AUSTIN, Texas (AP) — U.S. District Judge Nelva Gonzales Ramos of Corpus Christi has declared Texas’ strict voter identification law unconstitutional, likening it to a poll tax meant to deliberately suppress minority voter turnout. Her nearly 150-page ruling Thursday came barely three weeks before Election Day. Here’s some background on the law and where the federal case against it stands.
Q: How does this affect the Nov. 4 election?
That depends, though early voting will still begin Oct. 20 as scheduled and Election Day won’t be delayed, no matter what. If Gonzales Ramos’ decision stands, 13.6 million registered voters in Texas will cast ballots under rules that predate the voter ID law. That means presenting only their county-issued voter registration card or a valid government-issued photo identification card. However, the office of Attorney General Greg Abbott says the law is constitutional and plans to immediately appeal, which could suspend Gonzales Ramos’ ruling long enough to hold the election with the voter ID law still in effect. Lauren Bean, a spokeswoman for Abbott’s office, says officials there will “take all legal action necessary to avoid voter confusion and ensure that the law is in effect for the upcoming election.”
Q: Where would an appeal go?
A: A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans. The court has traditionally sided with conservative causes, and voter ID has been championed by top Republicans in Texas and elsewhere around the country as helping to ensure the integrity of elections. In contrast, Gonzales Ramos, was appointed by President Barack Obama.
Q: How long would it take the 5th Circuit to rule?
A: That’s up to the panel, though it may act quickly to preserve the law in time for this year’s election. Once Abbott appeals, the panel likely will allow the law’s opponents time to respond, but it could decide on the matter quickly beyond that. Whichever side loses should appeal either to the full 5th Circuit or, perhaps more likely, to the U.S. Supreme Court.
Q: What exactly is the voter ID law?
A: Approved by the GOP-controlled Texas Legislature in 2011, the law requires voters to show one of seven kinds of photo ID in order to vote, with or without a voter registration card. The permissible IDs are: a Texas driver’s license, U.S. passport, a state-issued ID card, a state-issued election certificate, a Texas concealed handgun license, a U.S. military ID or a citizenship certificate with a photograph issued by the federal government.
Q: How did the court case against it begin?
A: Advocates and legal experts sued in federal court, arguing that Texas was deliberately discriminating against poor, largely minority voters by placing an undue burden with the ID requirement. The law was initially blocked after a ruling that found it could hurt the poor and minorities while violating the 1965 Voting Rights Act. But Texas was allowed to implement the voter ID requirements after the Supreme Court last year struck down the part of the act that required nine mostly southern states with a history of discrimination to seek approval before changing election laws. Texas conducted two smaller statewide elections under its voter ID law, during which there were anecdotal reports of confusion but few widespread issues with voters not being able to cast ballots because they lacked proper identification. However, turnout should be far higher this year because of the governor’s race.
