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Unknown Beatle

(2,672 posts)
Thu Oct 9, 2014, 09:51 PM Oct 2014

Federal Court Blocks Texas Voter ID Law, Calling It A 'Poll Tax'

Source: Huffington Post

WASHINGTON -- A federal judge in Texas struck down the state’s voter ID law on Thursday, calling the measure an “unconstitutional poll tax” that creates “an unconstitutional burden on the right to vote” intended to discriminate against Hispanic and African-American citizens.

In a 147-page opinion, U.S. District Judge Nelva Gonzales Ramos, an appointee of President Barack Obama confirmed to the bench in 2011, ruled that the law passed by Texas legislators and signed by Gov. Rick Perry (R) took an “unorthodox” approach they knew would have a disparate impact on minority voters.

While Ramos found no “smoking guns” of racist intentions in passing the legislation, she said the state legislature's 2011 session was “racially charged.” She concluded that the sponsors of the measure “were motivated, at the very least in part, because of and not merely in spite of the voter ID law’s detrimental effects on the African-American and Hispanic electorate.”

A spokeswoman for Texas Attorney General Greg Abbott said the state would "immediately appeal."

Read more: http://www.huffingtonpost.com/2014/10/09/texas-voter-id_n_5962674.html

34 replies = new reply since forum marked as read
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Federal Court Blocks Texas Voter ID Law, Calling It A 'Poll Tax' (Original Post) Unknown Beatle Oct 2014 OP
And that's why Judicial Appointments matter, Sen. Harry Reid KeepItReal Oct 2014 #1
It is shocking that the Dems haven't made the Repubs pay a political price for their... stillwaiting Oct 2014 #20
Precisely!! KeepItReal Oct 2014 #22
It is a poll tax Gothmog Oct 2014 #2
+1 freshwest Oct 2014 #10
if such id's were free, would it still be a poll tax? redruddyred Oct 2014 #13
Racists rarely know they are racists Android3.14 Oct 2014 #14
This issue happened here in PA BumRushDaShow Oct 2014 #15
Even elderly voters are protected by the 26th Amendment meow2u3 Oct 2014 #16
Definitely BumRushDaShow Oct 2014 #21
The GOP was not in good faith at all in Texas Gothmog Oct 2014 #17
isn't this all a little bit late tho? redruddyred Oct 2014 #23
No, it is not too late Gothmog Oct 2014 #24
and so we're now counting on SCOTUS to chime in before oct 20? redruddyred Oct 2014 #25
In Texas you do not have to provide a photo id if voting by mail Gothmog Oct 2014 #26
texas also blocked vote by mail for most people. here's the rules. Sunlei Oct 2014 #27
The disability exemption is self-certification with no legal standard for voting by mail Gothmog Oct 2014 #28
good information to know about Texas, vote by mail thank you! Sunlei Oct 2014 #31
Here is the link Gothmog Oct 2014 #33
thanks for the info. redruddyred Oct 2014 #34
your friends might believe that, who knows Enrique Oct 2014 #32
Wow, things are really popping tonight Iwillnevergiveup Oct 2014 #3
A bad day for the Koch brothers is a good day for America Jack Rabbit Oct 2014 #4
Agreed-the Texas bill was an ALEC inspired bill Gothmog Oct 2014 #18
Kick and Hell yes Recommend! sheshe2 Oct 2014 #5
Proving that Republicans long for the good old days of KKK influence. nt onehandle Oct 2014 #6
Bout time! vlyons Oct 2014 #7
And the choir sang: "Hallelujah! " Ilsa Oct 2014 #8
Hope appealing this white hurts Abbott and improves minority turnout! Dustlawyer Oct 2014 #9
Damned Straight! Tell the voters! freshwest Oct 2014 #11
My county party is sending a mailer to Hispanic voters with that message Gothmog Oct 2014 #29
If played right and enough are registered, this could be the game changer we are looking for! Dustlawyer Oct 2014 #30
These 21st Century poll taxes prove the Southern Bigot States still need preclearance. Bigots are blkmusclmachine Oct 2014 #12
Texas will be subject to preclearance again under this ruling Gothmog Oct 2014 #19

KeepItReal

(7,769 posts)
1. And that's why Judicial Appointments matter, Sen. Harry Reid
Thu Oct 9, 2014, 10:28 PM
Oct 2014

Let's get all those 200+ nominations by President Obama confirmed!

stillwaiting

(3,795 posts)
20. It is shocking that the Dems haven't made the Repubs pay a political price for their...
Fri Oct 10, 2014, 08:41 AM
Oct 2014

... historical levels of obstructionism.

They rarely try to bring the public's attention to the matter, and when they do they do so weakly and ineffectually.

KeepItReal

(7,769 posts)
22. Precisely!!
Fri Oct 10, 2014, 12:04 PM
Oct 2014

To me it's an indictment on the President, Reid, Pelosi and Wasserman-Schultz.

That's the GOP's biggest weakness they refuse to exploit effectively - especially in the US Senate.

Gothmog

(145,291 posts)
2. It is a poll tax
Thu Oct 9, 2014, 10:28 PM
Oct 2014

You can not vote or get a "free" id without paying for the documents needed for such "free" id

 

redruddyred

(1,615 posts)
13. if such id's were free, would it still be a poll tax?
Fri Oct 10, 2014, 02:38 AM
Oct 2014

I won't argue that the legislators intended to silence the minority vote; that seems clear enough. but my republican friends seem to think that the law is in good faith.

my impression is that they think illegal aliens are voting and influencing the outcomes of elections.

 

Android3.14

(5,402 posts)
14. Racists rarely know they are racists
Fri Oct 10, 2014, 07:03 AM
Oct 2014

If their agenda were as popular as they say it is, they would be trying to make it easier to vote. In their heads, they justify the racist behavior because they are trying to protect the "integrity" of the process (you know, keeping people from voting multiple times, despite barely a peep of evidence that this happens).

So how do they do this? They make it difficult for poor and minority folks to vote. Why the poor and minorities? Because (and here is where the racism resides) it's a matter of fact in their minds that the poor black and brown folks are more inclined to cheat than white wealthy people.

When someone calls another person an ignorant racist, they are not saying the racist is unlearned. They are saying the bigot is so fucking stupid he or she is incapable of even realizing they are a racist.

BumRushDaShow

(129,060 posts)
15. This issue happened here in PA
Fri Oct 10, 2014, 08:05 AM
Oct 2014

where criteria to obtain the Voter ID for those who had no other state-defined "acceptable" form of photo ID, required obtaining a certified copy of their birth certificate, which had a cost associated (i.e., anyone born in the state of PA could get copies, but for a fee). When this was brought out in state court, the state's representative who was testifying before the court when this cost issue was brought up during the questioning, literally announced while testifying, that the state would now waive the fee...

The 24th Amendment of the Constitution states -

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.


And the 15th Amendment states -

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.[1]


The 19th Amendment of the Constitution states -

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.


The 26th Amendment states -

Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Section 2. The Congress shall have the power to enforce this article by appropriate legislation.[1]


The Voting Rights Act of 1965 was needed to essentially invalidate Sect. 2 of the 14th Amendment, which has a loophole not really addressed in the subsequent amendments (i.e., it mentions punitive actions if a state did disenfranchise adult male residents, which apparently acknowledged that a state could still disenfranchise).

Basically, those arguing in court against the imposition of the Voter IDs have invoked these other amendments by showing why certain communities (who were covered under those other amendments) would be negatively impacted (minority voters - 15th amendment & certain younger voters - 26th amendment).

meow2u3

(24,764 posts)
16. Even elderly voters are protected by the 26th Amendment
Fri Oct 10, 2014, 08:22 AM
Oct 2014

It's not just younger voters 18 and up who are protected against age discrimination in voting. Seniors are, too, and they too are targets of unconstitutional photo ID laws.

BumRushDaShow

(129,060 posts)
21. Definitely
Fri Oct 10, 2014, 08:44 AM
Oct 2014

They are more vulnerable to these types of laws as many cases were highlighted about elderly voters denied due to lack of a driver's license and inability to obtain birth certificates to prove residency/citizenship (where many were born at home and the records not properly recorded).

Rev. Al highlighted several and in fact, the main case used to battle the law here in PA involved then 93-year old Viviette Applewhite.

I'll never forget CNBC's Jim Cramer whining about his father's potential disenfranchisement due to the PA Voter ID law. See... when it impacts non-minorities, all of a sudden it becomes an issue. The law was struck down multiple times at various levels of our state courts and after that last time, the Corbett administration finally relented and declined to appeal it yet again to the state Supreme Court.

Gothmog

(145,291 posts)
17. The GOP was not in good faith at all in Texas
Fri Oct 10, 2014, 08:29 AM
Oct 2014

Senators Kirk Watson and Wendy Davis and a number of state house members proposed 104 amendments to make the law less unfair and these amendments were all rejected because the GOP wanted the law to be unfair. The court found that there was an intent to discriminate against Hispanic and African American voters as part of the law. Any republican who claims that the law was done in good faith is ignorant of the facts.

The free ids are very hard to get. There were going to be a nightmare with voters being disenfranchised.

Gothmog

(145,291 posts)
24. No, it is not too late
Fri Oct 10, 2014, 09:49 PM
Oct 2014

Early voting starts Oct. 20 and the issue needs to resolved by then. I will pull the article later but Chad Dunn and G. Herbert two of the trial attorneys for the good guys) both think that it is possible to get rulings from the 5th Circuit and the SCOTUS during the next ten days. It will be tight but the are good reasons why the injunction should be left in place to prevent people from losing their right to vote. During closing arguments, the trial court asked when early voting started and her ruling was designed to give some time for both the SCOTUS and the 5th Circuit to rule. It will be tight but there should be time.

The concept is that the trial court made a great case against the Texas law and that Roberts and Kennedy will want to defer this to after the election. Kennedy and Roberts both voted to enjoin the Wisconsin voter id law and the same logic applies to this case.

 

redruddyred

(1,615 posts)
25. and so we're now counting on SCOTUS to chime in before oct 20?
Sat Oct 11, 2014, 05:06 AM
Oct 2014

I was worried that some people might not have registered in the first place, out of discouragement.

anyhow, how can you provide a photo id if you're voting by mail?

Gothmog

(145,291 posts)
26. In Texas you do not have to provide a photo id if voting by mail
Sat Oct 11, 2014, 08:31 AM
Oct 2014

Kansas, Ark and Wisconsin have this in their laws but Texas is okay. One of the Texas Democratic Party (TDP) main ways to protect against SB14 is to encourage people to vote by mail. The Texas Democratic Party has an app on its website to let you print a vote by mail application. See http://votebymail.txdemocrats.org/ Juanita Jean raised the money to pay for the programing for this app.

As for not registering voters, both Battleground and the TDP have been very active registering voters. Voter registrations are up in Texas due to these efforts.

Sunlei

(22,651 posts)
27. texas also blocked vote by mail for most people. here's the rules.
Sat Oct 11, 2014, 10:14 AM
Oct 2014

Application for a Ballot by Mail

To be eligible to vote early by mail in Texas, you must:
•be 65 years or older;
•be disabled;
be out of the county on election day and during the period for early voting by personal appearance; or
•be confined in jail, but otherwise eligible.

http://www.sos.state.tx.us/elections/voter/reqabbm.shtml

Gothmog

(145,291 posts)
28. The disability exemption is self-certification with no legal standard for voting by mail
Sat Oct 11, 2014, 12:49 PM
Oct 2014

The voter id law's disability exemption is very strict and requires a 50% or higher rating by social security or the VA. The disability exemption for voting by mail has no real standards and the voter gets to make the determination if they consider themselves disabled. The application on the Texas Democratic Party website has a blank to check if the voter considers themselves disabled. The determination by the voter as to their disability status is not subject to challenge. Again, there is no legal definition in the election code for disability for voting by mail purposes and the voter gets to make the determination.

The TDP has sent out vote by mail applications to all hard democrats who over 65 years old. We are getting a great response to these mailings. Normally, the GOP leads in early voting by mail by a large percentage and the Democrats have to make up that difference with in person voting. We can track when ballots are issued to voters and when they are returned to the election office and use this information to tailor the GOTV efforts to people who have not voted or who has not turned in their mail in ballot

The use of voting by mail helps with one group of voters hit hard by the voter id law, which is the older voters. The opinion in the Texas voter id case describes this as a poor substitute for voting in person but it is the best that we can do. The TDP is planning on voter id law being in effect for the November election just to be on the safe side. I would love to see the injunction be upheld but the 5th Cir. is full on crazy GOP right wing extremists like Edith Jones.

Sunlei

(22,651 posts)
31. good information to know about Texas, vote by mail thank you!
Sat Oct 11, 2014, 10:30 PM
Oct 2014
The application on the Texas Democratic Party website has a blank to check if the voter considers themselves disabled. The determination by the voter as to their disability status is not subject to challenge. Again, there is no legal definition in the election code for disability for voting by mail purposes and the voter gets to make the determination.

edited- can't find the application link on the Tx Democratic Party website (needs to be easier for visitors to find?)
http://www.txdemocrats.org/

Gothmog

(145,291 posts)
33. Here is the link
Sun Oct 12, 2014, 01:18 AM
Oct 2014
http://votebymail.txdemocrats.org/ I will pass on your comments about the difficulty of finding this link. I knew where to find it because I gave money to help to get it to work.

Enrique

(27,461 posts)
32. your friends might believe that, who knows
Sat Oct 11, 2014, 11:13 PM
Oct 2014

but the officials implementing the poll tax know exactly what they are doing

Iwillnevergiveup

(9,298 posts)
3. Wow, things are really popping tonight
Thu Oct 9, 2014, 10:37 PM
Oct 2014

Along with Wisconsin's turn of events, this news from Texas is also welcome.

K&R

Dustlawyer

(10,495 posts)
9. Hope appealing this white hurts Abbott and improves minority turnout!
Fri Oct 10, 2014, 12:13 AM
Oct 2014

Hey Texas Minorities, Greg Abbott and the Republicans don't want you to vote, what are you going to do about it?

Gothmog

(145,291 posts)
29. My county party is sending a mailer to Hispanic voters with that message
Sat Oct 11, 2014, 12:51 PM
Oct 2014

Basically, the message is that Greg Abbott and the GOP does not want Hispanics to vote. This ruling will help make that message more relevant.

 

blkmusclmachine

(16,149 posts)
12. These 21st Century poll taxes prove the Southern Bigot States still need preclearance. Bigots are
Fri Oct 10, 2014, 12:42 AM
Oct 2014

going to be bigots, and Republicans know they lose when citizens are allowed to vote.

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