[EL] Texas Voter ID Law

[Joey Fishkin]

Hi everyone.  I've been a reader of this list on and off for a few years now; I've learned a lot from you all. I've just finished my first year of teaching at UT Law.

Here in Texas, Governor Perry has just signed a relatively strict photo ID law (as Justin reported on the election law blog).  A link to the bill text is here:
http://www.capitol.state.tx.us/tlodocs/82R/billtext/html/SB00014F.htm

Before this bill, Texas law allowed various non-photo documents to count as acceptable ID such as a voter registration certificate, birth certificate, utility bill, paycheck, bank statement, official government mail addressed to you, etc.  I assume that will be the baseline for preclearance purposes.  The new law allows only the following:
- current, unexpired [or expired within 60 days] driver's license, personal identification certificate (i.e. "non-driver's license" from the DMV), passport, or concealed handgun permit; or
- U.S. citizenship certificate with photo; or
- something new, a special "election identification certificate" with a photo that the DMV will issue, for no fee, to those who lack any other form of acceptable ID.  This special certificate is apparently different from a regular non-driver's card (the statute says it "may not be used or accepted as a personal identification certificate.")  It's just for elections.  It expires on a date to be specified by the DMV, but for people 70 and older, it doesn't expire.

Those without one of these IDs on election day can cast a provisional ballot but then must show up and present one of these IDs to the registrar of voters within six days.  There is an exemption certain voters with disabilities can apply for.  (I read reports of a more comprehensive exemption for voters 70 and older but I don't see it in the bill.)


My uninformed guess is that Texas will head to DC District Court to try to preclear this.  I'm very curious as to any of your thoughts about whether it (a) should be precleared or (b) will be precleared.

J

Joseph Fishkin
Assistant Professor
University of Texas School of Law
727 E. Dean Keeton St., Austin, TX 78705
jfishkin at law.utexas.edu