State Capitol Highlights

Supreme Court sends Voter ID case back to Fifth Circuit

AUSTIN — Texas’ voter identification law will remain in effect for now, but the U.S. Supreme Court has instructed a lower court to rule on its constitutionality before November’s election.

On April 29 the Supreme Court temporarily upheld a stay granted by the 5th U.S. Circuit Court of Appeals on Oct. 14. The stay has allowed the Texas law to remain in effect.

Justice Clarence Thomas, acting on behalf of the high court, ordered the New Orleans-based appellate court to decide Veasey v. Abbott by July 20, well in advance of the November 8 General Election. 

The plaintiffs allege the state law’s requirement — that in order to cast a ballot at an election poll a voter must present certain approved photographic identification — places a discriminatory and therefore unconstitutional burden on blacks and Hispanics.

Earlier decisions in lower courts found that the law did violate Section 2 of the U.S. Voting Rights Act, which prohibits voting practices or procedures that discriminate on the basis of race, color, or membership in one of certain language minority groups identified elsewhere in the act. Denial of a citizen’s right to vote and intentional dilution of the voting strength of a community of common interest are common tests courts use in determining whether an election law is discriminatory.

The Fifth Circuit set May 24 as the hearing date, the exact date of the state runoff election. Also of concern is that poll workers must be trained in time to oversee and assist voters in accordance with any court decisions come Election Day in November.

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