JUSTICE DEPARTMENT GIVES TEXAS JUSTICE AND BLOCKS THE VOTER ID BILL

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Attorney General Greg Abbott took the dispute over Texas’ maps to federal court in Washington. Photo: Harry Cabluck, AP / HC

The Justice Department’s civil rights division on Monday blocked Texas from enforcing a new law requiring voters to present photo identification at the polls, contending that the rule would disproportionately suppress turnout among eligible Hispanic voters.

The decision, which follows a similar move in December blocking a law in South Carolina, brought the Obama administration deeper into the politically and racially charged fight over a wave of new voting restrictions, enacted largely by Republicans in the name of combating voter fraud.

In a letter to the Texas state governmentThomas E. Perez, the assistant attorney general for civil rights, said the state had failed to meet its requirement, under the Voting Rights Act, to show that the measure would not disproportionately disenfranchise registered minority voters.

“Even using the data most favorable to the state, Hispanics disproportionately lack either a driver’s license or a personal identification card,” Mr. Perez wrote, “and that disparity is statistically significant.”

Texas has roughly 12.8 million registered voters, of whom about 2.8 million are Hispanic. The state had supplied two sets of data comparing its voter rolls to a list of people who had valid state-issued photo identification cards — one for September and the other in January — showing that Hispanic voters were 46.5 percent to 120 percent more likely to lack such identification.

PHOTO ILLUSTRATION BY TODD WISEMAN / TEXAS TRIBUNE

Under the Voting Rights Act, certain jurisdictions that have a history of suppressing minority voting — like Texas — must show that any proposed change to voting rules would not have a disproportionate effect on minority voters, even if there is no evidence of discriminatory intent. Such “preclearance” can be granted either by the Justice Department or by a panel of federal judges.

Texas officials had argued that they would take sufficient steps to mitigate any impact of the law, including giving free identification cards to voters who lacked them. But the Justice Department said the proposed efforts were not enough, citing the cost of obtaining birth certificates or other documents necessary to get the cards and the bureaucratic difficulties of that process.

In anticipation that the Obama administration might not clear the law, Texas officials had already asked a panel of judges to allow them to enforce the law. A hearing in that case is scheduled for this week, and the Justice Department filed a copy of its letter before the court.

The offices of Gov. Rick Perry and Attorney General Greg Abbott did not immediately respond to a request for comment. But Representative Lamar Smith, the Texas Republican who is chairman of the House Judiciary Committee, criticized the Justice Department, saying that “the people of Texas overwhelmingly supported” the law to prevent fraudulently cast votes from canceling out legitimate ones.

“This is an abuse of executive authority and an affront to the citizens of Texas,” Mr. Smith said in a statement. “It’s time for the Obama administration to learn not to mess with Texas.”

Under the state’s existing system, voters are issued certificates when they register that enable them to vote. But last year, Mr. Perry signed a law that would replace that system with one requiring voters to present one of several photographic cards at their polling station. The approved documents include a state-issued driver’s license or identification, a federal military card, a passport, a citizenship certificate or a concealed gun license issued by Texas. Other forms of identification, like student identification cards, would not count.

The measure was part of a wave of new voting restrictions passed in states around the country, mostly by Republicans following their sweeping victories in the 2010 elections.

Supporters argue that the restrictions are necessary to prevent fraud. Critics say there is no evidence of significant amounts of in-person voter impersonation fraud — the kind addressed by photo identification requirements — and contend the restrictions are a veiled effort to suppress turnout by legitimate voters who tend to vote disproportionally for Democrats.

READ MORE: THE NEW YORK TIMES

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DID FEDERAL JUDGES FINALLY APPROVE TX REDISTRICTING MAPS?

20120229-085038.jpg photo from Texas Tribune

A federal three-judge panel in San Antonio on Tuesday issued the last remaining sets of Texas political maps that had been at the center of a redistricting dispute, appearing to end uncertainty over the state’s long-delayed primary elections.

The judges released new interim maps for Congressional and State House districts. It had issued a State Senate district map this month.

The legal wrangling over the three sets of maps had thrown much of the state’s political machinery into limbo, as the judges twice pushed back the date of the primary and lawmakers and candidates struggled to campaign without viable electoral maps.

20120229-084612.jpg Joe Cardenas III Former TX State Director of LULAC and one of the main leaders of the Latino Task Force

Minority groups and Democratic lawmakers sued the state in federal court over the maps drawn by the Republican-controlled Legislature, arguing that they discriminated against blacks and Hispanics. Lawyers for Greg Abbott, the Texas attorney general, who is representing the state, have argued that the maps were drawn to help Republicans maintain power, not to discriminate.

At a hearing earlier this month, one of the judges said the primary, which had been set for March 6 and then April 3, would most likely be on May 29. Jacquelyn F. Callanen, the elections administrator for Bexar County, told the judges that elections officials statewide would need the maps by March 3. With all of the maps having been issued before March 3, May 29 appears to be the primary date, though the judges have yet to make the date official.

The court’s new Congressional map is based in large part on a compromise map that the state and lawyers for some of the minority groups had recently agreed to. The court’s map gives blacks and Hispanics three of the state’s four new Congressional seats, but it also appears to weaken the minority voting strength in three other seats that blacks and Hispanics had been competitive in, experts said.

“It clearly is better than the state’s map, but arguably it doesn’t go as far for minorities,” said Michael Li, an election law attorney in Dallas who has followed the case’s developments on his Web site, Txredistricting.org.

20120229-084112.jpg Texas Attorney General Greg Abbott has served as the 50th Attorney General of Texas since December 2, 2002. Prior to his election as Attorney General, he was a Justice on the Texas Supreme Court and a State District Judge in Harris County.

The attorney general said in a statement that the new maps reflect the intent of the Legislature, and he applauded the court for leaving numerous districts as they were drawn by the state and rejecting “the demands by some plaintiffs to draw drastic and overreaching interim maps.”

The federal judges had previously drawn a set of maps that differed from the Legislature’s maps and benefited minorities, but the attorney general asked the Supreme Court to intervene. The Supreme Court ruled in January that the San Antonio judges had not paid enough deference to the Legislature’s maps and sent the case back to the lower court.

Read More: Story from The New York Times

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WHEN WILL TEXAS HAVE THEIR PRIMARY?

The Hispanic Blog: Judges in Texas redistricting case order more talks over voting maps to save April primary

photo illustration by: Todd Wiseman / Chris Chang for the Texas Tribune

SAN ANTONIO — A federal court sent a message Friday that the Texas primaries shouldn’t be pushed past April because of bitterly disputed voting maps and ordered the state and minority rightsgroups to spend the weekend back at the bargaining table.The fate of the Texas primaries, which have already been postponed once and risk being held too late to matter in the Republican presidential race, could be decided early as Tuesday by the San Antoniocourt. The primaries are currently scheduled for April 3, though that date appears all but dead.Read more…http://www.washingtonpost.com/politics/campaigns/judges-in-texas-redistricting-case-order-more-talks-over-voting-maps-to-save-april-primary/2012/02/10/gIQAi0Jo4Q_story.html

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