Texas’ revised voter ID law upheld

Three-judge panel says bill’s opponents failed to prove Legislature’s fixes are discriminatory

A federal appeals court has upheld the latest version of the state’s voter ID law, saying opponents failed to prove the changes still had a “discriminatory effect.”

A federal appeals court has upheld the latest version of the state’s voter ID law.

In a split ruling released late Friday, a three-judge panel said opponents of the revised voter ID requirements in Texas failed to prove fixes the Legislature made to its original voter ID law still had a “discriminatory effect on indigent minority voters.”

Opponents of the latest voter ID law, Senate Bill 5, had argued that despite changes to the original Senate Bill 14 passed in 2011, the law still presented a barrier to voting for people who did not have access to a photo ID. A federal court previously ruled that SB 14 was unlawful under the Voting Rights Act of 1965.

SB 5, passed in 2017, still calls for one of seven acceptable forms of photo ID to cast a ballot. But now there is an exception in the law that allows people without one of those forms of ID to vote if they can produce another form of identification like a utility bill, a bank statement or paycheck that has the person’s name and address. They also must sign a form listing one of seven acceptable reasons why they cannot produce a photo ID. Those reasons can include lack of transportation, lost or stolen ID, or illness, all possible issues that critics of the original law said could be possible.

In the ruling from the 5th U.S. Circuit Court of Appeals, the court called SB 5 “an effective remedy” for the flaws in the original SB 14.

Texas Attorney General Ken Paxton was quick to applaud the decision issued Friday.

“The court rightly recognized that when the Legislature passed Senate Bill 5 last session, it complied with every change the 5th Circuit ordered to the original voter ID law,” Paxton said. “Safeguarding the integrity of our elections is essential to preserving our democracy. The revised voter ID law removes any burden on voters who cannot obtain a photo ID.”

In August, Judge Nelva Gonzales Ramos of the U.S. District

Court for the Southern District of Texas issued a permanent injunction against the state’s newest voter ID law, calling it a “poll tax” on minority voters. In September, a federal appeals court blocked that ruling from going into full effect in order to hear the merits for and against the state’s appeal.

But the appeals court declared Friday that Ramos’ court had “abused its discretion” and reversed his decision to block SB 5 from going into full effect.

Lt. Gov. Dan Patrick applauded the ruling.

“Senate Bill 5, the Texas Voter ID law, was one of my highest priorities in the last legislative session and one of the first bills the Senate passed last year,” he wrote in a prepared statement. “Today’s ruling by the 5th Circuit confirms this common sense law and safeguards the integrity of our elections. It will also enhance public trust in our democratic process going forward.”

Democrats voiced frustration at the ruling on Friday.

“Texas’ photo voter ID law is unnecessary and discriminates against Texas voters,” said state Rep. Chris Turner, D-Grand Prairie. “Texas Democrats will continue to fight for equal voting rights for all citizens.”

State Rep. Rafael Anchia, chairman of the Mexican American Legislative Caucus, said the revised voter ID law is still discriminatory in his view.

“We are undeterred by today’s decision, and we will continue to fight against laws that aim to suppress the vote,” said Anchia, a Dallas Democrat.

Critics of Texas’ voter ID laws argue photo ID requirements disenfranchise poor and minority voters, who face difficulties obtaining IDs. More than 600,000 Texas voters lack a suitable ID to vote.

“Any law that silences people at the polls is not one that belongs in our democracy,” Neil Steiner, pro bono counsel for the NAACP Texas State Conference and MALC, said in a prepared statement. “Our determination to fight for the rights of all Texans is as strong as ever.”