Editorials: Texas Voter ID Misstep | Alberto Gonzales/Fox News

As widely reported, last week a federal court rejected a Texas law that would require voters to present photo identification to election officials before being allowed to vote. This decision comes on the heels of another federal court decision that found the Republican-controlled Texas legislature had intentionally discriminated against Hispanics in drawing new legislative districts. The Texas voter ID law was signed into law last year. However, the law has never gone into effect because Texas is a covered jurisdiction under Section 5 of the Voting Rights Act of 1965, and must receive either administrative preclearance from the Department of Justice or judicial preclearance from a federal court that a proposed change in its election laws (such as a requirement to present a photo ID) will not have the effect of diminishing minority voters’ rights, and was not enacted with a specific intent to discriminate against such voters.  The Justice Department earlier objected to the new Texas law concluding it would have a disparate negative impact on minority voters. The court last week reached a similar conclusion that the legislation would impose unlawful burdens on poor minority voters.

Editorials: Voting rights cases: Made simple | SCOTUSblog

Nearly a half-century ago, Congress decided that the government could not end racial discrimination in voting simply by suing one state, county, or city at a time, because officials who were determined to keep minorities away from the polls were quickly shifting to new tactics.   The only way to keep ahead of those tactics, Congress decided, was to bar the worst offenders among state and local governments from adopting any new election laws until they had first proved they would not discriminate.   That was a massive shift in policy, and it worked: the law that Congress passed in 1965, the Voting Rights Act, is now widely credited as the most effective civil rights law in American history; even the Supreme Court has said so. But the Supreme Court has grown to be one of the skeptics about the constitutionality of the law, partly because of the very fact that the law has been so successful.    ”Things have changed in the South,” the Court commented three years ago.   And, at that time, it pondered striking down the key part of the 1965 law — Section 5 — on the theory that “the evil that Section 5 is meant to address may no longer be concentrated” in the states, counties, and cities that must obey that section.  There are nine of those states, plus local governments in seven other states, that must get permission in Washington before they may change any law dealing with voting — no matter how trivial the change.   The Court chose in 2009 to leave the law as is, but hinted that Congress should update it.

Voting Blogs: Non-Retrogression, Equal Protection, and Ohio’s Early Voting Case | Election Law @ Moritz

The United States Court of Appeals for the Sixth Circuit has set an expedited briefingschedule in the Obama campaign’s case over early voting in Ohio. The state’s brief is due this coming Monday (9/10), with Obama’s response a week later (9/17), and the state’s reply (if any) the Friday of that same week (9/21). As this appellate process gets underway, I wish to make one observation about an innovative and intriguing aspect of the federal district court’s unexpected order, issued last Friday. (In separate development, the district court has ordered Ohio’s Secretary of State Jon Husted to appear at a hearing next Thursday (9/20) to explain his response to the court’s Friday order.) The district court ruled that the state must restore for Ohio’s entire electorate the three days of early voting immediately preceding the traditional Election Day. These three days existed in 2008 and more recently, until taken away in 2011 by a convoluted series of legislative enactments (combined with some implementing directives from the Secretary of State). The district court did not base its ruling on the ground that these three days of early voting are constitutionally compelled. Rather, the court relied on the ground that the state had left open the possibility that these three days of early voting would be available only to military voters this year, and that the state did not have an adequate justification for differentiating among military and non-military voters in this way. (For further details on the court’s ruling, see my colleague Steve Huefner’s insightful analysis from the day of the district court decision.)

South Carolina: State responds to court’s voter ID ‘impediment’ questions | TPM

Want to vote in an election in South Carolina but don’t have a photo ID? Lawyers for the state say it will be as easy as explaining why and then casting your ballot. In paperwork filed on Friday in federal court, South Carolina’s lawyers defended the state’s voting laws by saying anyone without a proper photo identification would still be allowed to vote by simply explaining what “reasonable impediment” kept them from getting an ID. The filing came after a panel of judges in Washington, D.C., quizzed the attorneys last week about what South Carolina meant by the term “reasonable impediment.” In essence, the state’s attorneys said, defining the term is up to each individual voter.

Texas: Data Issues in Texas Voter ID Case Highlight Coming Battle Over Voting Rights Act | Election Academy

Last Thursday, a three-judge federal court in Washington, DC refused to clear Texas’ new voter ID law under Section 5 of the Voting Rights Act (VRA). The decision sets up an appeal to the U.S. Supreme Court – though likely not before the 2012 election – during which the constitutionality of Section 5 of the VRA is certain to come under challenge. The constitutional argument about the VRA has many facets, but the Texas case’s treatment of data about voter ID is as good an example as any of why the Act – and in particular, Section 5 – is generating so much heat lately. We’ve covered the data issues involved in voter ID many times on this blog – and both sides in the Texas case did the same. For its part, Texas produced an expert who submitted testimony suggesting that 1) a comparison with voting rates in Indiana and Georgia showed that Texas voters (especially minority voters) would not be prevented from voting because of ID and 2) minority voters possess ID at the same rates as all voters. The Justice Department countered with an expert who used matching data to determine that minority voters were more likely to lack the required ID to vote.

National: GOP Attorneys General Target Voting Rights Act, Ask Supreme Court To Strike Down Key Section | Huffington Post

Several Republican state attorneys general called a key provision of the Voting Rights Act unconstitutional and asked the Supreme Court to strike it down. The officials from Alabama, Arizona, Georgia, South Carolina, South Dakota and Texas submitted a brief in a closely watched Supreme Court case arguing that the law oversteps federal authority and places an unfair burden on certain states. The case at issue involves a plan to reshape a district in Shelby County, Ala., a largely white suburb of Birmingham. The new district maps led to the sole black council member in one of the county’s towns losing his seat. But the Justice Department blocked the certification of the voting results, and the town eventually redrew its districts. The black council member later re-won his seat.

Voting Blogs: Pennsylvania Refuses to Comply with U.S. Dept. of Justice Photo ID Document Request | Brad Blog

Pennsylvania has refused to turn over documents that the U.S. Department of Justice (DoJ) had sought in order to determine whether the state’s new polling place Photo ID restriction law is in violation of Section 2 of the Voting Rights Act (VRA) and other federal laws. As previously reported by The BRAD BLOG, on July 23, Assistant Attorney General Thomas E. Perez submitted afour-page letter [PDF] to Carol Aichele, the Acting Secretary of the Commonwealth of Pennsylvania (coincidentally, the wife of Gov. Tom Corbett’s Chief of Staff), requesting information in electronic format for 16 broad categories of documents that the DoJ felt were needed to evaluate whether the Keystone State’s Photo ID law complied with federal laws barring discriminatory election laws. In an Aug. 17 letter [PDF], the Commonwealth’s General Counsel, James D. Schultz, responded to Perez, by telling him that PA would not comply with what Schultz described as an “unprecedented attempt to compel [PA], a state not within the purview Section 5 of the VRA, to present information concerning compliance with Section 2 of the VRA.”

Alaska: State Sues U.S. Challenging Voting Rights Law Oversight | Businessweek

Alaska sued the U.S. claiming the Voting Rights Act is unconstitutional because it creates “significant, ongoing administrative burdens” and isn’t warranted based on the state’s voting rights history. Alaska said the law’s preclearance requirement creates uncertainty and delay and “places Alaska’s elections at the mercy of Department of Justice attorneys,” according to a complaint filed today in federal court in Washington. The law intrudes on the state’s sovereignty without evidence Alaska discriminates against minority voters, the complaint alleges. “Section 5’s preclearance requirement denies Alaska the flexibility and autonomy necessary to run its elections in a manner that best accounts for local conditions and circumstances,” the state said in the lawsuit.

Voting Blogs: The Effects of Florida’s HB1355 Early Voting Law on Turnout | electionsmith

As was reported widely in the press, if not entirely accurately, last Thursday night a Washington, DC, panel of federal judges handed down a unanimous ruling that restrictions placed on early voting in Florida should continue not to be implemented in the five counties covered by Section 5 of the 1975 amendments to the 1965 Voting Rights Act.  Florida, said the judges, “has failed to satisfy its burden of proving that those changes will not have a retrogressive effect on minority voters.” With respect to early voting, House Bill 1355–which was passed on party line votes by the Florida legislature and signed into law by Republican Governor Rick Scott in May 2011–is likely to have a differential impact it is likely to have on racial and ethnic minority voters in the 2012 general election.  In addition to my testimony before the US Senate on the topic, I’ve co-authored with Professor Michael Herron of Dartmouth College a soon-to-be published article in Election Law Journal that reveals the heavy reliance of early voting by minorities in the 2008 general election.  We found that in the 10 Florida counties that offered voting on the final Sunday of early voting in 2008, there was a surge in turnout among minority voters, especially African Americans.  That final Sunday of voting was eliminated under HB1355. Since then, Florida voters have participated in two statewide primary elections in 2012 under a dual system of elections, which very well may violate state law.

Texas: Texas Attorney General is positioned to become point man on historic challenge to voting law | The Statesman

With his signature on the Voting Rights Act of 1965, President Lyndon Johnson, a Democrat from Texas, outlawed discriminatory election practices that had been adopted in many southern states including Texas. Now, almost half a century later, another Texan, Attorney General Greg Abbott, could find himself in a position to dismantle a key section of the historic act that he thinks is unfair. For the past several weeks, a panel of federal judges in Washington, D.C., has been pondering what to do with Texas’ 2011 voter identification law — one of the nation’s strictest laws requiring voters to show one of a few forms of ID to cast ballots. If Texas loses in federal court, as many observers believe is likely, Abbott will be in a position to challenge the constitutionality of Section 5 of the Voting Rights Act — arguably the most significant provision in the law that says Texas and several other jurisdictions with discriminatory histories must get the blessing of the federal government before they make any changes to election laws.

Florida: Scott must figure out what to do with early voting | StAugustine.com

Twelve years after Florida decided the 2000 presidential election, one of the nation’s biggest swing states is confronting a legal and political quandary over its voting standards. A federal court in Washington D.C., ruled late Thursday that new restrictions on early voting passed by the Republican-controlled Florida Legislature cannot take effect in five counties covered by federal voting laws. The ruling — which said the changes could hurt participation by blacks — raises the prospect of having longer early-voting periods in places such Tampa than in urban areas such as Miami, Fort Lauderdale and Orlando. Some voting groups — and Democratic politicians — called on Republican Gov. Rick Scott to immediately force all counties to impose the same time period for early voting. The law passed last year kept the maximum total hours of early voting hours the same, but it reduced the days in which early voting was available. The Scott administration on Friday was still reviewing the 119-page ruling.

Florida: DoJ says Florida’s voter purge violates federal law | MiamiHerald.com

The U.S. government wants to block Florida from resuming its purge of suspected noncitizens from the voter rolls, saying it would violate federal law. The Justice Department filed papers in U.S. District Court in Tampa accusing the state of ignoring a requirement that it first obtain approval for such action because five Florida counties are subject to federal pre-clearance of changes in voting procedures: Hillsborough, Collier, Hardee, Hendry and Monroe. The removal of noncitizens in a presidential election year has mushroomed into a major controversy, with Democrats and left-leaning voter advocacy groups accusing Gov. Rick Scott and the Republican Party of using the purge to suppress voter turnout in a state widely seen as a must-win for both presidential candidates.

Editorials: Why Today’s Voter ID Face-off in Pennsylvania Is Crucial | The Nation

Pennsylvania Secretary of State Carol Aichele had a message for the hundreds of people gathered at the State Capitol yesterday to rally against voter ID laws: “Go home” and find ways to make their fellow citizens comply with the state’s controversial law. “We hope that some of the people who are outside would go home from this rally,” said Aichele during a closed-door press conference. “Focus that energy, go home and find five people who need transportation to a [driver’s license] ID center and take those people to get photo identification.” Today, a court will begin hearing arguments in a case to determine whether the state’s voters must in fact carry Aichele’s burden. Ten Pennsylvania residents will seek to demonstrate how the state denied them ID for voting purposes, thereby showing the harmful effect of the law that is required to knock it down. The voters’ lawyers are seeking an injunction to stop the law due to the problems it poses for hundreds of thousands of voters. For an injunction, they don’t have to prove the law violates voters’ rights. They need only to convince a judge that there are too many unresolved issues with the law that deserve deeper scrutiny. The legal push and pull over voter ID laws has moved through a growing number of states, as federal and state courts weigh the laws’ constitutionality. The fight in Pennsylvania, like an earlier one in Wisconsin, stands out in that plaintiffs believe they’ll be able to show clear harm to specific groups of people, including along racial lines.

National: Will Voter ID Cost Obama the Election? | HispanicBusiness.com

With polls showing President Obama and Mitt Romney locked in a desperately close race for the presidency, will voter identification laws suppress the Democratic vote and cost Obama the election, or will they simply cut down on voter fraud as Republicans contend? What effect, if any, will the court challenges to state voter ID laws have on the laws’ impact, given the short window before the November balloting. What will the U.S. Supreme Court do and how quickly? By law the high court has to hear the appeals of the challenges. U.S. Attorney General Eric Holder laid down the gauntlet for the administration in his speech to the NAACP annual convention in Houston July 10. “As many of you know, yesterday was the first day of trial in a case that the state of Texas filed against the Justice Department, under Section 5 of the Voting Rights Act, seeking approval of its proposed voter ID law. After close review, the department found that this law would be harmful to minority voters — and we rejected its implementation. “Under the proposed law, concealed handgun licenses would be acceptable forms of photo ID — but student IDs would not,” Holder said. “Many of those without IDs would have to travel great distances to get them — and some would struggle to pay for the documents they might need to obtain them.” Holder said some recent studies show only 8 percent of white voting age citizens nationally lack a government-issued ID, while 25 percent of African-American voting age citizens lack one. “But let me be clear: We will not allow political pretexts to disenfranchise American citizens of their most precious right,” Holder said.

Pennsylvania: Voter ID Law Goes to Court | The Nation

Tomorrow the Commonwealth Court of Pennsylvania will hear a challenge to the state’s new voter ID law from the ACLU and other voting rights groups. The lead plaintiff is Viviette Applewhite, a 93-year-old great-great grandmother who marched with Martin Luther King Jr. Applewhite worked as a hotel housekeeper and never had a driver’s license. Four years ago, her purse was stolen and she lost her Social Security card. Because she was adopted and married twice, she cannot obtain the documents needed to comply with the state’s voter ID law. After voting in every election for the past fifty years, she will lose the right to vote this November. The ACLU will argue that Pennsylvania’s voter ID law needlessly disenfranchises voters like Applewhite and violates Article I, Section 5, of the state constitution, which states: “Elections shall be free and equal; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” As in Wisconsin, where two federal judges have blocked that state’s voter ID law, the Pennsylvania Constitution affords strong protections to the right to vote. (The Justice Department is also investigating whether the law violates Section 2 of the Voting Rights Act.)

National: Voting Rights Act Section 5 challenges reach Supreme Court | SCOTUSblog

Attorneys for challengers to the constitutionality of the 1965 voting rights law’s key provision for federal regulation of state and local election laws urged the Supreme Court on Friday to settle the issue in the next Term, starting October 1.  One new case arrived from the town of Kinston in North Carolina and a second came from Shelby County in Alabama.  The D.C. Circuit Court has upheld the provision at issue — Section 5 — although the Supreme Court itself three years ago raised significant questions about its validity. The Kinston case reached the Court this morning.  The petition is here, and the appendix (a large file) is here.  The Shelby County case was filed in early afternoon; the petition ishere, and the D.C. Circuit Court ruling in that case is here.   Not only has the time come to examine the constitutional questions the Court has raised, the Kinston petition argued, but the Justice Department’s “overzealous manner” of enforcement of Section 5 has put heavy new burdens on state and local governments covered by that provision.   The Shelby County petition argued that the renewed law puts states into “federal receivership,” raising “fundamental questions of state sovereignty,” while denying equality only to designated states – predominantly in the South.  Shelby County also assailed the Justice Department’s “needlessly aggressive exercise” of its veto powers over state and local election laws.

Editorials: Political scientist makes case against Texas voter ID law | The Statesman

The process of electing representatives in the U.S. has always been a contentious one. At its core there are political parties and candidates vying for power. However, the politics of setting election procedures and policy is perhaps even more contentious than the elections themselves. The debate about the integrity of the election process and how to balance it against the basic democratic principle of expanding voter participation is not new; the Founders deliberated over the same concerns we discuss today. The question is, what trade-offs do we consent to in order to protect the integrity of the election process while expanding suffrage? The basis for integrity is honesty and fairness. If we believe that our election processes are fair and honest, we can trust their results. However, if we perceive these processes to be fraught with fraudulent practices or participants we conclude that the results are wrong and an affront to our democratic ideals. Some pundits and elected officials have focused on voter fraud as a real threat, pointing out that thousands of Americans have lost faith in the election process as a result. In this context, voter fraud usually refers to registering voters who are ineligible such as noncitizens, voting “from the grave,” or one person voting multiple times or in multiple jurisdictions (sometimes through absentee ballots).

Voting Blogs: Judges Seem Ready To Mess With Texas’ Voter ID Law | TPM

A panel of three federal judges in D.C. posed skeptical questions on Friday about Texas’ voter ID law during closing arguments in a trial about whether the measure is discriminatory. The panel of federal judges — George W. Bush appointee Rosemary M. Collyer, Clinton appointee David S. Tatel and Obama appointee Robert L. Wilkins — hopes to issue a ruling on the case in “quick order,” according to Collyer, who expressed doubts about the findings of Texas’ experts in the case. John Hughes, a lawyer for Texas, argued in his closing arguments that people who want to vote already have an ID or can easily get it. Hughes argued that if the state’s voter ID law really disenfranchised anyone the D.C. “courtroom would be filled” with Texans who couldn’t obtain voter ID. In one of the more awkward exchanges, Hughes offered a semi-defense of literacy tests after one judge said that the reason literacy tests were racist years ago was because of inequalities in the education system. The judge asked if it was Texas’ theory that there would be a problem with literacy tests today. Setting aside other laws banning literacy tests and poll taxes, Hughes said he did not believe a literacy test would violate Section 5 of the Voting Rights Act.

Texas: Judges Will Rule on Voter ID | Roll Call

The war over this election’s voting rules is heating up, drawing crowds this week to a closely watched federal court trial in Washington, D.C., where a three-judge panel is hearing arguments for and against a contested Texas voter ID law. “This is certainly something that is going to have broad reverberations beyond Texas,” said Wendy Weiser, who directs the Democracy Program at New York University School of Law’s Brennan Center for Justice. The center is on the legal team representing Latino and civil rights leaders who have intervened in the case. Immediately at issue is whether the Texas law discriminates against minority voters by requiring a photo ID at the polls. But the case could reverberate all the way up to the Supreme Court. Texas has also challenged the constitutionality of Section 5 of the 1965 Voting Rights Act, which requires states with a history of discrimination to obtain Justice Department approval before changing their voting rules.

National: Texas case puts voter ID laws to test | The Washington Post

Voter ID laws face a high-profile test this week as the U.S. District Court in Washington, DC hears arguments about Texas’ controversial new regulations. The case pits Texas against Attorney General Eric Holder, who has earned the ire of Republicans across the country for challenging new voting restrictions. Republicans say the Justice Department should be more concerned about fraud; the DOJ counters that these laws suppress minority turnout. Gov. Rick Perry (R) signed Texas’ voter ID law in May 2011. The state already required an ID to vote; the new law requires a photo ID. Those who don’t have a valid photo ID can apply for a new “election identification certificate.” As a state with a history of voter discrimination, Texas must get preclearance from the Department of Justice for changes in election law. The DOJ blocked Texas’ law under Section 5 of the 1965 Voting Rights Act, declaring that it would disproportionately affect Hispanic voters.

Texas: Voter ID fight returning to federal court | Houston Chronicle

The decades-old legal battle between states’ rights and civil rights returns to a familiar venue – a federal courtroom – on Monday as lawyers for the state of Texas try to convince a panel of judges that the U.S. Justice Department has no legal authority to block the state from immediately implementing a voter ID law. Civil rights groups contend that Texas’ 2011 law requiring voters to provide identification with a photo issued by the state or the military discriminates against minority citizens and violates the federal Voting Rights Act. They say it harkens back to state laws designed to disenfranchise minorities, such as poll taxes and literacy tests. “The effort to suppress the vote is not a new thing,” said Leon W. Russell, vice chairman of the NAACP Board of Directors. “What we’ve seen in the last two years, though, is the most egregious effort to compound and collect every single method that anybody could think of that would discourage a person to vote and put it in a piece of legislation and inflict it on our community.”

National: US Supreme Court expected to hear Shelby County’s challenge to the Voting Rights Act | al.com

The U.S. Supreme Court ended its term with a flurry of decisions in cases with strong Alabama connections, and there are signs that trend will continue this fall as Shelby County prepares to send the justices its challenge to the Voting Rights Act in the next few weeks. The Shelby County case has been a contender for Supreme Court review ever since it was filed two years ago, and the likelihood has increased as other similar voting cases have slowed down and Shelby County’s has speeded up. It’s had two hearings in federal court and two decisions, both of which upheld the constitutionality of key sections of the Voting Rights Act. The Supreme Court is the next and last stop for the county, which is trying to dismantle the 47-year-old law that puts elections in all or part of 16 states under strict federal supervision. “We are proceeding with our plan to file a petition with the Supreme Court,” said Shelby County’s attorney, Frank “Butch” Ellis of Columbiana.

New Hampshire: Photo ID still has federal hurdle | NEWS0604

Lawmakers and others were celebrating the override of Gov. John Lynch’s veto of the photo identification bill, but the celebration may have come a little too early. The pending law must be reviewed by the U.S. Department of Justice because any significant changes in state election laws — and requiring photo identification is a significant change — have to be reviewed. New Hampshire — the only Northern state affected — and 15 other states are subject to Section 5 of the Voting Rights Act of 1965, which seeks to eliminate discriminatory voting practices that bar or hinder voting by minorities. New Hampshire was snagged in the 1968 presidential election when 10 towns were identified with less than 50 percent of adults voting in the a presidential election, a violation of the act.

New Hampshire: Attorney General Holder could block Voter ID | New Hampshire Watchdog

U.S Attorney General Eric Holder could be the last hurdle between New Hampshire and its new Voter ID law. Granite State lawmakers may have overcome the objection of Governor John Lynch to the state’s new Voter ID law, but they may still have to get Holder’s permission. Under Section 5 of the Voting Rights Act of 1965, the Department of Justice must “pre-clear” any changes in election laws affecting ten New Hampshire communities. The House and Senate overrode Lynch’s veto to a new Voter ID law on Wednesday, meaning voters will have to show photo identification at the polls this fall, or sign an affidavit that they are who they claim to be. New Hampshire Assistant Attorney General Matt Mavrogeorge tells New Hampshire Watchdog that his office has let Washington know that the new law is on the books. “We’ve been in contact with the lawyers in Washington to let them know about the law,” Mavrogeorge says. “We don’t anticipate any problems.”

South Carolina: Justice Department again nixes voter ID law | Rock Hill Herald

The U.S. Justice Department has turned down South Carolina’s voter identification law for a second time as the state’s lawsuit against the federal government moves forward. “I remain unable to conclude that the State of South Carolina has carried its burden of showing that the submitted change in Section 5 of Act R54 neither has a discriminatory purpose nor will have a discriminatory effect,” Assistant Attorney General Thomas Perez wrote in a letter Friday to an attorney representing South Carolina in its lawsuit against U.S. Attorney General Eric Holder. South Carolina Attorney General Alan Wilson sued Holder after the federal government blocked South Carolina’s photo ID requirement in December, saying it could keep tens of thousands of the state’s minorities from casting ballots. It was the first such law to be refused by the federal agency in nearly 20 years. The Justice Department has said the law failed to meet requirements of the 1965 Voting Rights Act, which requires approval from that agency for changes to South Carolina’s election laws because of the state’s past failure to protect blacks’ voting rights.

Alaska: Federal government role in Alaska elections questioned | adn.com

Alaska election officials should not be barred from implementing the new redistricting plan because a requirement that the plan be approved by the federal government is unconstitutional, attorneys for the state contend. A federal three-judge panel is scheduled to hear arguments Thursday in the case brought by several Alaska Natives, who want the state barred from implementing the plan until the U.S. Justice Department weighs in on it. Justice has about a month yet to do so. Alaska’s primary is scheduled for Aug. 28. A divided Alaska Supreme Court in May approved use of the plan for this year’s elections, but any plan must pass muster both with the courts and Justice.

Alaska: Attorney General Challenges Voting Rights Act ‘Preclearance’ | Alaska Dispatch

In a Thursday press reelase, the state of Alaska has expressed its opposition to the federal requirement that Alaska obtain federal pre-clearance for changes the state makes to its election process. The announcement comes more than a week after a U.S. District court judge ruled in Anchorage that preparations for the next Alaska election can proceed, pending federal approval of a revised plan to redraw the state’s election districts based on data from the 2010 Census. The judge didn’t rule on the merits of the plan, but did pave the way for a three-judge panel to consider on June 28 whether election planning can proceed pending final approval from the U.S. Department of Justice under Section 5 of the U.S. Voting Rights Act.

Florida: Voter Purge Adds to Debate Over Voting Rights Act | Article 3

In this firefight, the first shot was Governor Scott’s, the next belonged to the Department of Justice and the winner might just be the civil rights era Voting Rights Act up for Supreme Court review next term. What’s the story? Governor Scott’s chief election official announced Florida’s intention to sue the Department of Homeland Security for access to a federal database that would help state officials better identify and remove non-citizens currently on their voter rolls. Moments later the Justice Department counter-sued Florida for violation of federal laws. Why? Unlike other Southern States, from Alabama to Mississippi to Virginia, the state of Florida is not covered as a whole but it does have five jurisdictions subject to Section 5 of the 1965 Voting Rights Act. Passed in an effort to outlaw discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans, Section 5 of the Voting Rights Act requires covered jurisdictions to seek preclearance from federal judges, or the Department of Justice, before changes can be made “to any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting.” Florida’s unilateral action was in violation of this act.

Texas: State bracing for legal battle against feds over voter ID law | Houston Chronicle

Texas is preparing for a legal showdown next month in federal court over a new voter photo ID law passed by the Legislature but blocked by the Justice Department which cited discrimination against minority voters. “We objected to a photo ID requirement in Texas because it would have had a disproportionate impact on Hispanic voters,” U.S. Attorney General Eric Holder told a recent conference of black clergy. Despite legal maneuvering by Texas and Justice Department lawyers, a three-judge U.S. District Court panel has cleared the docket for a July 9 trial. And it remains highly questionable whether the new law could be implemented in Texas by the November general election.

National: From Alabama, an epic challenge to voting rights | Reuters

Four years ago, in Calera, asmall city of gentle hills, tall oaks and nine stoplights, an invisible line was drawn a few miles north of the center of town. It stretched up beyond Highway 22 and looped west across Interstate 65, sweeping in recent housing developments, the brown-brick Concord Baptist Church and a new Wal-Mart. The narrow five-square-mile rectangle enlarged Voting District 2. It also radically changed the district’s racial mix. The expansion brought in hundreds of white voters, cutting the proportion of black registered voters to one-third from more than two-thirds. The city, which said it had to redraw its district map to account for a population increase and land annexations, contended the new boundaries would not discriminate against blacks. The U.S. Department of Justice was not persuaded. In a tersely worded, three-page letter emailed to the Calera city attorney on August 25, 2008, it voided the new map.