Voter ID Law Now in Force in Texas

By Robert Franklin, Special Contributor

The recent decision by the US Supreme Court, invalidating a section of the Voting Rights Act of 1965, appears to clear the way for the implementation of the Texas Voter Identification Law in the next election to be held in this state.

The Voting Rights Act contained provisions in sections 4 and 5 that required certain states with a history of voter suppression to receive pre-clearance in order to modify any existing voting laws. Pre-clearance could be accomplished by either having the Justice Department approving the voting modification, or by the state seeking a declaratory judgment by a three judge panel of the US District Court for the District of Columbia that the modification does not violate federal voting standards. Certain entire states, including Texas, as well as some counties in other states, have had such a history of voter suppression, that this provision for pre-clearance was directed solely at them.  Other states were permitted to modify their voting laws and regulations without requiring pre-clearance, but were still subject to review by the federal courts afterwards. This created a rebuttable presumption that any modification of voting laws by the suspect states was evil in intent.

As a result of the 5-4 decision in Shelby County v Holder, section four has been declared unconstitutional.  The reasoning was that the criteria for placing a state or county on the suspect list has remained virtually unchanged since 1965, and so is antiquated.  The court did not invalidate the pre-clearance requirement, just the criteria for being placed on the pre-clearance list.  Congress still has the right to modify the Voting Rights Act to update the criteria.

Because of this decision, Texas now claims that its Voter ID bill is in force. Lawsuits can still be brought trying to demonstrate the law suppresses voters, but such laws do not require pre-clearance in order to be put into effect.

The areas of concern about the Texas Voter ID law include:

• The acceptable photo identification is limited to a Texas driver’s license, a Texas personal identity card, a Texas election identification certificate, or a Texas concealed handgun license, a military identification, a US citizenship certificate or US passport. No other form of identification is permitted. Visiting college students attending Texas universities will encounter voting problems. Eligible voters who do not have a driver’s license will be required to obtain another form of identification.
• The photo identification must be current. There is very little definition of a current identification.  For example, an otherwise eligible voter might be turned away if his license has been suspended.  There are an estimated two million driver’s licenses currently suspended, and it is possible that these persons will be ineligible to vote for something as simple as an unpaid parking ticket.
• If the name on the identification is not an exact match to the voter registration, the voter may be turned away. It is not unusual for there to be a discrepancy; persons include middle names on some documents but not others. Also, married women might have a driver’s license that lists, for example, ‘Mary Smith,’ while the voter registration was in the name of ‘Mrs. Harry Smith.’
• The new law permits the election judge to determine if the ‘voter’s name on the documentation is substantially similar to but does not match exactly with the name on the list.’ The election judge is the sole arbiter of this issue. Who is appointed election judge? The political party that received the most votes for Governor in the prior election selects the election judge for the particular precinct. So, the Republican election judge in a precinct that is heavily Republican will determine the qualification of a Democratic voter to be eligible to vote. Even if there is an alternate Democratic election judge present, his job is merely to observe; he cannot overrule the Republican judge.

How to protect yourself and others? Steps include:

• Verify that the name and address on your voter registration card is identical to your driver’s license.  If there is any discrepancy, including an initial as opposed to a full middle name, or any address change. Be sure to mail in a new voter registration postcard as soon as possible.
• Secondly, volunteer to be a poll watcher or alternate judge in any precinct where there is an appointed Republican election judge. Your mere presence will help to reduce voter intimidation techniques. 
• Third, write your US Senators and US House of Representative and explain that new criteria need to be enacted under section four of the Voting Rights Act. Finally, notify your state Senators and State Representatives that the Voter ID law enacted in Texas is merely a voter suppression technique disguised as an unnecessary voter integrity measure when virtually no voter fraud has occurred within this state in decades.

Robert Franklin is the Treasurer of North Dallas Texas Democratic Women