Is Texas's strictest-in-the-nation voter ID law discriminatory?
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Judges on a federal appeals court are considering the need to soften Texas's strictest-in-the-nation voter ID聽law, which opponents argue discourages turnout among Hispanics, African Americans, and other minorities.聽聽
On Tuesday, the New Orleans-based Fifth US聽Circuit Court of Appeals聽聽from Scott Keller, the Texas solicitor general,聽and聽Janai聽Nelson,聽representing聽the NAACP Legal Defense and Educational Fund, about聽whether the聽law, which specifies聽which forms of identification voters聽must show, violates the Voting Rights Act.聽聽聽
The panel聽of 15 judges indicated it was not interested in striking down the law, but questioned why Texas, unlike other states with similar laws,聽didn't include聽provisions聽for registered聽voters who lack the now-required forms of identification, as The Washington Post reported.聽聽
Any action the court takes could end聽a聽five-year debate聽about whether the law's聽strictness聽preserves the integrity of聽elections there, or is a discriminatory聽strategy meant to repress votes from demographics less likely to have the required forms of ID, which include drivers licenses, passports, military IDs, and gun licenses.聽
Yet a political science professor at the University of California, San Diego, indicates the answer is irrelevant so long as the law stands.聽聽
"If we want a more open and聽inclusive聽democracy, voter ID laws are detrimental to those goals," Zoltan聽Hajnal聽tells 海角大神 in a phone interview.聽"They do聽discriminate against racial and ethnic minorities, and聽that could be a real problem."聽聽聽
In researching聽, Dr.聽Hajnal聽found they resulted in聽lower聽minority聽turnout. That finding is consistent with a 2014 study by the US Government Accountability Office, Barry聽Burden, a political science professor at the University of Wisconsin-Madison聽who testified in 2014 against聽the Texas聽law, tells the Monitor.聽
Texas has long required voters to show a form of identification. But the bill then-Gov. Rick Perry聽(R)聽signed in 2011 restricted聽the types of ID聽allowed, which now includes聽a聽driver's license or聽concealed handgun license, but excludes a college聽or tribal ID.聽聽
At the time, states with a history of voting rights discrimination were barred from聽adopting election laws that聽could聽affect聽minorities unless federal officials or judges approved them, according to The Post. But in 2013, the Supreme Court "threw out Congress's designation of which states required pre-clearance" in Shelby County v. Holder, and Texas quickly instated its previously-blocked law.聽
Ever since then, the law has been at the center of a聽legal back-and-forth. In October 2014, a district judge struck it down, but聽a panel聽for the Fifth Circuit Court of Appeals issued a preliminary injunction against the district court's ruling. The Supreme Court has turned down a request to review the case,聽but recommended that the Circuit Court of Appeals act before late July, according to The Post. 聽
The state maintains the law is a way to stamp out voter fraud,聽which聽Gov. Greg Abbott (R)聽said other states aren't willing to enforce.聽聽
"What I find is that leaders of the other party are against efforts to crack down on voter fraud," Governor Abbott said, according to The Texas Tribune. "The fact is that聽. In Texas, unlike some other states and unlike some other leaders, we are committed to cracking down on voter fraud."
But opponents say the law has impacted聽600,000 registered Texas voters who are believed to lack the required form of identification.聽
"Our state continues to prey on the rights of minorities with the voter identification law, which needlessly burdens the right to vote of thousands of people, particularly those of color," Gary Bledsoe, president of the Texas NAACP, said in a statement.聽
The laws, and others like it, are targeting the wrong type of fraud, however, says Dr. Burden: they聽aim聽to prevent impersonation at polls, which he calls the "riskiest," with the "least payoff."聽Instead, he says, Texas and other states should develop stricter systems for verifying absentee ballots. 聽