Texas Voter Photo ID Controversy
The Texas Legislature has been involved in long sessions and heated debate under a Texas Senate bill backed by Republicans that would require voters to show either a single photo identification (ID) or two non-photo IDs. Many Democrats say the measure will discriminate against the elderly, the disabled, the poor and point out that there is no current evidence of significant voter fraud in the state. Is the photo ID requirement really an anti-Hispanic measure or is there more to the story? Should we apply some common sense to this situation instead of outdated rhetoric?
The Brennan Center for Justice at New York University School of Law says that studies have shown that across the nation about 12% of eligible voters cannot vote because of a lack of photo ID. They state that getting the “underlying documentation” for those discriminated groups mentioned above is difficult to obtain which is prerequisite to getting a photo ID. However the Supreme Court ruled in 2008 to uphold Indiana’s requirement for voters to present a photo ID at the time of voting saying that such a requirement was not unconstitutional. The Court further declared that there was a “valid interest” in deterring voter fraud and improving election procedures. The Indiana law allows those without photo ID at the time of voting to cast a provisional ballot with the understanding that they must present a valid photo ID within ten days following their vote. The statue contains an exception for persons living and voting in a state-licensed facility such as a nursing home
The image below shows the current status of photo ID requirements for voting in the various states
Senate Bill No. 362 was voted for by all Texas Republican State Senators and opposed by the Democratic State Senators. The bill provides for provisional balloting should there be inconsistencies in the voter registration list by omission or wrong precinct. A viable photo ID is defined by a lengthy list of federal, state, and local documents including a local library card. There is no provision for nursing home residents as is found in the Indiana law. According to the Dallas Morning News, Republican Rep. Todd Smith who is the Chairman of the Texas House Elections Committee, indicated there will likely be a further clarification that a voter registration would count as one of the two non-photo IDs that can be used in place of a photo ID when the measure is taken up in the House.
Many local Hispanic leaders but not all are making this a voter’s rights case that they say perpetuates discrimination against Latinos. At the same time there is a growing controversy in the South Texas town of Progresso where there is a Hispanic vs. Hispanic fight over alleged improprieties in the school board election of 2008. At least a dozen affidavits were officially submitted from both voters and official election observers of wrong doing but so far there has been no conclusive action taken. The Dallas Morning News reports that Advocacy Inc., an Austin based advocacy group for the disabled that supports the Help America Vote Program, has reported that these affidavits were sequestered until recently while some of those against the photo ID measure like Rep. Rafael Anchia (D-Dallas) say that was staged to help promote the new law.
I have no doubt that are potentially a significant number of elderly and/or disabled Hispanics who have difficulty documenting their status. These American citizens do deserve their Constitutionally guaranteed right to vote as much as anyone else. At the same time, now more than ever, all Americans must be able to trust the results of an election. Most of the poor and elderly exist in federal and state databases where they are receiving services such as Medicaid, Medicare, and Social Security. Our election registration process is too passive about relying on potential voters to volunteer for registration. Our election officials should be given the tools and resources to make sure that every American who is eligible to vote is registered using these databases. We spend too much time worrying about voter registration during elections and not enough time getting voter registration done thoroughly in the lapse between elections.
These databases would be easily cross referenced with photo identification databases so that a photo ID would be available to elections officials. Instead of voters having to produce a photo ID and having the election official determine it’s authenticity , the preferable modern technological answer would be to have the photo ID image available electronically right there at the check-in for voting. To prepare for this initiative the elections officials would specifically contact those individuals who show up in the databases who appear to be eligible voters but have no photo ID. If someone is disabled or has difficulty with transportation a designated official from the elections office or whomever the state designates such as DMV would go to the voter and collect a photograph.
Many Hispanics are sensitive to the past of Anglo paternalism when things like the poll tax and English language proficiency requirements were the rule. Whether we like to admit it or not, everyone in South Texas knows that time required the development of strong political machines to help us get our voices heard. It is time to turn the page on the “Border Boss” concept because the contemporary fight is not Anglo vs. Hispanic but Hispanic vs. Hispanic. Those that try to claim Hispanic rights are being crushed in a thinly obscured measure really meant to help the “Border Bosses” have missed the whole point of our struggle.
Thanks for reading Contempo Magazine blog which discusses issues for McAllen, the Rio Grande Valley, and America from a conservative Hispanic point of view. Tony Magaña grew up in McAllen Texas, attended Texas A&M University, served as an officer in Army Reserve, and holds a doctorate from Harvard University. The co-founder of Contempo Magazine has participated in Valley business for over 20 years. He is a member of the National Association of Hispanic Journalists and also writes for the American Daily Review
