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Tag: Voter ID (page 1 of 5)

The Story of Texas SB 14: A Legal Lazarus

By: Shawn Syed

“Lazarus” is a name associated with a simple story. A subject dies. The Subject is then restored and is suddenly alive. Lazarus has been explored in songs, movies, and other forms of narrative. The 82nd Texas Legislature’s Senate Bill 14 (SB 14) is the legal world’s example of Lazarus.

Our Lazarus, SB 14, allowed the following to be accepted as voter identification: Texas Driver License, Texas Election Identification Certificate, Texas Personal Identification Card, Texas Concealed Handgun License, United States Military Identification Card, United States Citizenship Certificate, or United States Passport. The most notable form of identification that was not included was a student ID. The first four could only be issued by the Texas Department of Public Safety. The Texas Department of Public Safety has been in the news for other reasons recently. The Texas Department of Public Safety proposed closing 87 driver’s license offices as a solution to cut down wait times. In effect, this would hinder the ability of people trying to get certain forms of acceptable identification under SB 14.

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Are Rhode Island’s Mail-In Ballots a “Gigantic, Illegal Loophole?”

By: Eric Lynch

Ken Block, a two-time former gubernatorial candidate, made headlines in early October 2017 over a provocative tweet regarding voter identification (“voter-ID”) and mail-in ballots. Mr. Block claimed that mail-in ballots violated Rhode Island’s voter-ID law and are effectively a “gigantic, illegal loophole” to performing widespread voter fraud. Block implored the Rhode Island legislature to attend to this matter immediately. In response, Mr. Stephen Erickson, a Rhode Island State Board of Elections member, considered such a measure as “another effort to limit people’s ability to vote.” Mr. Erickson asserted that the Board “regularly rejects mail[-in] ballots where there is a substantial difference between the two signatures or if the witnesses does not provide enough information so that they can be identified and questioned.”

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PA Voter ID Bill Dies In Body, if Not in Spirit

By: Scott McMurtry

After taking unified control of the state government in the 2010 election, Pennsylvania Republicans set out to change the state election laws in two fundamental ways: a redistricting overhaul and an enhanced voter identification law. While the state and Congressional-level redistricting have survived legal challenges to date, plaintiffs were successful in persuading Pennsylvania courts to first stay, and ultimately strike down, the voter ID measure. While confusion over the implementation of the policy persisted even during the 2016 elections, it appears that Pennsylvania’s foray into stringent ID enforcement is over for the foreseeable future.

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Show-Me Your Voter ID

By: Victoria Conrad

The phrase “I am from Missouri. You have got to show me” struck a new chord to voters this June.

June brought a new era for elections in Missouri: voters are now required to show identification to fill out a ballot. After decades of battling over a voter identification law, Republicans in the state legislature finally got their way. Continue reading

Texas Voter ID Laws and Hurricane Harvey Join in Election Maelstrom

By: Evan Lewis

Hurricane Harvey made landfall as a category four hurricane on the South Texas coast on August 25, 2017. Harvey was the first major hurricane to make landfall in the continental United States since Hurricane Wilma made landfall in 2005. The storm stalled over Texas through the next several days, dropping 51.88 inches and 27 trillion gallons of rain over parts of Houston, the state’s most populated city, and causing nearly $200 billion in damages spread from Rockport in South Texas to Beaumont near the Louisiana border. As those affected by the storm struggle to piece their homes, their livelihoods, and their families back together, one could not fault them for not thinking about how Harvey might affect their ability to vote in the upcoming November 2017 statewide elections (which mainly concern proposed amendments to the state constitution) or the 2018 statewide elections.

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Why Go to Wisconsin?

By: George Nwanze

While Gil v. Whitford, the Wisconsin gerrymandering case presently before the Supreme Court, may be absorbing all the legal intrigue, one previously litigated issue involving Wisconsin’s elections has gone unnoticed. Particularly, the state’s voter identification laws and the suppressive effects it has had on voter turnout.

In the aftermath of the 2016 election, perhaps the most common retort of the electoral upset was, “Wisconsin should have gone to Hillary Clinton.” Wisconsin was typically viewed as a reliable Democratic state in presidential elections, as the last time Wisconsin went for a Republican for president was in 1984. However, this assertion was more of a visceral reaction to what many view as a poor political decision, rather than something that the data actual bears out. Fortunately, a recently released study by the University of Wisconsin-Madison (UWM), sheds some light on whether it actually mattered if “she went to Wisconsin.”

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The Demise of North Dakota’s Voter Identification Law

In one sense, North Dakota’s voting laws are lax as North Dakota is the only state without voter registration requirements.  In another sense, North Dakota’s voting laws are anything but lax as a federal district court recently found North Dakota’s voter identification law (also referred to as “HB 1332”) to be unduly burdensome.

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Texas: Early Vote Totals Set Records as State Grapples with Voter ID Decision

By: Benjamin Daily

Despite worries that confusion about voter ID requirements in the wake of Veasey v. Abbott would keep voters away from the polls, Texas’ ten largest counties saw record numbers of early voters.  Early vote totals consistently surpassed comparable totals in 2008 and 2012. Although the overall turnout rate was slightly less than in 2008, due primarily to increased turnout not keeping up with population growth, more Texans voted this year than in 2008 and 2012.

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Wis-communication: Trouble in the Badger State

Despite a July 2016 ruling from a federal District Court invalidating many provisions of Wisconsin’s controversial package of voter ID laws, problems persist for many voters seeking to register to vote, or to procure an ID that will allow them to vote. Reports that certain Wisconsin Department of Motor Vehicles (DMV) offices, which have the authority to issue valid voter IDs, have not fully complied with the federal court’s order continue to crop up.

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Federal Court Ruling Creates Chaos for North Carolina Primaries But There May Be a Solution

By: Blake Willis

Election litigation has experienced a new spike in recent years, with many states being involved with litigation over redistricting plans, Voter I.D. laws, and other ballot access issues. Since the inception of litigation under the Voting Rights Act of 1965 (VRA), there has been a consistent concern that federal courts should not be involved in determining the policies of voting, re-districting, and other related issues. Cases such as plurality opinion Davis v. Bandemer express such concerns, stating that partisan gerrymandering concerns are not justiciable, and that opening the door for federal courts to examine similar claims may set a dangerous precedent. In Veith v. Jubelirer, Justice Scalia echoed this sentiment, arguing that it is an increasingly difficult task for courts to determine what the predominant factor for drawing a district line may be. The expanding jurisprudence from both partisan and racial gerrymandering cases proves this argument may hold some validity, as evidenced by courts’ disagreement over the correct standard to apply, what the evidentiary standard should be, and who the burden of proof rests upon, as just a few examples. Although this litigation has been ongoing for decades, it is by no means near reaching an end.

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