The topic of discussion for this Constitution Monday concerns election integrity laws and judges who are determined to strike them down. According to Hans von Spakovsky, a judge, who was appointed by President Barack Obama, struck down a Texas voter ID law for the fifth time last week.
[Federal
District Court Judge Nelva Gonzales Ramos’s] 2014 rebuff of the original
version of the Texas law made it clear that she believes all voter ID laws are
based solely on the desire to discriminate, not improve the integrity of the
election process.
Now
you know why the plaintiffs went shopping to her federal court to bring the
statewide challenge.
In
2014, Ramos ruled that the law discriminated against minority voters – ignoring
clear evidence that this is not the case. Minority turnout had actually
increased in the 2013 state election, the first election held with the new ID
law in place.
What
makes Ramos’ latest ruling so odd is that the amended law not only followed all
guidelines set out by the 5th Circuit Court of Appeals, it also
contained provisions that Ramos herself had found acceptable as an interim remedy
for the November 2016 election.
Adding
a new wrinkle, Ramos also ruled unacceptable a provision Texas adopted that has
been part of federal law – and never challenged – since 2002.
Here’s
why Ramos’ decision is likely to be reversed.
The
original Texas law required voters to present a government-issued photo ID, and
the state to provide a free ID to anyone who did not already have one. Ramos
ruled this provision was discriminatory, and a split 5th U.S.
Circuit Court of Appeals last year upheld her views on the discriminatory
effect claim.
But
the 5th Circuit remanded the case to Ramos, saying there wasn’t
sufficient evidence to support her conclusion that the legislature had a
discriminatory purpose in passing the law. Most importantly, the 5th
Circuit held that, since the vast majority of Texas voters could meet the ID
requirement, Ramos would have to tailor her remedy to rectify only the
discriminatory effect on the very small number of voters who could not meet the
ID requirement.
By
throwing out the entire law, Ramos has blatantly ignored the 5th
Circuit’s directive.
The
5th Circuit also found acceptable the section of prior Texas law
that allowed “forms of identification like utility bills, bank statements, or
paychecks.”
In
2016, when the litigation was remanded to Ramos, she approved an interim remedy
(agreed to by the Obama Justice Department) that would allow voters who showed
up at the polling place without an ID to still vote in the general election if
they:
1. Signed a declaration that they had
a “reasonable impediment” that prevented them from getting the free photo ID;
and
2. Presented a “valid voter
registration certificate, a certified birth certificate, a current utility
bill, a bank statement, a government check, a paycheck, or any other government
document that displays the voter’s name and address.”
In
other words, the remedial law had a safety valve where individuals without an
ID were still able to vote.
This
list of documents is identical in part to a federal requirement (Section 303(b)
of the Help America Vote Act) that has been in place since 2002.
That
provision requires that any voter who registers to vote by mail must, the first
time they vote, show state election officials an ID such as a “current and
valid photo identification” or “a copy of a current utility bill, bank
statement, government check, paycheck, or other government document that shows
the name and address of the voter.”
The
voter ID law amendment adopted by the Texas Legislature this year implemented
the language from the Ramos-approved interim remedy and the 2002 Help America
Vote Act almost word-for-word.
Now
claiming that the law as amended is discriminatory, Ramos dismissed her prior
approval of these same requirements as not a “binding determination.” …