iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
John M. Burns

GET UPDATES FROM John M. Burns
 

Is Texas' Voter ID Law Akin to a Poll Tax?

Posted: 07/14/2012 4:47 pm

Speaking at the NAACP Convention earlier this week in Houston, Texas, Attorney General Eric Holder stated that he believes that Texas' Senate Bill 14 ("SB 14"), which requires voters to show state issued photo identification when they head to the polls, is equivalent to a poll tax and indicated that the Justice Department "will not allow political pretexts to disenfranchise American citizens of their most precious right."

While Holder's statements received rousing applause from the 600 member NACCP contingent he addressed, his words have been viewed as political rhetoric by some members of the conservative base, who contend that he is playing the race card. But even putting politics aside, when considering the potential effects of SB 14, it is hard not to be reminded of a time not so long ago when southern states enacted poll taxes which achieved the desired result of disenfranchising potential African-American and Native-American voters.

Indeed, the Voting Rights Act of 1965, which is the law the Justice Department contends SB 14 runs afoul to, was enacted to combat those restrictive policies and to ensure that minorities could exercise their right to vote freely and were not disenfranchised by a biased and burdensome statutory scheme. Clearly, the Voting Rights Act was enacted to combat what was blatant suppression and exclusion of particular classes of individuals at the voting booth. And while SB 14 might not have been borne out of the same unashamed exclusionary framework that characterized the restrictive poll taxes employed in the late 19th century, the law may have similar restrictive and exclusionary effects.

SB 14 requires voters to provide state-issued photo identification. While the law sounds unbiased on its face, when you examine the underlying demographical statistics of the State of Texas you quickly identify a trend of potential disproportionate disenfranchisement of particular groups of individuals, whom mainly consist of the underserved and underrepresented members of our communities namely minorities, the poor, disabled, elderly and those in rural areas.

The federal trial brought by the State of Texas regarding SB 14 (State of Texas v. Holder) began on Monday and during opening arguments the Justice Department cited statistics that indicate as many as 1.4 million voters lack any form of acceptable identification per SB 14 requirements. And of those 1.4 million voting age citizens, the NAACP has confirmed that 25% of them are African-Americans, 16% are Latinos and 8% are White. And while the State of Texas does provide free photo identification cards for those seeking them to vote, they would have to be obtained in person, a burden for many residents, especially those in isolated regions and for those who might find it hard to miss work and lose pay.

In fact, the Federal Government has indicated that 81 of the Texas' 254 counties do not have offices where people can get the required cards. Indeed, statistics clearly indicate that SB 14 could suppress minority voter turnout by 3% to 5% and the Justice Department said Hispanic registered voters in Texas are 46.5% to 120% more likely than a non-Hispanic registered voter to lack the required identification. However, what is even more perplexing than these staggering statistics, which clearly conclude that the proposed law will be harmful to minority voters, is that under SB 14, a concealed handgun license would serve as acceptable identification to vote, but a student I.D. would not.

Texas legislators hailed SB 14 as a safeguard to eliminate voter fraud and ensure the integrity of the ballot box. However, Texas has yet to see a real scandal involving identity fraud at the voting booth and Obama Administration officials have concluded there is little evidence of voter fraud in Texas warranting the legislative changes. Indeed, in testimony given on Monday, State representatives provided far from convincing evidence to support their claim of voter fraud, but instead alluded to the fact that clerical and other mistakes are causal factors that contribute to errors at the polls. While instances of such voter fraud are extremely rare at best, every significant study of the potential effects of SB 14, indicate that the law would disproportionately affect minority, poor, disabled and elderly voters - the very population whose voting rights are the most vulnerable and whose rights should be protected, rather than attacked.

It is vital that SB 14 is examined and judged by the potential and obvious outcomes its implementation would produce, which will undoubtedly be to disproportionally disenfranchise and abridge the right of certain classes of American citizens to exercise their most precious right to vote. Certainly sounds reminiscent of a poll tax to me.

 

Follow John M. Burns on Twitter: www.twitter.com/JohnBurnsDC

FOLLOW POLITICS
 
 
  • Comments
  • 134
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2 3  Next ›  Last »  (3 total)
08:03 AM on 07/17/2012
"However, what is even more perplexing than these staggering statistics, which clearly conclude that the proposed law will be harmful to minority voters, is that under SB 14, a concealed handgun license would serve as acceptable identification to vote, but a student I.D. would not." How is this "perplexing"? Student IDs are non-standardized, easily faked, often require very little in the way of identity verification to obtain, and are non-government-issued. Concealed carry IDs are government-issued and require a background check. Clearly the author of the article is just trying to play partisan finger-pointing and make a case that the proponents of the law support gun-toting redneck republicans and want to suppress liberal-minded students. Sorry, not buying that Mr. Burns. All that's required to not be "perplexed" by this is a little common sense.
03:31 PM on 07/19/2012
You make a good point
but it only goes so far.
I would want to know the flip side--what steps the state govt
would take to ENSURE that citizens i.e. LEGAL VOTERS
are not being denied their right to vote.

If a law were to pass that makes it difficult or impossible
for even one legal voter to vote, I would say that's a bad law.
Now, you may not agree, but what if YOU were that one?
09:12 PM on 07/16/2012
The Republican right-wing is trying to pass a bunch of racist laws hoping to impede the 2040 changing of the guard. That is when the minorities officially become the majority population in the United States of America, and when the Republicans reign in in American politics will become, just one big bad memory! Demographic statistics do not lie. Big changes are coming in the next thirty years that scare the Republicans to death, because they know that they stand a better chance of seeing it rain in Hell, than them ever winning a presidential election after 2040!

The changing face of America: Time-lapse map reveals how non-whites will become the majority in U.S. within 30 years

http://www.dailymail.co.uk/news/article-1391346/The-changing-face-America-Time-lapse-map-reveals-non-whites-majority-U-S-30-years.html
12:24 PM on 07/16/2012
Hey, GOP, did you know that the majority of voter fraud that occurs is in the form of absentee/mail-in ballots? Did you also know that you do not need to send a photocopy of a photo ID when you cast these ballots? That means that if people really are casting fraudulent ballots, they can just steal a person over 65's Social Security number, and vote on that person's behalf, thus rendering the voter ID law fighting voter fraud as worthless. Now, tell me this: Why wouldn't the GOP want the voter ID law to apply to people voting in absentia, hmmm? Could it be because the majority of people who vote in absentia are military personnel overseas, old white men, and the 1%, or people who tend to vote Republican? Highly suspect...
10:11 AM on 07/16/2012
If NO photo ID is required to vote, the election should be challenged the very next day for voter fraud.
12:37 AM on 07/16/2012
I want to meet some of these ID less people??? I don't believe they even exist!!! Because who could function in 2012 with no form of ID????
This user has chosen to opt out of the Badges program
photo
shryock
It never is what it is anymore
08:04 AM on 07/16/2012
You have missed the point. Most people have ID.
They have student IDs, they have work IDs, they have credit cards, they have library cards, they have social security cards. They have wallets full of ID.

None of those count.

The law requires specifically a state issued photo ID.
In order to get one, you must go to a DMV office.
There are 173 counties in Texas that do not have DMV offices.
10:51 AM on 07/16/2012
You just proved my point!!! How do you expect anyone to believe that anyone could have all these forms of ID but no Drivers License or State ID??? You NEED an ID to get these things!!! SMDH.....Like I said, I don't believe these ID less people are out there because if the were, every advocacy group in the country would have had them front and center in the media and telling their story!!! Untill I see that, YOU NEED A FREAKIN ID TO VOTE!!!
photo
HUFFPOST SUPER USER
Martha Fair
Professional RepubliBilly Factchecker
07:53 PM on 07/15/2012
I hope all the old voters with adult onset dementia who always vote Republican forget to bring all their ID's they need and the RepubliCONS loose because of their own law. That would be a hoot and I bet they never thought of that scenario. Better make sure the democrats have polling judges at the polls or they may try to pull a fast one with these laws.
photo
HUFFPOST SUPER USER
scooter1
Bias is irrelevant to truth
07:41 PM on 07/15/2012
I cant wait for Texas to be overwhelmingly hispanic.
photo
HUFFPOST SUPER USER
USA FIRST1
07:03 PM on 07/15/2012
Was it a poll tax when the bank asked for ID, or the corner liqour store asked for ID? Well there you go then! Anonymous people shouldnt be allowed to participate in federal elections. And if those anonymous peoples biggest concern is voting and are adults and still dont have ID then I think they probably have bigger problems to worry about.
photo
HUFFPOST SUPER USER
scooter1
Bias is irrelevant to truth
07:41 PM on 07/15/2012
No, it wasn't a poll tax when the bank asked you for ID because you don't vote to cash a check. Anaonyomous people aren't allowed to participate in federal elections or any other kind of election. Stop with the stupid strawman argument.
photo
HUFFPOST SUPER USER
USA FIRST1
09:37 PM on 07/15/2012
If their not showing ID then theyre identity isnt verified, hence they might as well be anonymous since nobody really knows for sure who they are.
This user has chosen to opt out of the Badges program
photo
shryock
It never is what it is anymore
08:07 AM on 07/16/2012
The bank does not require a state issued photo ID.
If the bank will accept my library issued photo ID as ID for cashing a check, why can't I use that as my voter ID?
photo
HUFFPOST COMMUNITY MODERATOR
spashilk
When karma comes calling, ducking won't help.
06:57 PM on 07/16/2012
Because a library card means you might be a reader and that usually indicates an educated person and that usually indicates a Democrat. In Tx and Arizona they want a gun permit to be acceptable, but not a student ID. See how that works.
05:59 PM on 07/15/2012
If these people needed a photo ID to get their welfare checks, they would need to hire 2x at the DMV.
photo
HUFFPOST SUPER USER
DaCoach
04:12 AM on 07/16/2012
"These people"? Come on. Be specific. Tell us who these people are. We know what you really want to call them.
This user has chosen to opt out of the Badges program
photo
shryock
It never is what it is anymore
08:17 AM on 07/16/2012
"These people" include people much like your mom and dad, and your sisters and brothers, and your children. "These people" are people who do not drive, do not need to, because they walk to work, or take a bus to work, they walk to the voting place to vote. They walk to the store, they know their neighbors and their neighbors know them. They work at Walmart and have company badges. They have credit cards with their photos. They have library cards. "These people" are your neighbors.

Since a social security card, library card, a company badge, or voter registration card counts as ID when working and when applying for retirement benefits or public assistance, why should anyone need yet another ID?
09:42 AM on 07/16/2012
I can guarantee you that they are not like my mother, father, sister or brother.  Everyone in my family is a productive member of society - which requires having a photo ID.
photo
HUFFPOST COMMUNITY MODERATOR
zeezan
Life-long Liberal
05:04 PM on 07/15/2012
Your comment is a perfect example of completely missing the point.
photo
HUFFPOST SUPER USER
mabinog
My micro-bio is a desolate wasteland
04:28 PM on 07/15/2012
It would seem like the GOTP would figure out that if they want people to believe that they are really trying to stop fraud that they would have chosen last year to start the process of voter roll maintenance.
photo
HUFFPOST SUPER USER
mrs young
Benghazi.......answers please..
03:24 PM on 07/15/2012
"And of those 1.4 million voting age citizens, the NAACP has confirmed that 25% of them are African-Americans, 16% are Latinos and 8% are White. "

And the rest are?
photo
HUFFPOST SUPER USER
mabinog
My micro-bio is a desolate wasteland
04:17 PM on 07/15/2012
registered to vote...................
photo
HUFFPOST SUPER USER
mrs young
Benghazi.......answers please..
09:00 PM on 07/15/2012
"the Justice Department cited statistics that indicate as many as 1.4 million voters lack any form of acceptable identification per SB 14 requirements. And of those 1.4 million voting age citizens, the NAACP has confirmed that 25% of them are African-Americans, 16% are Latinos and 8% are White.

I repeat myself - and the rest are?
photo
HUFFPOST SUPER USER
vietveter
To the FAR LEFT
02:16 PM on 07/15/2012
If the law is written as the article infers then it is exclusionary

and aught to be deemd as such. Quit doing the G O Pee

thing and try doing the right thing. "The vote" should be

protected, not managed.
02:12 PM on 07/15/2012
Given what unfolded in that Federal Courtroom last week, this comes off as a comedy routine. First, the necessary ID is free to obtain, poll tax? Laughable. I would encourage you to more carefully study the transcripts of the trial and seriously consider some of the utterly embarassing moments DOJ witnesses endured under questioning.

When you got no game, evoke racism...how intellectual.
HUFFPOST PUNDIT
realpolitic
Proud member of the reality-based community!
02:10 PM on 07/15/2012
Republicans want to disenfranchise tens of thousands to stop one or two cases of voter fraud.  The scales of justice tip more to the injustice of what they are doing.  Of course, they claim they are not trying to disenfranchise anyone when the weight of evidence is very clear they want to do exactly that.  "About a week ago, Republican Mike Turzai, Pennsylvania’s House Majority Leader, made a startling confession. Boasting about the state’s new voter-ID law, which was ostensibly about the integrity of the electoral process, Turzai bragged that the law “is gonna allow Governor Romney to win the state of Pennsylvania.”"