The 5th Circuit Court of Appeals on Wednesday struck down the state’s voter ID law – widely considered the most restrictive in the country – as being in non-compliance with the Voting Rights Act.
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The 5th U.S. Circuit Court of Appeals saw some flaws in that conclusion, and instructed the lower court to reconsider that element of the case and rule again – preferably after Election Day. The seven acceptable forms of photo ID included the following: a Texas Driver’s license, free Texas election identification certificate (EIC), Texas personal ID card, Texas license to carry a concealed handgun, US military ID card, USA citizenship certificate, and US passport.
A federal judge in Wisconsin on Tuesday softened that state’s law, saying people without a photo ID should be able to vote in November if they agree to sign an affidavit explaining why they could not obtain identification.
Voter ID’s disparate impact on racial minorities formed the backbone of Veasey v. Abbott, the case that was just decided by the Fifth Circuit.
Because of that split decision, the appeals court suggested that the law should be softened, though not struck down.
“First, although the record does not contain direct evidence that the Texas Legislature passed SB 14 with a racially invidious goal, this does not mean there is no evidence that supports a finding of discriminatory intent….Instead, courts may consider both circumstantial and direct evidence of intent as may be available”.
African American, Hispanic and poor voters were most likely to be affected, the court found. “This is a huge win for voting rights in Texas and across our nation”. In Wednesday’s ruling, the majority rejected that argument. In a statement issued this afternoon, Paxton said, “It is imperative that the state government safeguards our elections and ensures the integrity of our democratic process”.
The majority also affirmed the lower court’s finding that Texas’ “lackluster educational efforts resulted in additional burdens on Texas voters”.
The law’s path through the courts has been winding. But the Supreme Court intervened to keep the law in effect for the 2014 elections, where it caused problems for some voters.
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The Texas case and another challenge to North Carolina’s array of voting restrictions are the leading contenders among many voting rights cases to get to the Supreme Court as early as next year, when the justices could define what types of voting changes are allowed and prohibited under the Voting Rights Act. The appeals court left it to Judge Ramos to devise the specific remedy.
