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Fifth Circuit delivers opinion on voter ID law

Even if the Texas Legislature did not intentionally pass a voter identification law that illegally discriminates against voters who are black, Hispanic or poor, the practical effect of the law is discriminatory and in violation of the federal Voting Rights Act.

A 49-page opinion of a three-judge panel of the U.S. Fifth Circuit Court of Appeals was released on Aug. 5. The panel ordered that much of the case be remanded to a federal district court in Texas for further consideration.

When the Legislature passed Senate Bill 14 in May 2011, plaintiffs led by then-state Rep. Marc Veasey of Fort Worth filed suit, naming then-Gov. Rick Perry, the secretary of state and the chief of the Texas Department of Public Safety as defendants. Plaintiffs argued that the intent of the law was to suppress the minority vote and the law’s requirement that a voter, to cast a ballot in person, must first present one of several forms of photo identification in addition to their voter registration certificate, amounts to an illegal poll tax. The U.S. District Court, Southern District of Texas, agreed and top state officials, acting on behalf of the state, appealed.

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