[EL] Texas Voter ID Law

[Vince Leibowitz]

I've covered this and other voter ID attempts in Texas for several sessions now. I interviewed John Tanner about this early in the session as part of a piece I did for the San Antonio Current ( Link:  http://www2.sacurrent.com/news/story.asp?id=71999 )

With regard to securing the ID, I think some of his comments are particularly relevant:

Experts, however, caution that the proposal the Senate passed will have a tremendous impact on the poor, people in some rural communities, and minorities.

John Tanner, former chief of the Voting Section of the U.S. Department of Justice’s Civil Rights Division during the last Bush administration, says Texas offers unique impediments that will block voters from obtaining photo identification that states like Indiana and Georgia — where voter ID laws passed and were deemed constitutional by the courts — did not have.

“I think the key in Texas is the distance involved,” Tanner said. “In Texas, the DPS offices are, if I understand it, as much as 170 miles from people. In South Texas, which is predominantly Latino, you have as a prime example Presidio County. The county seat is Marfa, but it is 100 miles from the city of Presidio, and there is no real reason for anyone to go to Marfa; it’s a special trip,” he says.

He notes that for urban residents trying to get to a DPS office by public transportation — or, god forbid, walking along a freeway toward the local DPS office — is time consuming and yet another impediment placed on the poor, working poor, and the elderly or disabled.

Tanner also cautions that it’s highly likely not all DPS offices will provide the language services that are necessary to assist people attempting to get their ID. “People forget that most of these people who don’t speak English are citizens, though many weren’t born in the U.S.,” he said, noting that the language test for citizenship is very simple and far different from conversing in the bureaucratic legalese necessary to obtain an ID.

Vince Leibowitz
Principal Consultant
The Dawn Group
DGTexas.com
512.705.7001 c

Sent from my iPad

On May 27, 2011, at 11:37 PM, Joey Fishkin <joey.fishkin at gmail.com> wrote:

> 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
> 
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