[EL] Texas Voter ID Law

[John Tanner]

for those who missed it the first time ....

http://www.statesman.com/opinion/tanner-why-voter-id-wont-fly-in-texas-788809.html



On Sat, May 28, 2011 at 1:02 AM, Vince Leibowitz
<vince.leibowitz at gmail.com>wrote:

>  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 <http://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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