Why We Ask: Our mission and operations are funded 100% by conservatives like you. Please help us continue to extend Liberty to the next generation and support the 2024 Year-End Campaign today.

May 5, 2018

Texas Wins Dogged Fight for Voter ID

Last week, the Fifth Circuit Court of Appeals gave a big boost to election-integrity efforts in Texas and throughout the nation. In a 2-1 opinion authored by Judge Edith Jones, the court upheld Texas’s revised voter ID law, SB 5, against claims of racial discrimination.

Editor’s note: This piece was coauthored by Jason Snead.

Last week, the Fifth Circuit Court of Appeals gave a big boost to election-integrity efforts in Texas and throughout the nation. In a 2-1 opinion authored by Judge Edith Jones, the court upheld Texas’s revised voter ID law, SB 5, against claims of racial discrimination.

The ruling was the latest development in a years-long struggle by Texas lawmakers. The battle began with SB 14, a 2011 law that was challenged for allegedly having a discriminatory impact on African-American and Latino voters. There was no evidence to support that claim. In fact, one of us (von Spakovsky) published a study showing that turnout in state elections went up after the law went into effect.

Nonetheless, in 2014, federal district court judge Nelva Gonzales Ramos, an Obama appointee, ruled in favor of the challengers and enjoined enforcement of the law. She held that Texas had acted expressly to discriminate against minority voters. Interestingly, the challengers had been unable to produce a single voter who could not get the necessary ID or vote by absentee ballot.

Ramos based her conclusion on the idea that the only reason a legislature would pass a voter ID law was to discriminate. She did not believe there was any rational reason to require an ID to vote. She went on to make the bizarre claim that the ID law was a “poll tax” barred by the Constitution, despite the state providing free IDs to its residents.

On appeal, the full Fifth Circuit rejected Ramos’s conclusion that Texas lawmakers had acted with intentional discrimination or implemented a poll tax, but concurred with her that the law had a “disparate impact” on racial minorities. The case was remanded, and Ramos was ordered to develop a remedy for the 2016 election.

That opinion prompted a powerful dissent by Judge Jones, who excoriated the court’s majority for “fan[ning] the flames of perniciously irresponsible racial name-calling.” Jones found it telling that “the multi-thousand page record yields not a trace, much less a legitimate inference, of racial bias by the Texas Legislature.”

As if taking that as a challenge, Judge Ramos issued a series of opinions the following year. First, in what Jones characterized as a largely cut-and-paste opinion, Ramos reiterated her earlier finding that Texas had acted discriminatorily. Then, after the legislature passed SB 5 specifically to address the Fifth Circuit’s concerns, she enjoined the state from enforcing any photo ID requirement.

SB 5 allows voters without ID to claim they faced seven different impediments to getting one. So long as they claim an impediment and sign the necessary paperwork, the law permits them to cast a ballot. The list of impediments was drawn almost exactly from the interim remedy imposed by Ramos herself for use in the 2016 election, and includes things like lack of transportation and work schedule conflicts.

Nevertheless, Ramos held that requiring voters to sign a form under penalty of perjury, combined with the elimination of a broad “other” category — which, officials noted, had “in more than a dozen cases during the 2016 election” allowed voters to “flout[] the law’s purpose” — would have a “chilling” effect on participation.

Jones rightly dismissed this as “wholly speculative,” pointing out that Ramos’s interim remedy for the 2016 election, which SB 5 largely codified, was “in place for the full panoply of elections in a Presidential year” and that no evidence had been produced that it had resulted in a constitutional harm to any voter. Indeed, Jones noted that the 27 original witnesses in the case were all covered by the seven exemption categories in the revised legislation.

According to Jones, Ramos “relied on incorrect presumptions of taint and invalidity … presuming, without proof, that any invidious intent behind SB 14 necessarily carried over to and fatally infected SB 5.”

It was on this flimsy legal basis that Ramos supported her decision to jettison the entire Texas voter ID law. This judgment was made despite the fact that “all of the evidence supports that SB 5 was designed to remedy every defect” in the earlier law and “to supply indigent voter protections” recommended by the Fifth Circuit.

That led Jones to two inescapable conclusions: that there was “no legal or factual basis to invalidate” the Texas voter ID law, and that Ramos’s “order constitutes an abuse of discretion.”

It’d hard to disagree with Judge Jones’s reasoning here. Texas made, by all rights, a good-faith attempt to rectify problems with its election laws while preserving an essential, commonsense tool for fighting fraudulent votes. The solution it settled on was largely based on Ramos’s own 2016 remedy, and it offers a broader set of alternatives “to producing compliant photo voter ID” than the Indiana statute the Supreme Court upheld as constitutional in 2008. Its “reasonable impediment” exemption is also virtually identical to South Carolina’s voter ID law. South Carolina’s law was upheld by a three-judge federal court in the District of Columbia in 2012 and has caused no problems.

Judge Ramos may have a personal bias against voter ID laws, but as a federal judge she is not entitled to substitute her own policy preferences for those of elected lawmakers. As Judge Jones reminded us, “Courts must defer to [the government’s proposed remedy] unless the newly enacted plan is itself unconstitutional or violates federal law.”

Neither condition applies here, and Jones rightly reversed Ramos’s decision. Judge Jones has delivered a victory not only for the integrity of the ballot box, but for the rule of law itself.


Republished from The Heritage Foundation.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.