Voting Blogs: Court Rulings Impact Elections in 2014 | The Canvass

Users of a different kind of gavel have been busy setting rules for voters and election administrators in 2014. Courts, and not legislatures, have been the major force shaping state election laws this year, with some key rulings landing just days before voters headed to the polling places. And it’s not just district circuit justices who have been asked to rule on litigation about photo ID requirements for voters, early voting and same-day voter registration. Several notable rulings from the U.S. Supreme Court this year have addressed how elections are run. And some of those decisions from the U.S. Supreme Court have hardly settled election matters. The brief court orders in a few October cases— often two sentences— have addressed simply the timing of changes to the elections process; these cases are still to be decided on their merits by the courts with jurisdiction.

National: Voting rights battles will continue in runup to 2016 | USA Today

Supreme Court rulings forced last-minute changes in state voting procedures for the midterm elections across the country, but the battle over voting rules is far from over. Courts are still hearing arguments over voter ID and early voting laws, legal challenges that could reshuffle voting rules again before 2016, when a presidential election will probably increase voter turnout and long lines at polls. “The cases are not over,” says Rick Hasen, an election law expert at the University of California-Irvine and author of the Election Law Blog. “In a number of states, restrictions, which have been on hold or which were scheduled to be phased in, will be in effect. More states will pass new restrictive voting rules. And some states may pass rules making it easier to vote.”

• In Ohio, legislation shortened early voting and eliminated “Golden Week,” a time period in which voters could register and early-vote on the same day. The Supreme Court upheld the changes for the midterm election, but the case challenging the law must go to trial in federal court.

Editorials: Ending voter suppression ahead of 2016 | Benjamin Jealous/MSNBC

For far too many Americans, voting became more difficult or, in some cases, impossible in 2014. In Texas, Imani Clark, a Black state college student and client of the NAACP Legal Defense Fund in the lawsuit that declared Texas’s strict voter ID law unconstitutional, was unable to vote with her student ID as she had in the past. Thousands of other students like Imani were also disenfranchised. In Alabama, a 92-year-old great-grandmother was disfranchised by the secretary of state’s last-minute determination that a photo ID issued by public housing authorities is not acceptable ID for voting. She had previously voted with a utility bill. These were familiar stories in each of the 14 states with restrictive voting laws that took effect for the first time during this election season. The new laws include strict photo ID requirements, significant reductions to early voting, limits on same-day registration, and more. All had two things in common: They were reactionary responses to changing demographics and had a disproportionate impact on communities of color. If it were not for the U.S. Supreme Court’s devastating June 2013 decision in Shelby County, Alabama v. Holder, many of these changes likely would have been blocked by Section 5 of the Voting Rights Act of 1965. Indeed, Texas’s photo ID measure was previously blocked from going into effect for the 2012 elections by Section 5.

Kansas: Federal appeals court rejects citizenship proof rule for Kansas voters | The Kansas City Star

A federal appeals court on Friday handed a significant setback to Kansas Secretary of State Kris Kobach’s efforts to require all new and re-registering voters to provide a document proving citizenship. The 10th Circuit Court of Appeals in Denver ruled that Kansas cannot require proof-of-citizenship documents — almost always a birth certificate or passport — from prospective voters who register using a federal voter registration form. The court also said that a federal agency doesn’t have to alter the form to fit Kansas requirements. Arizona has a similar proof-of-citzenship requirement, and Kobach argued the case on behalf of both states in conjunction with Arizona Secretary of State Ken Bennett. The Kansas requirement is separate from a section of state law requiring voters to show photo ID at the polls.

National: Voters encounter faulty machines, website crashes and other sporadic Election Day problems | Associated Press

Voters around the country encountered malfunctioning machines, website crashes and delayed polling place openings, but the problems for the most part appeared sporadic rather than systemic and there was no immediate indication that they factored in the outcome of an election. Beyond routine mechanical problems, the midterm elections Tuesday also represented for some states the first major tests of new voter identification laws that opponents say disenfranchise minorities and the poor. In Texas, where the U.S. Supreme Court last month let stand a strict photo ID law, there were reports of “voter confusion about how and whether their votes would be counted,” according to Election Protection, a voter advocacy coalition. The law, which Democrats had said would prevent roughly 650,000 people from casting a ballot, meant voters had to show one of seven approved kinds of photo identification. The law has not previously been used in congressional elections or a high-profile race for governor such as the one Tuesday, won by Republican Greg Abbott.

National: Voter laws: Stumbling blocks | The Economist

According to some civil-rights groups, voting on Tuesday was a bit of a mess. Changes to voting laws in more than a dozen states caused confusion, frustration, long lines and turned-away voters. Some people arrived at the polls in Texas without a valid photo-ID, while others in North Carolina were sent packing even though the state’s voter-ID law doesn’t take effect until 2016. Thousands of voters called hotlines complaining about inaccurate voter rolls, malfunctioning machines and bewildering new rules. Some volunteers at polling stations were reportedly just as flustered as everyone else. Such complaints are unsurprising. America wins few awards for administering orderly and streamlined elections. The way citizens register and vote is “still in the dark ages in many ways,” says Wendy Weiser of the Brennan Centre for Justice, a public-policy think-tank. Most states rely on a paper-based registration system, and many close registration weeks before election day. Few allow voters to vote early, which leads to crowding and last-minute hiccups at polling stations. Polling staff tend to be untrained volunteers, and many machines are either incredibly old or new and untested. Different states also have different voter laws, with little integration of voter data, which makes it tricky when people move.

Editorials: Midterm Election Results 2014: Did Voter ID Laws Help Republicans Win The Senate Majority? | Howard Koplowitz /International Business Times

Thousands of voters in Texas, North Carolina and Georgia said they were unable to cast ballots in Tuesday’s midterm elections amid growing efforts by Republicans to stamp out voter fraud. The complaints suggest that a slew of laws passed in recent years by GOP lawmakers and blasted by critics as a modern-day poll tax aimed at suppressing Democratic turnout may have influenced the results in some of the nation’s most contested contents. In states that recently passed election reform laws, voters said they were turned away because they didn’t have photo identification or after they showed up at the wrong precinct. Voters also complained of long lines, faulty voting machines, language hurdles and confusion over voter requirements, according to the nonpartisan coalition Election Protection. In all, the nonprofit fielded 18,000 complaints, a 30 percent increase from 2010, according to the Seattle Post‑Intelligencer. Republicans have led efforts in recent years to require photo identification and reduce or eliminate early voting or same-day voter registration because of alleged incidents of voter fraud. But critics argue that the laws suppress voter turnout of key Democratic demographics, including low-income, black, Hispanic, female and young voters.

National: As New Rules Take Effect, Voters Report Problems in Some States | New York Times

Some longtime voters in Texas reported on Tuesday that they were refused a ballot because they lacked newly required photo identification. In North Carolina, voters who showed up at the wrong precinct were unable to vote, reflecting a new policy. And in Georgia, hundreds of frustrated people called a hotline to say they were unsure if their voter registrations had been processed, some of the thousands of would-be new voters who reportedly faced uncertainty. In many cases, the accounts seemed to reflect concerns raised by civic groups and civil rights leaders that new photo identification requirements in several states and cutbacks in early voting and same-day registration in others would deter significant numbers of people from participating in the elections. Most of the new policies were adopted by Republican legislatures in the name of electoral integrity, even though evidence of voter fraud has been negligible. They are opposed by Democrats who say tighter rules are aimed at discouraging minorities, poor people and college students, groups that tend to prefer Democrats, from voting. Many of the changes adopted in recent years “will make it harder for millions of Americans to participate,” said Wendy R. Weiser, director of the democracy program at the Brennan Center for Justice at New York University School of Law. “But the problems of disenfranchisement don’t show up in a visible way,” Ms. Weiser added. “It’s people who don’t show up, or someone’s who’s turned away.”

Texas: Voter ID Law Hinders Some, Inspires Other Voters to Come Prepared — and Angry | Dallas Observer

In one West Dallas neighborhood, roughly 25 to 30 percent of eligible voters do not have a valid photo identification for voting. This area, along with sections near Fair Park, have the highest rates in the city. Yet speaking to voters outside C.F. Carr Elementary School, one of the central voting locations in the neighborhood, voters were, for the most part, well-prepared. And more important, many were more adamant about voting this year because of the voter ID law. See also: Dallasites without Voter IDs Are Generally Poor, Non-White and — Surprise! — Democrats Kameha Brown voted early last week, but says she has had a few friends who were discouraged from voting because they did not have a proper ID. “I had a friend who came in with the voter registration card, and they said with the new ID law, we cannot let you vote unless you have the ID,” Brown says. “It’s causing a lot of confusion, and people are getting upset.”

Texas: Voter-ID law: So, is it suppressing voters? | The Economist

Anyone who hopes to vote in Texas this year needs an approved form of government-issued photo ID. Concealed handgun licences count; student IDs do not. The state’s Republican lawmakers introduced this requirement in 2011, arguing that it would prevent fraud and ensure the integrity of elections. They passed it over the objections of Democrats, who maintained that voter-ID laws are merely a cynical way to suppress turnout—especially among African-Americans, Hispanics and poor people—and who have continued to fight the law in court on that basis. The legal wrangling has thus far been inconclusive, and confusing. Texas was finally able to implement its voter-ID law in time for this year’s primaries, as a result of Shelby County v Holder, the Supreme Court decision in 2013 that struck down part of the Voting Rights Act (meaning that a number of states with a history of discriminating against minority voters, including Texas, no longer need the federal government to clear new voting restrictions). But then on October 8th a federal judge struck down Texas’s law on its own merits, ruling that insofar as some 600,000 registered voters in the state lacked the relevant forms of ID—about 4.5% of the state’s registered voters—the requirement was tantamount to a “poll tax.”  On October 18th, though, with the early voting period set to begin about 48 hours later, the Supreme Court allowed the law to remain in place for the general election. Debate over the law promises to continue. But this year, for the first time, Texans will finally be able to assess its impact in practice.

Texas: What’s ahead in Texas voter ID battle | Austin American-Statesman

Texas Attorney General Greg Abbott won the most recent round in the fight to require voters to show valid photo identification to cast ballots, but a potentially much bigger fight looms beyond Tuesday. Abbott’s victory has only short-lived implications, since last month’s U.S. Supreme Court ruling that allowed Texas to enforce its voter ID law will affect only Tuesday’s election. But later a federal judge may decide whether Texas should once again be required to ask for permission from the federal government before enacting changes to election laws, a ruling that could affect Texas and possibly other states for years. “That might be bigger than the ID issue itself,” said Richard Hasen, an election law expert and a professor at the University of California, Irvine School of Law. Texas and North Carolina, which also has a voter ID law facing a legal challenge, are test cases for the Justice Department, Hasen said.

Texas: Little demand for voter ID cards, but some hit obstacles | Houston Chronicle

Every document Casper Pryor could think of that bore his name was folded in the back pocket of his jeans. But sitting on a curb Thursday, a can of Sprite in hand, Pryor wasn’t sure whether those papers and the hour-long bus ride he had taken to get to Holman Street would result in a crucial new piece of ID. An ID that would allow the 33-year-old Houston native to vote. Election identification certificates were designed for the 600,000 to 750,000 voters who lack any of the six officially recognized forms of photo ID needed at the polls, according to estimates developed by the Texas secretary of state and the U.S. Department of Justice. Legislators created the EICs, which are free, in part to quell criticism that enforcing the state’s much-litigated ID law amounted to a poll tax that could disenfranchise low-income and minority voters. But as of Thursday, only 371 EICs had been issued across Texas since June 2013. By comparison, Georgia issued 2,182 free voter ID cards during its first year enforcing a voter ID law in 2006, and Mississippi has issued 2,539 in the 10 months its new law has been in place. Both states accept more forms of photo identification at polls than Texas does, so fewer voters there would need to apply for election-specific IDs. In Texas, some would-be voters are hitting roadblocks.

Editorials: This is what it’s like to try to get a Voter ID when you’re disabled, poor or don’t drive | The Washington Post

What’s the big deal about getting an ID? You need one, after all, to participate in society in all kinds of other ways — to drive, to get married, to buy beer. Surely the requirement to show an ID on Election Day can’t be that burdensome. This is a common defense of Voter ID laws like the kind now on the books in Texas, ostensibly meant to curb voter fraud. But it glosses over the reality of life for some voters, who may struggle to get around because of disabilities, who may lack the seemingly small sums necessary to pay for documentation, who may not have the flexible scheduling to visit a government office twice, or three times, or more. Small obstacles like these are magnified in the frantic days leading up to the election — and add to this the confusion that ensues when people who have voted for years are suddenly told at their familiar polling places they don’t have what they need this time.

Virginia: Voting rights groups mobilize for Election Day and new photo ID law | The Washington Post

When Virginia’s new voter identification law goes into effect statewide Tuesday, voting rights groups will monitor select polling places to help people comply with the rules, which are among the nation’s strictest. For years, voters have been required to provide identification at the polls, but this year — for the first time in Virginia — an ID with a photograph will be required. “We’re all very concerned about the implementation of the photo ID law across the state and whether or not voters have been educated about the fact that they need a photo ID to vote,” said Hope Amezquita, staff attorney and legislative council at the ACLU of Virginia.

Texas: Ginsburg Was Right: Texas’ Extreme Voter ID Law Is Stopping People From Voting | Huffington Post

A Texas voter ID law considered to be one of the most restrictive in the country is doing exactly what Supreme Court Justice Ruth Bader Ginsburg warned it would do: stopping Americans from voting. A disabled woman in Travis County was turned away from voting because she couldn’t afford to pay her parking tickets. An IHOP dishwasher from Mercedes can’t afford the cost of getting a new birth certificate, which he would need to obtain the special photo ID card required for voting. A student at a historically black college in Marshall, who registered some of her fellow students to vote, won’t be able to cast a ballot herself because her driver’s license isn’t from Texas and the state wouldn’t accept her student identification card. There are plenty of stories like this coming out of Texas in the early voting period leading up to Election Day. Texas’ tough voter ID law, signed by Gov. Rick Perry in 2011, requires voters to show one of seven types of photo identification. Concealed handgun licenses are allowed, but college student IDs are not, nor are driver’s licenses that have been expired for more than sixty days.

Editorials: The new world of voter suppression | Los Angeles Times

A week from Tuesday, voters will choose an entirely new House of Representatives, a third of the U.S. Senate and the governors of 36 states. Lamentably, many qualified voters will stay home, some out of apathy or disillusionment but others because they lack the right sort of identification. In Texas, thanks to an outrageous order by the Supreme Court, voters will have to display a photo ID under a law that a lower court judge concluded was a deliberate attempt to disenfranchise blacks and Latinos, who disproportionately lack such identification. Welcome to the new world of voter suppression, the culmination of a sustained effort by mostly Republican state legislators to make it harder for Americans to exercise the most basic right afforded to citizens in a democracy. It’s an effort whose effect, if not its intent, has been to reduce the participation at the ballot box by groups that historically have been the victims of discrimination. It has been abetted by a Supreme Court that blithely gutted an important section of the landmark 1965 Voting Rights Act and by a Congress that has been to slow to undo the damage caused by the court.

Editorials: Why no vote fraud where ID is optional? | Richard Posner/Des Moines Register

The movement in a number of states including Wisconsin to require voters to prove eligibility by presenting a photo of themselves when they try to vote has placed an undue burden on the right to vote. Wisconsin’s statute permits voters to use only a Wisconsin driver’s license or Wisconsin state card, a military or tribal ID card, a passport, a naturalization certificate if issued within two years, a student ID (so long as it contains the student’s signature, the card’s expiration date and proof that the student really is enrolled in a school), or an unexpired receipt from a driver’s license/ID application. Wisconsin does not recognize military veteran IDs, student ID cards without a signature and other government-issued IDs. A recent national survey found that millions of American citizens do not have readily available documentary proof of citizenship. Many more — primarily women — do not have proof of citizenship with their current name. The survey also showed that millions of American citizens do not have government-issued photo identification, such as a driver’s license or passport. Finally, the survey demonstrated that certain groups — primarily poor, elderly and minority citizens — are less likely to possess these forms of documentation than the general population. … Consider the effect of strict voter ID laws on lawful turnout. The panel opinion does not discuss the cost of obtaining a photo ID. It assumes the cost is negligible. That’s an easy assumption for federal judges to make, since we are given photo IDs by court security free of charge. And we have upper-middle-class salaries.

Texas: Analysis: A Missing Piece in the Voter ID Debate | The Texas Tribune

Republican state officials working to pass a voter photo ID law in 2011 knew that more than 500,000 of the state’s registered voters did not have the credentials needed to cast ballots under the new requirement. But they did not share that information with lawmakers rushing to pass the legislation. Now that the bill is law, in-person voters must present one of seven specified forms of photo identification in order to have their votes counted. A federal judge in Corpus Christi has found the law unconstitutional, but the U.S. Supreme Court has ruled that the state can leave it in place for the November election while appeals proceed. The details about the number of voters affected emerged during the challenge to the law, and were included in the findings of U.S. District Judge Nelva Gonzales Ramos. During the 2011 legislative struggle to pass the voter ID law, she wrote, Republican lawmakers asked the Texas secretary of state, who runs elections, and the Texas Department of Public Safety, which maintains driver’s license information, for the number of registered voters who did not have state-issued photo identification. The answer: at least a half-million.

Wisconsin: State high court: no reason to reconsider its voter ID ruling | Milwaukee Journal-Sentinel

The state Supreme Court won’t reconsider its ruling last summer upholding the state’s requirement that voters show photo ID at the polls. The brief order issued this week by Wisconsin’s highest court denied a request by minority groups to block the voter ID law. Despite that ruling, the requirement won’t be in effect for the Nov. 4 election. That’s because the U.S. Supreme Court issued an order earlier this month temporarily blocking the law while lawsuits against it wind through the federal courts. After that setback from the high federal court, state Attorney General J.B. Van Hollen said last week that he was giving up on his efforts to reinstate the law ahead of the upcoming election. Voters need a score card to track the dizzying rounds of litigation against the law and the dramatic reversals in those cases over the past two years. The request denied Wednesday by the seven-person state Supreme Court was made by two local minority groups who say the law violates their constitutional right to vote.

Editorials: Judging the Right to Vote | Matthew McKnight/The New Yorker

Early voting began on Monday in Texas and Wisconsin. As a result of recent rulings by the U.S. Supreme Court, Texas residents will need a particular form of identification to vote; Wisconsinites can vote without one. On Saturday, the Supreme Court issued an order, in response to an emergency request from the Justice Department and various civil-rights groups, that permits Texas to enforce a voter-I.D. law that had been struck down twice by lower courts. The Texas law had previously been found to violate Section 2 of the Voting Rights Act, which prohibits racist discrimination, because it requires that voters in the state obtain one of seven types of identification that are not held by many African-Americans and Hispanics. Justice Ruth Bader Ginsburg wrote a dissent for the Court, which Justices Elena Kagan and Sonia Sotomayor signed. Ginsburg called the conditions under which elections in Texas will now take place “the strictest regime in the country.” She argued that the rigidity of Texas’s law distinguished it from Wisconsin’s law. “For example, Wisconsin’s law permits a photo ID from an in-state four-year college and one from a federally recognized Indian tribe,” Ginsburg wrote. “Texas, under Senate Bill 14, accepts neither.” The court’s tone was a contrast from earlier this month, when it stopped Wisconsin from implementing its voter-I.D. law because of the proximity of the upcoming election. The rationale had little, if anything, to do with the plaintiffs’ argument that certain communities of voters—the poor, the elderly, the African-Americans, the Latinos—were being disproportionately burdened in trying to obtain the proper form of identification. There are at least two lines of logic that the Court is using to address the set of voting-rights cases that it has reviewed leading up to November’s election. One, as exhibited in Wisconsin, asserts that, just weeks out, it is too late to implement changes to voting permissions. The other is less straightforward, not least because the Court did not affirmatively defend its decision in the Texas case, and calls into question the way that the right to vote has been interpreted, as well as the role of the Supreme Court in offering clarity.

Arkansas: Counties scramble to make changes to voter ID materials before election | KATV

The law requiring Arkansans to show their photo identification at the polls in order to vote, is no longer law following Wednesday’s state supreme court ruling. But as early voting begins on Monday, counties are scrambling to make last minute changes, redoing things they’ve already done in order to get the proper information to polling sites. Workers at the Saline County Clerk’s office say they’ll work into the night packing boxes full of supplies for polling sites. But, because of the voter ID law being struck down, they’re having to take some items out of the box, like signs asking voters to show their identification. “The early voting sites, we’re going to have to change all of those. all of the signage we spent money on, taxpayer money on, all of those are going to have to be pulled out of the thing that’s going to be sent out. those will no longer be in place,” said Saline County Clerk Doug Curtis.

Editorials: The Supreme Court and voting rights: Silent treatment | The Economist

The supreme Court’s weirdly busy October brings to mind an old Cadillac commercial showing a sedan gliding silently down the highway, driver calm and confident in a hermetic, leather-appointed cabin, while the announcer intones, “quietly doing things very well.” Whether the justices are doing their jobs well depends on your point of view. But there is no disputing that they have been doing their most consequential work in uncharacteristic silence in recent weeks. The justices’ moves on gay marriage, abortion and voting rights have been delivered all but wordlessly, as Dahlia Lithwick of Slate recounts. The notable exception to the rule is Ruth Bader Ginsburg, the justice who refused to hold her tongue over the weekend, when six of her colleagues permitted Texas to enforce its new photo identification law in the November elections. The Court’s announcement came down at the ungodly hour of 5am on Saturday. It followed a federal district court decision on October 9th that the Texas law was discriminatory in both intent and effect and “constitutes a poll tax”—a ruling that was stayed by the Fifth Circuit Court on October 11th. The stay prompted an emergency appeal to the Supreme Court via Antonin Scalia, the justice assigned to the Fifth Circuit. The six justices who denied the request to lift the stay before dawn on October 18th were mum as to why; they released no reasoning for the decision, which effectively gives Texas’s questionable voter law a pass. But Justice Ginsburg and her clerks apparently ordered pizza and downed some Red Bull on Friday evening, pulling an all-nighter to compose a six-page dissent, which Justices Sonia Sotomayor and Elena Kagan joined. (Rick Hasen asks why Justice Stephen Breyer, the fourth liberal justice, did not sign on to the dissent; one strong possibility is that he was asleep.)

Virginia: Voting advocates fear impact of voter ID law | Associated Press

Voting rights groups are worried that Virginia’s new voter ID law, which will require people to show a photo ID to vote, will disenfranchise some in next month’s midterm elections. “There are so many cases where voters who have every right to vote potentially can be turned away,” said Anne Sterling, president of the League of Women Voters of Virginia. She said rural, poor and elderly voters could face a harder burden. It’s an issue in states across the U.S., with the Supreme Court last weekend allowing Texas to use its strict voter ID law, over the vehement objection of three justices. The Texas law, unlike Virginia’s, doesn’t allow college student IDs as a form of identification. Defenders of Virginia’s law say it provides ample opportunities for people who don’t have photo IDs to get them in time to vote. And opponents such as the League of Women Voters are working to help people obtain IDs ahead of the election.

National: Why Voter ID Laws Aren’t Really about Fraud | PBS

Voters going to the polls in Texas starting this week will have to show one of a few specific forms of photo ID under a controversial new law upheld by the U.S. Supreme Court over the weekend. The Texas law — along with 15 other voter ID laws passed since 2010 — was billed as a way to prevent people from impersonating eligible voters at the polls. But voter ID laws don’t address what appears to be a more common source of voter fraud: mail-in absentee ballots. A FRONTLINE analysis of voting laws nationwide found that only six of the 31 states that require ID at the polls apply those standards to absentee voters, who are generally whiter and older than in-person voters. And two states with strict photo ID policies for in-person voters — Rhode Island and Georgia — have recently passed bills that allow anyone to mail in a ballot. Voter fraud generally rarely happens. When it does, election law experts say it happens more often through mail-in ballots than people impersonating eligible voters at the polls. An analysis by News21, a journalism project at Arizona State University, found 28 cases of voter fraud convictions since 2000. Of those, 14 percent involved absentee ballot fraud. Voter impersonation, the form of fraud that voter ID laws are designed to prevent, made up only 3.6 percent of those cases. (Other types included double voting, the most common form, at 25 percent, and felons voting when they were prohibited from doing so. But neither of those would be prevented by voter ID laws, either.)

Editorials: Vote suppression culprits | USA Today

You’d think the world’s oldest democracy would be constantly working to make sure that as many people as possible vote in elections such as the one two weeks from today, which will decide who runs everything from city governments to Congress. Instead, what’s clear in the countdown to Nov. 4 are the ways a nation built on the proposition that the vote is the great equalizer limits the number of people who actually go to the polls. Too much of this is deliberate. Republican legislatures have enacted all sorts of thinly disguised ways to suppress the vote of people who don’t typically vote GOP, including minorities, the poor, the elderly and college students. Ohio and North Carolina have cut back early voting, for example, making it tougher for working people to vote. The most offensive restrictions, though, are tough photo ID requirements, which have spread to at least 16 Republican-dominated states — a number that fluctuates as courts strike down or uphold the laws. On Saturday, the Supreme Court upheld the Texas ID law, widely regarded as the nation’s most punitive.

Editorials: In Texas voter ID ruling, justices side with more obstacles at the polls | Dallas Morning News

Could it be that the Supreme Court justices overlooked the elegant simplicity of Texas’ traditional election system? We’re talking about the tried-and-true method in place for years, before the Legislature invented a crisis of voter fraud and imposed a photo ID law that places more obstacles before the voting booth. If the justices understood the state’s time-tested system, they wouldn’t have bought the argument that it was too close to Election Day to reinstate it, in favor of the relatively new photo ID requirement. Let’s recall the Texas voting system that was in place before the Republican-controlled Legislature swept it aside in 2011. A registered voter could enter the voting booth by presenting pretty much any ID or document that proved identity, with or without a photo. It might have been a voter registration card or driver’s license. It might have been a library card. It might have been an electric bill, a phone bill or a water bill. The point was to show election workers who you were and where you lived, so long as it coincided with the name on the voter rolls. The beauty of that system was this: If someone stole Grandma’s purse and ID cards, or if — God forbid! — she let her driver’s license expire the year before, she’d still have papers at home she could take to the polls to get a ballot. Grandma would not lose the right to vote on Election Day on a technicality.

Texas: High court action on Texas ID law shows mixed record on voting rights | Los Angeles Times

“There is no right more basic in our democracy than the right to participate in electing our political leaders,” Chief Justice John G. Roberts Jr. wrote in April. Roberts spoke then for the court’s conservative majority in striking down part of a federal election law so as to allow a wealthy Republican businessman from Alabama to give more money to candidates across the country. The contribution limit restricted the donor’s free speech, Roberts concluded, and the Constitution requires the court to err on the side of safeguarding that cherished 1st Amendment protection. But the right to vote, which is the way most Americans participate in a democracy, has gotten far less protection from the Supreme Court under Roberts. There is no starker example than the high court order early Saturday allowing Texas to enforce a new photo identification law that a federal judge had blocked earlier this month after deciding the law would prevent as many as 5% of the state’s registered voters, or 600,000 people in all, from casting a ballot.

Editorials: In Judge’s Footnote, a Heavy Slap at Texas’ Past | Ross Ramsey/New York Times

Strange things show up in the footnotes of federal court rulings. Consider this one in a ruling by a federal judge in Corpus Christi, Tex., that the state’s voter photo ID law is unconstitutional: “The Texas Legislature did not vote to ratify the 24th Amendment’s abolition of the poll tax until the 2009 legislative session,” and “the process has not been completed and the measure last went to the Secretary of State.” That came up early in an excoriating 147-page ruling from United States District Judge Nelva Gonzales Ramos that the state’s voter photo ID law, also known as Senate Bill 14, “creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans, and was imposed with an unconstitutional discriminatory purpose. The court further holds that SB 14 constitutes an unconstitutional poll tax.” Civil and voting rights history echoes throughout the ruling. The first footnote cites Lincoln’s Gettysburg Address. The poll tax prohibition, amended into the Constitution in 1964, shows up a few pages later in a discussion of the state’s history of blocking access to elections.

Editorials: Midterms: The Voter ID Mess | Steven H. Wright/The New York Review of Books

One could be forgiven for being confused about where things stand with voter ID laws in this fall’s midterm elections. A slew of federal-court orders, some of them still unresolved, have altered voting practices and procedures in a number of states, just weeks before voters go to the polls. Already, election officials and candidates have vowed to make a special effort to educate voters about what exactly awaits them on November 4. But there is a larger concern that has received much less attention: whether state election authorities can prevent confusion among poll workers themselves—the people who have the de-facto last word in determining whether you are eligible to vote. Consider the conflicting rulings that have been issued in the last few days alone. On Monday, a federal appeals court reversed a decision by a district court and put Wisconsin’s stringent voter-ID requirement back into effect—a ruling that would require voters to show state-approved identification when they vote in November. But on Thursday, the Supreme Court put the Wisconsin law on hold again. Meanwhile, in Texas, it remains unclear whether a law requiring photo identification will apply, following a decision by a federal judge, also on Thursday, that is now being appealed by the Texas state attorney general. Nor are these isolated cases. In the past two weeks, the Supreme Court has overturned lower court decisions effecting voting practices in Ohio and North Carolina. In late September, a federal court in Alaska required state election officials to provide bilingual voting materials to Native-American voters. The Kansas Supreme Court, also in late September, ordered the Kansas Secretary of State to remove the Democratic nominee for Senate from the ballot. Litigants in Arkansas await decisions on the state’s contested voter-ID laws.

Arkansas: High Court Strikes Down Voter ID Law | Associated Press

Arkansas’ highest court on Wednesday struck down a state law that requires voters to show photo identification before casting a ballot, ruling the requirement unconstitutional just days before early voting begins for the Nov. 4 election. In a decision that could have major implications in the state’s election, the state Supreme Court upheld a lower court ruling that determined the law violated the Arkansas Constitution by adding an additional requirement before voting. Pulaski County Circuit Judge Tim Fox struck down the law in May but suspended his ruling while it was being appealed. Arkansas is among a handful of states where voter ID requirements have been in limbo. Last week, the U.S. Supreme Court allowed new restrictions to take effect in North Carolina but blocked Wisconsin’s voter ID requirement.