“But the fact that a voter without an approved form of SB 14 ID and without a birth certificate, in order to vote, must pay a fee to receive a certified copy of his or her birth certificate, which is functionally essential for an EIC, violates the 24th Amendment as an impermissible poll tax.”
“The unconstitutionality of SB 14 lies not just in the fees the State charges for birth certificates, although that is part of it. It is not just about causing people to make extra trips — in many cases covering significant distance — to county and state offices to get their photo IDs, although that is part of it. It is not just about making people figure out the requirements on their own and choose whether to go to work or go get a photo ID, although that is part of it. It is not just about creating a second class of voters who can only vote by mail, although that is part of it. And it is not just about placing the administration of voting rights in the hands of a law enforcement agency, although that, too, is part of it. The unconstitutionality of SB 14 lies also in the Texas Legislature’s willingness and ability to place unnecessary obstacles in the way of a minority that is least able to overcome them. It is too easy to think that everyone ought to have a photo ID when so many do, but the right to vote of good citizens of the State of Texas should not be substantially burdened simply because the hurdles might appear to be low. For these Plaintiffs and so many more like them, they are not.”
Those are the words of U.S. District Judge Nelva Gonzales Ramos (pictured) as she struck down the Voter ID law of the state of Texas. She found what many of us in Texas had been saying all along -- that the law was not passed to eliminate voter fraud (which is almost nonexistent in the state), but to suppress the votes of minorities (who are more likely to vote for Democrats). In addition to primarily being an effort to suppress voting by Republicans, she also ruled the law included, in effect, an unconstitutional poll tax.
A recent Supreme Court decision had ruled that states could not be singled out to be subject to the Voting Rights Act unless it was shown that the state had recently acted to discriminate against minority voters. The case in Texas was so obviously discriminatory against minorities that Judge Ramos says she will consider ruling that Texas must be put back under that law (which would mean Texas would have to continue clearing any voting changes with the U.S. Department of Justice).
This is huge since Texas could have as many as 600,000 people who don't have one of the required IDs, but are qualified to vote otherwise. Attorney General Abbott, who has a personal interest in this case (since he is running for governor this year), has said he will immediately appeal the decision to the 5th Circuit Court of Appeals and asked that Judge Ramos' decision be stayed until after the upcoming election.
Will Texas voters have to show a picture ID before voting this year? We'll have to wait and see what the 5th Circuit Court of Appeals does in the next few days before knowing that. But things just got very interesting in Texas.
(The photo of Judge Ramos above is from the Corpus Christi Caller-Times.)
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