Austin American-Statesman

Judge rules Texas voter ID law aimed to discrimina­te

Democrats praise ruling; Paxton’s office will review decision.

- By Chuck Lindell clindell@statesman.com

The Texas voter ID law was enacted in 2011 with the intent to discrimina­te against minority voters, a federal judge ruled Monday, handing the Republican-backed measure another in a string of legal defeats.

U.S. District Judge Nelva Gonzales Ramos dismissed Republican assertions that the voter identifica­tion law was intended to combat fraud, calling that rationale a “pretext” to suppress the voting rights of Hispanics and African-Americans, who overwhelmi­ngly support Democrats.

“There was no substance to the justificat­ions offered for the draconian terms of SB 14,” the Corpus Christi judge said, concluding that the law known as Senate Bill 14 violated the U.S. Voting Rights Act.

Ramos’ ruling followed a July decision by the 5th U.S. Circuit Court of Appeals, which said the law had an improper and disproport­ionate impact on minority voters because they were less likely to have an acceptable government-issued ID, such as a driver’s license, U.S. passport or state handgun permit.

The appeals court returned the case to Ramos, who originally declared the law unconstitu­tional in 2014, to determine whether the voter ID law was

Ramos also said evidence did not support Republican contention­s that the voter ID law was intended as a remedy for voter fraud.

intentiona­lly written to be discrimina­tory.

On Monday, Ramos said it was — a conclusion she had also reached in 2014.

For example, the judge said, the voter ID law was “unduly strict.”

“Many categories of acceptable photo IDs permitted by other states were omitted from the Texas bill,” she wrote. “Fewer exceptions were made available. ... The state did not demonstrat­e that these features of SB 14 were necessaril­y consistent with its alleged interest in preventing voter fraud or increasing confidence in the electoral system.”

Texas lawmakers also rejected a number of amendments that would have “softened the racial impact” of the law, said Ramos, who was appointed to the bench by President Barack Obama.

Rejected amendments would have allowed additional types of identifica­tion, eased voter registrati­on procedures, reduced ID costs and paid for increased voter education on how to comply with the law’s restrictio­ns, the judge noted.

Ramos also said evidence did not support Republican contention­s that the voter ID law was intended as a remedy for voter fraud.

“The evidence before the Legislatur­e was that in-person voting, the only concern addressed by SB 14, yielded only two conviction­s for in-person voter impersonat­ion fraud out of 20 million votes cast in the decade leading up to SB 14’s passage,” Ramos wrote. “And the bill did nothing to address mail-in balloting, which is much more vulnerable to fraud.”

In the rush to pass the voter ID bill, legislator­s resorted to “extraordin­ary procedural tactics” — moving forward without the usual committee analysis, debate or considerat­ion of amend- ments, the judge added.

Democrats hailed Monday’s ruling.

“Today’s victory belongs to all Texans, for state-sponsored discrimina­tion undermines the legitimacy of our elections,” said state Rep. Eddie Rodriguez, D-Austin. “The Mexican American Legislativ­e Caucus told the Texas Legislatur­e in 2011 that SB 14 would discrimina­te against Latinos. Republican­s shoved it down our throats anyway.”

Said Marc Rylander, spokesman for Texas Attorney General Ken Paxton: “We’re disappoint­ed and will seek review of this ruling at the appropriat­e time.”

In addition to returning the voter ID case to Ramos last summer to determine discrimina­tory intent, the federal appeals court ordered the judge to establish appropriat­e identifica­tion rules to be used in last November’s general election.

Ramos responded by ordering poll workers to accept a wider range of identifica­tion for Texans without a photo ID, including a voter registrati­on certificat­e, birth certificat­e, current utility bill, bank statement or government check.

Registered voters who presented alternativ­e IDs had to fill out and sign a declaratio­n indicating why they couldn’t acquire a government ID, such as a lack of transporta­tion, disability, illness, work schedule or theft.

The Texas Legislatur­e is currently considerin­g two Republican-drafted bills that seek to adopt many of the loosened rules set by Ramos.

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