Ballot Security - June 2008

Ballot Security
Barbara Larson, Ballot Security chairman

I want to thank Shannon Dick and Bill Noble for their participation in the teleconference.  The following information on the Supreme Court decision and the history of the Voter ID Bill in the last legislative session was presented by Shannon Dick, Legal Counsel to Senator Jane Nelson.

H.B. 218 was filed in the House by Representative Betty Brown on November 14, 2006.  If passed, this bill would have required a picture ID in order to vote. This bill passed the House by 76 for and 69 against.  H. B. 218 was then sent to the Senate for their consideration.  The Senate Committee voted for the bill by a margin of 6-3.  In the Senate, a 2/3rds majority is required to bring a bill to the floor for consideration.   Since there are 31 Senators, it means that 11 Senators can block a bill.  When it came time in the 2007 Legislative Session to bring the bill up for a vote, it was blocked by a Democratic coalition of 11 Senators.  One story from the 2007 Session gives an idea of the intensity of the opposition we will face in 2009:  One of the Senators against bringing the bill to the floor was Senator Gallegos.  Senator Gallegos had a liver transplant prior to the vote and was told to recuperate at home, but instead  brought a cot into his Senate office in case the bill was brought up for a vote. 

Last Thursday, Senator Ellis and Senator Gallegos wrote an opinion editorial for the Houston Chronicle in which they reiterated that no law requiring a picture ID in order to vote was necessary. 

Any individual or group can testify for or against a bill.  Groups that testified for the bill during the 2007 Session included the following:

Immigration Reform Coalition of Texas

Texas Eagle Forum

Texas Conservative Coalition

 

Groups that testified against the bill during the 2007 Session included the following:

True Courage Action Network

Mexican American Legal Defense and Educational Fund

AARP

ACLU

Cameron County Democratic Party

Coalition of Texas with Disabilities

Texas Steelworkers Union

Texas Impact

Texas Building and Construction Council

NAACP

AFL/CIO

Texas Democratic League

People for the American Way

League of Women Voters

United Transportation Union

 

One important piece of news is that the Supreme Court recently upheld the constitutionality of an Indiana Voting Law that requires a picture ID in order to vote.  People against the law have said that it amounts to nothing more than a poll tax and disenfranchises voters. 

The Supreme Court found that a provision in the Indiana law providing a free photo ID was enough to prove that it did not amount to a poll tax.  It seems certain that in Texas the new bill will provide some component of a free picture ID for those who need it. 

Another argument against this bill is that it disenfranchises voters with no easy access to government offices and that there is no tangible proof that such a law is needed.

The Texas Attorney General filed a brief for the Supreme Court to consider when it was deciding the Indiana voter ID law.  In the brief, it was noted that the government has a vested interest in protecting confidence in elections.  Legitimate, honest voters are disenfranchised when there is even the threat of fraud.  It is a low burden on the voter to require a picture ID and the law is constitutional as long as the burden is low.

Please go to   http://tinyurl.com/5ncv8p  to view the Brief in its entirety.

 The Wall Street Journal conducted a poll and found that 80% of people favored having a picture ID in order to vote, with 62% strongly favoring the bill, and only 7% opposed to the idea.  Another poll found that 82% of the people favored a bill requiring a picture ID in order to vote, with 75% of Democrats in agreement. These polls let us see that many Democratic voters want a picture ID in order to vote, even though the opposition comes from the Democratic leadership.

Bill Noble, the owner and founder of Noble Strategic Partners, Inc, based in Austin, spoke to us.  Bill was the Executive Director of Texas Victory 2002 and 2004 and an advisor on 2006 and now 2008. He served on Governor Perry’s senior staff in 2003 - 2004.

Bill noted this issue is important to many Texans and is not a just Democrat vs. Republican issue.  He suggested creating a broad-based, statewide coalition of supporters from all demographics and party affiliation to promote this issue.  Bill noted the TFRW was instrumental in raising support for the elimination of the Telecommunications Infrastructure Fund tax and we would need to generate the same kind of grassroots heat to win this issue.   In addition, Bill will be developing strategies throughout the year and during the next Legislative Session to help us.

My job as TFRW Ballot Security Chairman is to inform TFRW members on the status of this issue and ask members to take specific actions.  I am requesting that everyone write the Texas leadership, and their Senators and Representatives.  If you do not know who your Senator or Representative is, please go to   http://tinyurl.com/2rmz9g  and type in your 9 digit zip code or your address.  I have a sample letter that members should ideally use as a guide for their own personal letter to their lawmakers.  I have also included a phone number and fax number for the Texas leadership on the sample letter if you would prefer to place a call or fax a letter.  Simply copy the letter to your computer and then edit it as you feel appropriate.   Please feel free to call me at 281-589-1984 or email me at barbaralarson@usa.net  if you have any questions and/or comments.