5th Circuit judges reject Voter ID law

Lawyers for the state won most of the arguments they made before the 5th Circuit Court of Appeals in defense of the Texas Voter ID law — except the one that lost the case.

A three-judge panel of the appeals court ruled Wednesday that the Voter ID law, which was adopted by the Legislature in 2011 and requires voters to present a form of state-approved photo identification, has a discriminatory effect under the federal Voting Rights Act.

The appeals judges tossed out claims that the law imposes an unconstitutional poll tax, and they brushed aside complaints that it imposes burdens unacceptable under th First and Fourteenth Amendments.

But having a discriminatory effect under the Voting Rights Act means the law won’t hold up as-is.

The appeals judges sent the case back to a district court in Corpus Christi to determine a proper remedy, adding that the court must respect the Legislature’s intent “to reduce the risk of in-person voter fraud by strengthening the forms of identification presented for voting.”

But poor and minority voters face “more difficulty than many Texans” in obtaining the proper ID, the appeals judges said. They “often struggle to gather the required documentation, make travel arrangements and obtain time off from work to travel to the county clerk or local registrar, and then to the [Department of Public Safety]” for a free ID card.

They had some suggestions for U.S. District Judge Nelva Gonzales Ramos of Corpus Christi, who issued a far broader ruling against the Voter ID law in October.

They ruled out going back to the way things were before the Voter ID law was passed, when utility bills, bank statements or paychecks were considered sufficient identification for casting a ballot.

But they said voter registration cards themselves could be acceptable.

The state’s lawyers have to decide whether to go back to the Corpus Christi court, ask all of the 5th Circuit to rehear the case or take it to the Supreme Court.

Gov. Greg Abbott vowed to continue the fight. That makes it sound like an appeal to the U.S. Supreme Court is likely.

This story was originally published August 5, 2015 at 5:59 PM with the headline "5th Circuit judges reject Voter ID law."