Wednesday, July 20, 2016

this just in, Texas is going to do what Wisconsin just did, have an affidavit option for those who can't get ID. Today was the deadline the Supreme Court had set. I think it's interesting both of these courts came up with the idea independently.
The 5th circuit ruled that there was a voting right act violation, but limited the relief to the affidavit option instead of striking down the statute. Hasen has a good analysis. http://electionlawblog.org/?p=84442. So the battles now are not about getting voter ID struck down, it's about a death by 1000 cuts of going after pieces of it. I'm not sure if this helps my case any. I have a potential challenge to Indiana's voter ID based on that they don't provide provisional ballots when they are supposed to; they just tell people they can't vote.

I'm not addressing the small minority of people who can't get ID without undue burden, I'm addressing the larger population who have ID but refuse to show it,  so they've been mostly staying home, with effects that distort the integrity of the election process.  I think the recent cases show a willingness to tolerate this, but there's still more that could be done to bring those kind of cases.


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