

The ongoing Texas redistricting fight took a backseat to the voter identification law debate Monday, thanks to Texas Attorney General Greg Abbott. Abbott filed a lawsuit seeking swift enforcement of the controversial legislation requiring Texas voters to show government-issued photo identification before casting a ballot. “The U.S. Supreme Court has already ruled that voter identification laws are constitutional,” Abbott said regarding the voter identification bill the Republican-dominated Texas Legislature approved in last year’s session.

Texas: Attorney General Abbott sues DOJ over voter ID law | Statesman.com

Texas Attorney General Greg Abbott filed suit against the Department of Justice today in an effort to speed enforcement of the state’s new voter ID law.
The Justice Department, which must conclude that the voter ID law does not unfairly disadvantage minority voters, has been reviewing the law for the past six months and has twice asked state officials to supply additional information on the racial breakdown of Texas voters. Fearing further delays, particularly after justice officials rejected South Carolina’s similar voter ID law last month, Abbott today asked a federal court to intervene and approve the Texas law. “The U.S. Supreme Court has already ruled that voter identification laws are constitutional,” Abbott said. “Texas should be allowed the same authority other states have to protect the integrity of elections. The Texas law, approved by the Legislature last year, requires most voters to show government-issued photo identification before voting.

Texas: Supreme Court Rejects Judge-Drawn Maps in Texas Redistricting Case | NYTimes.com

The Supreme Court on Friday instructed a lower court in Texas to take a fresh look at election maps it had drawn in place of a competing set of maps from the Texas Legislature. The justices said the lower court had not paid enough deference to the Legislature’s choices and had improperly substituted its own values for those of elected officials. The court’s unanimous decision extends the uncertainty surrounding this major voting-rights case, which could help determine control of the House of Representatives.

Texas: Supreme Court sides with Texas on redistricting plan | The Washington Post

The Supreme Court on Friday set aside Texas redistricting plans drawn by a federal court that were favored by minorities and Democrats, and ordered the lower court to come up with new plans based more closely on maps drawn by the Texas legislature. In an unsigned opinion that drew no dissents, the justices said a federal panel in San Antonio “exceeded its mission” in drawing interim plans for the state’s upcoming primaries. It said the court was wrong to believe its plans needed to be completely independent of the ones passed by the legislature. “A district court should take guidance from the state’s recently enacted plan in drafting an interim plan,” the justices wrote. They added, however, that courts must be careful not to incorporate parts of a state’s plan that might violate the Constitution and the federal Voting Rights Act.

Texas: Voters? We don’t need no stinkin’ voters: Why recent changes to Texas election laws may unintentionally undermine voter turnout | State of Elections

The Texas Secretary of State is fighting to uphold Texas’s new voter photo identification law against federal scrutiny. The press has reported extensively on the battle brewing between the states and the United States Department of Justice over the impact that voter ID laws will have on voter turnout. Many groups believe that voter ID laws—which require persons to show photo ID before casting their votes—unfairly target minority voters, making it more difficult for them to participate in the democratic process. While the photo ID requirement is the most widely reported change to the Texas election process, it is not the only new roadblock likely to affect voter turnout in the Lone Star State’s upcoming elections.

Texas: Whither the Texas primary? | Texas Redistricting

With the Supreme Court yet to rule, questions inevitably have turned to whether there is any way it will be possible to keep to an April 3 primary. Senator John Cornyn and many election law lawyers think that chance is becoming increasingly remote.  In fact, many observers aren’t even certain when the primary could be held if it needs to be moved. Consider the logistical challenges. Even if the Supreme Court rules this week or early next week (by no means certain), the San Antonio court will need time to respond to the Supreme Court’s rulings - unless, of course, the Supreme Court simply orders one or the other maps into effect - but that seems unlikely based on last week’s oral argument.

Texas: Judges in DC to decide if Texas redistricting violated federal Voting Rights Act | Chron.com

A three-judge federal court panel will begin hearing two weeks of testimony today to determine whether the Texas Legislature violated the Voting Rights Act and diluted minority voting strength when it redrew political maps for state House, Senate and congressional seats. The District of Columbia panel will review plans drawn by the Legislature under Section 5 of the 1965 Voting Rights Act, which requires the Justice Department to approve beforehand changes to the political process. A finding by the court that the maps discriminate would then shift attention to the Supreme Court and a ruling on whether interim maps by a court in San Antonio could be used.