Midterm Election 2014: Texas Voter ID Law Reinstated by Appeals Court Despite Discriminatory Effect on Latino, Black Voters
The U.S. Court of Appeals for the 5th Circuit reversed a district court judge's ruling and reinstated the strict voter identification law in Texas days before early voting begins.
The three-judge panel, based in New Orleans, allowed the Texas voter ID law to be implemented in time for the midterm Election Day on Nov. 4. The three judges, in an unanimous vote, claimed Texas officials have a "significant interest in ensuring the proper and consistent running of its election machinery."
"We are pleased that the appeals court has unanimously agreed that Texas' voter ID law should remain in effect for the upcoming election, which is the right choice in order to avoid voter confusion," said Texas Attorney General Greg Abbott's Deputy Communications Director Lauren Bean. "The State will continue to defend the voter ID law and remains confident that the district court's misguided ruling will be overturned on the merits. The U.S. Supreme Court has already ruled that voter ID laws are a legal and sensible way to protect the integrity of elections."
The Court of Appeals for the 5th Circuit has allowed opponents of the Texas voter ID law to appeal to the U.S. Supreme Court.
As Latin Post reported, U.S. District Judge Nelva Gonzales Ramos of Corpus Christi, Texas, had ruled the voter ID law would "create 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."
Although she voted to reinstate the Texas voter ID law, 5th Circuit Judge Edith Brown Clement wrote the opinion, and noted, "The district court issued a thorough order finding that the Texas voter ID law is discriminatory. We should be extremely reluctant to have an election take place under a law that a district court has found, and that our court may find, is discriminatory. As always, however, we must follow the dictates of the Supreme Court."
The latest decision comes as early voting in Texas is scheduled to begin on Monday, Oct. 20. Abbott, a Republican, is also running to become the state's next governor against Democratic candidate Wendy Davis. On Facebook, Davis addressed the latest voter ID ruling, "It's deeply disturbing that Greg Abbott would call a law the court said is intentionally discriminatory against African-Americans and Hispanics a 'victory'. As the court further said, it's nothing more than a 'poll tax', which means democracy and all Texans lose."
Texas Secretary of State Nandita Berry clarified the seven approved methods of photo ID for registered voters. Registered Texas voters will need to present one of the following:
- Texas Driver License -- issued by the Texas Department of Public Safety (DPS),
- Texas Personal Identification Card -- issued by DPS,
- Texas Concealed Handgun License -- issued by DPS,
- United States Military Identification card containing the person's photograph,
- United States Citizenship Certificate containing the person's photograph,
- United States Passport -- issued by the U.S. government,
- Election Identification Certificate -- issued free by DPS.
Berry's office noted that with the exception of the U.S. citizenship certificate, the other forms of photo ID can be current or expired no more than 60 days.
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