Political Hotsheet
By

Stephanie Lambidakis /

CBS News/ March 12, 2012, 2:40 PM

Justice Dept blocks Texas voter ID law

Assistant Attorney General Thomas Perez and U.S. Attorney Jenny Durkan hold a news conference Dec. 16, 2011, on the Department of Justice's investigation of the Seattle Police Department.

Thomas Perez, right, in this file photo from December 2011

/ Ken Lambert,AP Photo/The Seattle Times

(CBS) -- The Justice Department Monday formally blocked Texas from implementing its new law requiring voters to present photo identification before casting ballots. Using its powers under the landmark Voting Rights Act of 1965, the Justice Department informed Texas election officials that its law is "legally unenforceable."

Writing on behalf of Attorney General Eric Holder, the chief of the Civil Rights Division, Thomas Perez, informed the Texas Secretary of State's office that "a Hispanic registered voter is at least 46.5 percent, and potentially 12 percent, more likely than a non-Hispanic registered voter to lack the required identification. In addition, although Hispanic voters represent only 21.8 percent of the registered voters in the state, Hispanic voters represent fully 29.0 percent of the registered voters without such identification."

Under Section 5 of the landmark Voting Rights Act, Texas, like several other states with a history of discrimination has the "burden of showing that the proposed changes have neither the purpose nor the effect of denying or abridging the right to vote on account of race or color or membership in a language minority group."

The Justice Department also faults Texas for efforts to "mitigate" the impact on Hispanic registered voters who do not possess photo ID such as a driver's license, military ID card, United States passport, or a license to carry a concealed handgun. According to the letter, 7.3 percent of Hispanic households do not have a car to drive to motor vehicle offices, and even if they did, 81 of the state's 254 counties have no office at all.

One Texas lawmaker is quoted as saying that voters in his district "could have to travel up to 176 miles roundtrip" to find an office. During the debate over the law, the state also rejected a proposal to extend office hours until 7 pm to help voters get the necessary photo IDs.

Even before the Justice Department formally blocked the Texas law from taking effect, the state filed suit in federal court in Washington claiming the requirements do not "deny or abridge the right to vote." Ten Texas residents have filed a motion to intervene in the suit, claiming their rights could be violated under the new law.

A status conference is expected on Wednesday. But unless the court overturns the Justice Department's determination, Texas is blocked from using its voter identification law known as S.B. 14 when voters cast primary ballots on May 29th.

The decision follows a similar action against South Carolina in December, the first rejection of a voter ID law in almost two decades. The Obama administration rejected South Carolina's voter ID law on the grounds that it makes it harder to participate in the political process.

South Carolina sued Holder and said its law would not disenfranchise any voters.

© 2012 CBS Interactive Inc. All Rights Reserved.
108 Comments Add a Comment
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TXDave says:
Texas Statutes - Section 63.0101: DOCUMENTATION OF PROOF OF IDENTIFICATION
(1) a driver's license or personal identification card issued to the person by the Department of Public Safety or a similar document issued to the person by an agency of another state, regardless of whether the license or card has expired;
(2) a form of identification containing the person's photograph that establishes the person's identity;
(3) a birth certificate or other document confirming birth that is admissible in a court of law and establishes the person's identity;
(4) United States citizenship papers issued to the person;
(5) a United States passport issued to the person;
(6) official mail addressed to the person by name from a governmental entity;
(7) 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; or
(8) any other form of identification prescribed by the secretary of state.

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Name any person, otherwise eligible to vote in TX that has none of the above. I rest my case.
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Paul_I says:
You can soon add Pennsylvania to the list of states with voter identification laws. The wave of ridiculous redistricting and more stringent voter identification laws says more about political maneuvering than it does about a fair process for one citizen, one vote.
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tsqwared replies:
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seriously??? Voting for the highest office in the country, in the world for that matter, is extremely important business, and NOT to be taken lightly! Photo I.D. is required for renting a car, checking out a book, and also to receive ANY kind of gov't benefits/handouts. Th LEGAL voters in this country already have had to produce a photo I.D.! Your position, to let anyone and everyone, LEGAL OR NOT, have a vote in our elections is ridiculous and unconstitutional to the rest of us LEGAL citizens! This is NOT about race or winning elections. Its about following the laws of our land and not allowing unscrupulous imposters from screwing the vote for the rest of us. You are an idiot if you think otherwise!
signseeker1717 replies:
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"Your position, to let anyone and everyone, LEGAL OR NOT, have a vote in our elections is ridiculous and unconstitutional to the rest of us LEGAL citizens!"

There is NOTHING in the Constitution (or any Amendment) REQUIRING a citizen to have a "Photo I.D." to vote.

Remember the Voting Rights Act?

Poll Taxes?

Let's NOT go back there.
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reality_sanity says:
by RobAla March 12, 2012 11:13 PM EDT
In Texas, anyone with a voter registration card and obtain a photo ID for free.

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Provided you travel up to 340+ miles round trip (even when you lack a car) and give up one or more days of work because the offices that issue the ID's are only open on weekdays and not during the evenings.
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calebsally replies:
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Agreed. And if you're poor and trying to scratch out a living, you will not take a day, much less an hour, off of work.
RetiredArmy_Nurse replies:
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Same problem here in Wisconsin. You would have to find transportation to the nearest DMV to get a "free" voter ID card. I'm 25 miles away from the nearest DMV, so the cab fare would be prohibitive for most poor, elderly, disabled, student, & minority voters. The governor also had the plan in place to "save money" by closing down DMVs, targeting those in democratic areas. So his real plan was not to save money, but to save his vote. Our governor and 4 of his cronies face recall elections in June. Wisconsin turned in 1.1 million signatures for his recall. I think it is instructive that that would have been enough to have won the original election.
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hope4agape says:
Why stop there..What about the poor hispanics that have to have a photo ID to drive, get a job, get a loan, buy a car,buy a house..
A world with out IDs ..all the problems would be solved .
HEY MORONS HOW ABOUT WORKING ON HIGH UNEMPLOYMENT>>INFLATION !!!>SOARING GAS PRICES!!!!
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calebsally says:
Seems like Texas wants people to use IDs, but has no intention of making it easy for upstanding citizens to obtain said IDs. How can they expect people without cars to travel 100+ miles to get to an office, and not even extend the time that these offices are open?

Every story sounds good until you hear the other side.
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reality_sanity says:
by bugwhips March 13, 2012 7:18 AM EDT
They haven't passed the Photo ID requirement yet so far it's a non-photo so once they do Democrats will fight it.

Kind of says it all they are only fighting "Photo ID" laws like what was passed in Texas. Kind of interesting if you know what I mean.

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Photo ID laws have been accepted in some states and blocked in others. The critical factor is whether or not the state has provided adequate capabilities (locations and office hours) and a sufficiently low cost means for legal voters to secure an acceptable ID to permit them to vote. Photo ID is legal as long as the state provides reasonable and adequate access to those needing to secure a photo ID. 340+ miles to an office with no evening or weekend hours IS NOT ADEQUATE ACCESS.
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calebsally replies:
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Agreed. Texas was essentially trying to impede the voting power of the Hispanic demographic, regardless of whether they were legal citizens or not. They just won't come out and say it.
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reality_sanity says:
by Founders-1791 March 13, 2012 2:17 AM EDT
COMMON SENSE dictates that all 'Citizens' prove, at the very least, that they are qualified to vote at the precinct of their residency. Which requires proof of residency.

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The only document that universally PROVES CITIZENSHIP in this country is a passport (and Texas law only accepts ID issued by the DMV so passports are NOT VALID). Texas will not implement Real ID for drivers licenses until 2013 to it will be 2017 or later before all Texas Drivers licenses prove citizenship. Under your proposed solution (not the current law NO ONE EVEN THOSE THAT produce a passport in Texas will be permitted to vote -- however that is also inadequate based on your requirement because they will also need a drivers license or some other ID with their current address to prove residency. That means TWO forms of photo ID not just one.
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RetiredArmy_Nurse replies:
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A restraining order was also put on the onerous voter ID law here in Wisconsin. This had the potential to stop up to 20% of our population from voting when it went into effect. Per the judge that struck it down, the only thing this law did was stop someone from impersonating another voter. The judge added that this had never happened in Wisconsin, so the real purpose of the law was to suppress the vote stopping voters that our radical republican governor and his cronies do not like. None of these laws would stop anyone with a fake ID. Of course, the neocon mantra that we have illegals voting is just plain a lie.
tsqwared replies:
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The accent is on LEGAL American citizens, you idiots! If you don't live in a border state, you have no idea what we are up against! We want every LEGAL citizen to vote! DO NOT PRESUME to know what is in the hearts of an entire state full of good citizens!
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AOCGUY says:
Despite being a Floida resident and carrying a Florida Drivers License for almost 40 years now, this summer when I must renew my license I will be required to provide proof of citizenship. Not diffcult to do (as I do have a birth certificate, passport, and retired military ID) except for the first time in decades I will actually have to go down the the DL bureau in person.

I assume, since you don't have to be a citizen to have a DL in Florida, that the new DLs will include citizenship information.
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reality_sanity replies:
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Only if the state implements REAL ID and Florida has only issued Real IDs since 2010 so it will be until Dec, 2014 before all Florida Drivers Licenses are renewed and become Real ID's.
AOCGUY replies:
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Is true but doesn't invalidate my statement, and since the last time I renewed my license I did it online I no longer have that option.
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joe1022joe says:
A guy named Perez who works for the "justice department" (that's rich) wants to make sure Jose can vote without propert ID. Gee, I guess he doesn't want to stop the illegal aliens from voting for Obama.
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AOCGUY replies:
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I detect a note of unwarranted cynicism here. Are you suggesting that had the man's name been Smith he would have reacted differently. The DOJ is simply follwoing the law as it applies to Texas and other states who have had a history of voting rights violations. Nothing in this article nor the actions of the DOJ suggest that anyone wants non-citizens to vote.

In fact the opposite is true. What the DOJ is trying to do, as it is required by law, is to ensure that US citizens are not barred from voting. I am a strong supporter of providing positive identification when registering to vote and voting, but your veiled hint of xenophobia was not overlooked.
reality_sanity replies:
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Since drivers licenses in most states DO NOT prove citizenship the photo ID laws have no effect in preventing illegals from voting. Texas will not implement Real ID until 2013 at the earliest. Unless all Texas drivers licenses are required to be Real ID's it will take 4 years or so after that before a Texas Drivers license will prove citizenship for all voters.
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1stlttightwad says:
The ONLY reason to not check someones ID is so that the election can be stolen. Those that choose not to check by doing so admit they want to steal elections. Period. Requiring proof positive of who you are, just like to cash a check puts a stake right through the hearts of the Acorn type groups.
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reality_sanity replies:
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Most ID's excluding passports (that do not have the persons address)DO NOT prove citizenship so they do not stop illegals from voting. The requirement of photo ID to prevent illegals from voting is pure hogwash.
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