Texas Voter ID Law Reinstated for November Election

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Texas’s voter ID law was struck down last week by a district judge who called it an “unconstitutional poll tax” with an “impermissible discriminatory effect against Hispanics and African Americans.” But for the upcoming election, it will still be the law.

The Fifth Circuit Court of Appeals put a hold on the previous ruling today, saying that to implement it now would “change the rules of the election too soon before the election date.”

The court determined that it would “be extremely difficult, if not impossible, for the State to adequately train its 25,000 polling workers at 8,000 polling places about the injunction’s new requirements in time for the start of early voting on October 20 or even election day on November 4.” The ruling cited Supreme Court precedent in blocking other voter ID law changes from going into effect close to elections, like one earlier this month in Wisconsin. They did at least acknowledge that, “We should be extremely reluctant to have an election take place under a law that a district court has found, and that our court may find, is discriminatory.” But discrimination is still going to play a major role in this election cycle because of the ruling.

Now more than 608,000 registered Texas voters (4.5 percent of the total) may be denied the right to vote in November because they do not have the kind of identification required by the voter ID law. Most of them are black and Hispanic.

But Greg Abbott believes the ruling is a victory:

Abbott tweet

“It’s deeply disturbing that Greg Abbott would call a law the court said is intentionally discriminatory against African-Americans and Hispanics a ‘victory,” said Wendy Davis. “As the court further said, it’s nothing more than a ‘poll tax’, which means democracy and all Texans lose.”

“Last week, this law was declared unconstitutional because it was deliberately passed to disenfranchise Texas voters based on race, yet Republicans are still working to keep this law in place,” said Texas Democratic Party Chairman Gilberto Hinojosa. “An intentionally discriminatory law should not be allowed to remain in effect.”

State Senator Kirk Watson also issued a statement on behalf of the Texas State Senate Democratic Caucus: “The voters affected by today’s wrong-headed decision are disproportionately low-income, African-American or Hispanic and state officials have made no real effort to ensure they can get the identification needed to participate in November’s election. Texas has an abysmal record of voter turnout, in part because those in control of the Capitol want it that way.”

So here is what you need to do to vote. According to the Texas Secretary of State,

      “Today the court issued a stay that means photo ID requirements will continue to be in effect for the November 4 Election, just as they have been for the last three statewide elections. Voters should prepare, as many already have, to show one of seven approved forms of photo ID if they plan to vote in person.
      To cast a ballot in person, registered voters need to present one of the following approved forms of photo ID:

      • Texas Driver License – issued by the Texas Department of Public Safety (DPS)
      • Texas Personal Identification Card – issued by DPS
      • Texas Concealed Handgun License – issued by DPS
      • United States Military Identification card containing the person’s photograph
      • United States Citizenship Certificate containing the person’s photograph
      • United States Passport – issued by the U.S. government
      • Election Identification Certificate – issued free by DPS

      With the exception of the U.S. citizenship certificate, the photo ID must be current or expired no more than 60 days.

      For more information about voting in Texas, visit VoteTexas.gov, your official voting resource.

At least the disgrace surrounding our voter ID law is a good reminder of what’s at stake in the election.

About Author

Emily Cadik

Emily is a Texas ex-pat and proud Longhorn living in Washington, DC, where she remains connected to the Lone Star State through her work on BOR and her enthusiasm for breakfast tacos. She works on affordable housing policy, and writes about health care, poverty and other social justice issues.

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