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Tribune News Service
Tribune News Service
National
Jamie Lovegrove

Appeals court strikes down Texas voter ID law

WASHINGTON _ Texas' voter ID law violates federal laws prohibiting electoral discrimination, an appeals court ruled Wednesday.

The 5th U.S. Circuit Court of Appeals struck down the 2011 state law, widely viewed as the one of the nation's strictest requirements, ruling that it violates Section 2 of the Voting Rights Act.

"The record shows that drafters and proponents of SB 14 were aware of the likely disproportionate effect of the law on minorities, and that they nonetheless passed the bill without adopting a number of proposed ameliorative measures that might have lessened this impact," Judge Catharina Haynes wrote in the ruling.

Although the court found some of the arguments made in previous court cases to be legitimate, "there remains evidence to support a finding that the cloak of ballot integrity could be hiding a more invidious purpose," Haynes wrote.

The ruling does not nullify the entirety of the law, but it offers relief to people who face obstacles to getting an ID. With the election just months away, the trial court will now need to create an interim relief until it can develop a more comprehensive solution afterward.

The case may well not be over yet, as Texas will have the option to appeal the ruling to the Supreme Court. The 5th Circuit's most conservative members offered a stern rebuke to the decision in dissenting opinions, opening up the possibility that Texas could seek a stay on this emergency interim relief.

But with Justice Antonin Scalia's passing, Texas is only likely to receive four votes to reverse the 5th Circuit's decision. If the court deadlocks, the 5th Circuit's en banc decision holds.

The court agreed to rehear the case en banc _ meaning in front of the full court _ in March, adding another chapter to the law's convoluted journey through the federal court system since it was first signed into law in 2011.

Texas Senate Bill 14 required most citizens to show one of a handful of forms of allowable photo identification before their election ballots can be counted: a state driver's license or ID card, a concealed handgun license, a U.S. passport, a military ID card, or a U.S citizenship certificate with a photo.

But critics have long contended that the law had discriminatory effects against Hispanic and African-American voters and have been challenging it ever since.

"Texas Republicans' discriminatory voter ID law has held some 700,000 Texans away from their right to vote for many elections now," Texas Democratic Party Chair Gilberto Hinojosa said in reaction to the decision. "Unfortunately, that damage by Republicans has already been done to our families. However, we can now look forward to a fairer election system, worthy of our great state. This is a huge win for voting rights in Texas and across our nation."

"It is imperative that the state government safeguards our elections and ensures the integrity of our democratic process," Attorney General Ken Paxton said. "Preventing voter fraud is essential to accurately reflecting the will of Texas voters during elections, and it is unfortunate that this common-sense law, providing protections against fraud, was not upheld in its entirety."

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