Tag Archives: Voting Rights Act of 1965

News21 prepares for Texas voter ID court case

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On Monday, Washington, D.C., District Court will hear testimony over the Department of Justice’s rejection of the Texas voter ID law.

The News21 team is gearing up for the trip to D.C., and as we prepare for this case, we wanted to give you a brief look at the major players and what is at stake.

The law

The Texas Legislature passed its voter ID law in March 2011 on a party line vote — Republicans in favor and Democrats opposed.

Federal approval

Texas is one of nine states subject to preclearance by the U.S. Department of Justice under Section 5 of the Voting Rights Act. After a slow response by Justice and the denial of a similar law in South Carolina, Texas officials decided to sue Attorney General Eric Holder before the Texas law could be denied preclearance.

The state sued on Jan. 23, although the department did not
formally deny preclearance until March.

What’s at stake

Texas legislators argue that the law is an attempt to prevent voter fraud by instilling confidence in the electoral process and giving election officials the tools to maintain the integrity of elections.

In court documents filed by Texas, the state also argues that federal oversight of the law overreaches authority.

Attorney General Holder and advocacy groups assert that the
law could disenfranchise thousands of registered voters — particularly Latinos,
who are one in five registered voters in Texas.

By Lindsey Ruta, News21

J. Morgan Kousser: The Voting Rights Act and Hispanic Voters

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UPDATE: 07/10 — J. Morgan Kousser testified today in the Federal Appeals Court hearing. Lawyers for both sides came to a last-minute agreement on witness lists.

The Voting Rights Act faces a sustained legal challenge that could threaten its existence, a Cal Tech researcher says, and there are striking similarities – with a notable demographic difference – to historic voting rights battles.

“After the initial passage of the Voting Rights Act, there was a huge attempt to inhibit the growth of political participation,” J. Morgan Kousser, a professor of history and social science at the California Institute of Technology, said of the 1965 law.

“But today, what we see is more than anything a reaction to the growing Latino population and a reaction to Latino growth in places where it really hasn’t been before.”

States such as Iowa, North Carolina, Ohio, Georgia and Virginia fit that profile, Kousser said. He planned to testify in the scheduled federal court hearing on the constitutionality of the new Texas voter ID law, but the state’s legal team successfully petitioned last week to deny his testimony calling it opinionated and tangential.

If the U.S. Supreme Court takes up a case challenging all or parts of the Voting Rights Act in its next term, Kousser said it is possible that the entire law could be ruled unconstitutional, opening the door to a new series of election laws.

“Suppose you made everybody re-register in a central location in a limited amount of time, and did not make that registration permanent,” Kousser said. “Nobody’s proposed this yet, but we had the umbrella of the Voting Rights Act protecting against such things.”

By Nick Andersen, News21

Alabama county argues part of Voting Rights Act is unconstitutional

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Alabama county argues part of Voting Rights Act is unconstitutional

Frank Ellis Jr., is the attorney for Shelby County, Ala. By Khara Persad/News21

The attorney for Shelby County, Ala., has filed a lawsuit that contests the constitutionality of Voting Rights Act sections that require federal oversight of any changes in election laws in all or portions of 17 states.

Attorney Frank Ellis Jr., argues in the lawsuit, which could reach the Supreme Court, that the requirements of sections 4(b) and 5 are a burden based upon voting discrimination practices that have disappeared since Congress passed the law in 1965.

“To require governments to spend tens of millions of dollars — local governments that need that money for other purposes, for education, for police protection, for facilities and infrastructure — it’s archaic and out of date,” Ellis said.

By Jack Fitzpatrick and Khara Persad, News21