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Wed Jun 26, 2013, 03:53 PM

First law suit attacking voter id under Section 2 has been filed

https://docs.google.com/file/d/0BxeOfQQnUr_gdWRsUm14amh0WDA/edit?usp=sharing Chad Dunn is also the main outside attorney for the Texas Democratic Party. The law suit is well done and it is clear that the Chad and company have been ready for an adverse ruling on Section 5 of the Voting Rights Act
This is the DU member formerly known as Gothmog.

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Reply First law suit attacking voter id under Section 2 has been filed (Original post)
Gothmog Jun 2013 OP
PDittie Jun 2013 #1
Gothmog Jun 2013 #4
TexasTowelie Jun 2013 #2
sonias Jun 2013 #3
sonias Jun 2013 #5
TxDemChem Jun 2013 #6
LeftInTX Jun 2013 #7
onestepforward Jun 2013 #8
LeftInTX Jun 2013 #9
northoftheborder Jun 2013 #10
sonias Jun 2013 #11
Gothmog Jun 2013 #12
Gothmog Jun 2013 #13

Response to Gothmog (Original post)

Wed Jun 26, 2013, 04:18 PM

1. Well done

With Veazey, et.al.'s action against voter ID, it's time for all you legal eagles to start billing some hours.

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Response to PDittie (Reply #1)

Wed Jun 26, 2013, 04:31 PM

4. I think that they need to add a poll tax count to the lawsuit

I think that the Texas voter id law is an illegal poll tax. The Missouri State Supreme Court ruled that a very similar law was a poll tax because the only way that one could get a "free" id is to pay for a birth certificate Weinschenk v. State, 203 SW 3d 201 - Mo: Supreme Court 2006- The Missouri state Supreme Court held that a voter id law that required a birth certificate to vote was a poll tax http://scholar.google.com/scholar_case?case=16462019301480907426
This is the DU member formerly known as Gothmog.

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Response to Gothmog (Original post)

Wed Jun 26, 2013, 04:19 PM

2. Additional coverage from the Houston Chronicle:

AUSTIN, Texas (AP) — A Democratic congressman has joined seven others in filing a federal lawsuit to keep Texas from enforcing its voter ID law.

U.S. Rep. Marc Veasey of Fort Worth filed the papers Wednesday in Corpus Christi, calling the requirement to show a state-issued photo ID card at the ballot box unconstitutional.

The lawsuit lodged comes just one day after the U.S. Supreme Court declared a section of the Voting Rights Act unconstitutional. That decision overthrew a decision by federal judges in Washington that Texas could not enforce the voter ID law.

Texas Attorney General Greg Abbott announced hours later that he would enforce it, even though the Washington court said it discriminated against minorities. The Veasey suit uses the same evidence and asks the Corpus Christi court to block it.

Source: http://www.chron.com/news/houston-texas/texas/article/Congressman-files-suit-to-stop-Texas-voter-ID-law-4624004.php?cmpid=houtexhcat .

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Response to Gothmog (Original post)

Wed Jun 26, 2013, 04:19 PM

3. Good; no time to spare

These cases take so long to litigate. So happy they were ready to go.

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Response to Gothmog (Original post)

Wed Jun 26, 2013, 07:35 PM

5. Congressman files suit to stop Texas voter ID law

AAS 6/26/13

Congressman files suit to stop Texas voter ID law

AUSTIN, Texas — A Democratic congressman joined seven others Wednesday in filing a federal lawsuit to keep Texas from enforcing its voter ID law.

U.S. Rep. Marc Veasey of Fort Worth filed the papers in Corpus Christi federal court, calling the requirement to show a state-issued photo ID card at the ballot box unconstitutional.

The law "would have the effect of denying thousands of Texas voters the ability to vote in person, a large number of whom would be disenfranchised entirely since absentee voting in Texas is available to only certain specified categories of voters," according to the lawsuit.

The case comes just one day after the U.S. Supreme Court declared a section of the Voting Rights Act unconstitutional. That decision overthrew a decision by federal judges in Washington that Texas could not enforce the voter ID law.


Thank you Congressman Veasey!

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Response to Gothmog (Original post)

Wed Jun 26, 2013, 08:34 PM

6. Um so glad we have lawyers who were on the case

With a contingency plan. Thank you all for protecting our right to vote.

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Response to Gothmog (Original post)

Wed Jun 26, 2013, 10:03 PM

7. Kick

Don't some Texas residents live within 100 miles or so of the nearest DPS?

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Response to LeftInTX (Reply #7)

Wed Jun 26, 2013, 10:22 PM

8. Here's a little information:

http://trailblazersblog.dallasnews.com/2012/07/testimony-voter-id-law-rammed-through-will-suppress-minority-votes-says-rep-trey-martinez-fisher.html/

-snip-
Fisher voiced oft-expressed concerns about how hard it would be for poor and rural Texans to get an ID. “In West Texas, some people would have a 200-mile round-trip drive” to the nearest DPS office, he said, noting that 70 of 254 counties lack a state office at which to obtain a drivers license or alternative voter ID card. Even in San Antonio, which has three such offices, lines can take 2 hours and weekday, daytime-only office hours mean a person without a car might face a hard choice about taking time off from work just to get a document needed to vote.
-snip-


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Response to onestepforward (Reply #8)

Wed Jun 26, 2013, 10:25 PM

9. Thx for the research

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Response to onestepforward (Reply #8)

Thu Jun 27, 2013, 08:29 AM

10. Getting an ID is a VERY difficult obstacle even in large cities in Texas.

I know from personal experience helping someone get their driver's license last summer. Lines are hours long - ridiculously understaffed. In my opinion, this is a purposeful policy to make these ID's more difficult to get. It hasn't always been like this.

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Response to northoftheborder (Reply #10)

Thu Jun 27, 2013, 09:23 AM

11. Exactly

And there is also the cost of supporting documents. Like birth certificates etc which also cost money.

I would seriously like to see some voting rights foundation type of non-profit that would grant money to defray document costs. This has to be done very carefully so it won't look like vote buying. If they could pay the state agency directly for example. Not sure the legality - but honestly that extra $10 or $15 for a poor person is just another reason not to vote.

And you are right, that has always been the point - tamp down on voter turnout. Especially if they can target voters they know would have voted against them anyway.

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Response to sonias (Reply #11)

Thu Jun 27, 2013, 04:39 PM

12. The DPS is not set up for the additional burden

I spoke at some town halls hosted by Congressman Al Green. One of the other speakers was the spokesperson for the Texas Department of Public Safety. The DPS spokesperson was a very decent and honorable young man who told the audience that the DPS has received no additional funding for job of issuing Election Identification Certificates and that the requirement that the DPS issue such certificates will mean longer lines. Get ready for a mess.
This is the DU member formerly known as Gothmog.

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Response to Gothmog (Original post)

Thu Jun 27, 2013, 04:45 PM

13. Someone will sue under the theory that the voter id law is a poll tax

There is no way to get the free Election Identification Certificate without having a birth certificate

Texas Administrative Code, RULE §15.182(1)
An original applicant for an election identification certificate must present:
(A) One piece of primary identification;
(B) Two pieces of secondary identification; or
(C) One piece of secondary identification plus two pieces of supporting identification
Texas Administrative Code, RULE §15.182(2) Primary Identification. A Texas driver license or personal identification card issued to the person that has been expired for 60 days and is within two years of expiration date may be presented as primary identification.

Texas Administrative Code, RULE §15.182 Secondary identification. These items are recorded governmental documents (United States, one of the 50 states, a United States territory, or District of Columbia):
(A) Original or certified copy of a birth certificate issued by the appropriate State Bureau of Vital Statistics or equivalent agency;
(B) Original or certified copy of United States Department of State Certification of Birth (issued to United States citizens born abroad);
(C) Original or certified copy of court order with name and date of birth (DOB) indicating an official change of name and/or gender; or
(D) U.S. citizenship or naturalization papers without identifiable photo.

Texas Administrative Code, RULE §15.182(4) Supporting identification. The following items consist of other records or documents that aid examining personnel in establishing the identity of the applicant:
(A) voter registration card; (emphasis added)
(B) school records;
(C) insurance policy (at least two years old);
(D) Texas vehicle or boat title or registration;
(E) military records;
(F) unexpired military dependant identification card;
(G) original or certified copy of marriage license or divorce decree;
(H) Social Security card;
(I) pilot's license;
(J) unexpired photo DL or photo ID issued by another (United States) state, U.S. territory, the District of Columbia;
(K) expired photo DL or photo ID issued by another (United States) state, U.S. territory, or the District of Columbia that is within two years of the expiration date;
(L) an offender identification card or similar form of identification issued by the Texas Department of Criminal Justice;
(M) forms W-2 or 1099;
(N) Numident record from the Social Security Administration;
(O) expired Texas driver license or personal identification certificate (expired more than two years);
(P) professional license issued by Texas state agency;
(Q) identification card issued by government agency;
(R) parole or mandatory release certificate issued by the Texas Department of Criminal Justice;
(S) federal inmate identification card;
(T) federal parole or release certificate;
(U) Medicare or Medicaid card;
(V) Selective Service card;
(W) immunization records;
(X) tribal membership card from federally recognized tribe;
(Y) Certificate of Degree of Indian Blood;
(Z) Veteran's Administration card;
(AA) hospital issued birth record; or
(BB) any document that may be added to §15.24 of this title (relating to Identification of Applicants) other than those issued to persons who are not citizens of the U.S.
The bottom line is that the Voter ID law is a poll tax in that it is impossible to get a "free" id without paying a fee.
This is the DU member formerly known as Gothmog.

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