TX GOP Photo ID Voter Suppression Working as Hoped, Keeping (Certain) Voters From Voting

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[This article now cross-published by Salon…]

Congratulations, Texas Republicans! Mission accomplished! Ya’ll kept this guy from being able to cast his vote this year!…

The TX GOP has also kept a 93-year old veteran from being able to vote (because, ya know, fuck him and his “freedom”) along with a whole bunch of others this year that we’ll get to in a moment, thanks to their new polling place Photo ID law which was found to be both “purposefully discriminatory” and an “unconstitutional poll tax”.

Unfortunately, despite the U.S. District Court judge’s well-documented findings after a year-long trial process, the U.S. Supreme Court is allowing the law to be implemented this year anyway. Their apparent reason: the lower court struck down the law due to illegalities and unconstitutionalites of the Photo ID scheme, but that determination happened just too close to this year’s elections to be allowed to stand this year.

But that 93-year old vet and the man pictured above, 45-year old Eric Lyndell Kennie, are hardly the only ones losing their right to vote in the Lone Star State election this year due to the Republican voter suppression scheme. The unconstitutional law, for now, replaces the state’s previous Voter ID law which had already required every single voter to present an ID at the polls before voting. That’s right, that was already the law since 2003, and during the trial, state Republicans were only able to demonstrate two cases of polling place impersonation over the past decade out of 20 million votes cast in the same period.

Nonetheless, with the new, much more draconian version of the law threatening some 600,000 legally registered voters who do not have the new type of ID required to vote, all sorts of disenfranchisement is already underway.

Let’s start with Kennie’s story, since it’s both amazing and heart-breaking, even if, we fear, not particularly unusual right about now…

As reported by Ed Pilkington at the Guardian this week, Kennie has never left the state of Texas. He’s never even ever left Austin, where he was born and raised. He’s never had a driver’s license, but he does have a state-issued personal ID card and a voter registration card. He has always used them — or, at least used to — when voting, since he’s always tried to vote in every general election.

But now, neither his personal ID card, which is expired, or his voter registration card is acceptable for voting under the new law.

Kinnie has spent the last year trying and trying to get a supposedly “free” Election Identify Certificate (EIC) in order to vote. Yet, despite repeated trips to the TX Dept. of Public Safety (DPS) to obtain that “free” state-issued ID, Kinnie is still out of luck…

He presented them with his old personal ID card — issued by the DPS itself and with his photo on it — but because it is more than 60 days expired (it ran out in 2000) they didn’t accept it. Next he showed them an electricity bill, and after that a cable TV bill, but on each occasion they said it didn’t cut muster and turned him away.

Each trip to the DPS office involved taking three buses, a journey that can stretch to a couple of hours. Then he had to stand in line, waiting for up to a further three hours to be seen, before finally making another two-hour schlep home.

Kennie was told he’d need to go to a different part of town (“another three-bus trek to the official records office”) to get a birth certificate, which costs $23, and then get himself back to the DPS yet again if he wants that “free” ID. He only makes about $15 to $20 per day collecting cans, bottles and metal for recycling, so $23 (plus all the bus fare) is not easy.

Nonetheless, he made the trip, paid the poll tax for the birth certificate and then made the trip back to the DPS. Again. However…

When he took it to the DPS (another three buses there, three buses back, another two hours waiting in line) they told him that the name on the birth certificate didn’t match the name on his voter registration card. The birth certificate has him down as Eric Caruthers – his mother’s maiden name – even though his parents were married at the time he was born.

Bad luck, Eric. Guess you should have thought of that when you were born. No voting this year for you.

In Eric Kennie’s case, there is no clear way out of the morass. He could go to court and ask for the name on his birth certificate to be changed to correct the error, but that would take hiring a lawyer for a fee that he could not afford.

The one thing he is not prepared to do is to give up the fight. Though he has admitted defeat this election cycle, he is determined to find a way through the mess and regain his vote.

“I do need to vote, I really do,” he said. “It’s too late for me, but this is for the next generation. They need us to get out the people who harm us and bring in folk who will make things a little better.”

Kennie is hardly the only one having trouble exercising the right he had always enjoyed up until the Texas Republicans decided to take it away in their shameful drive to retain political power.

The Brennan Center for Justice at NYU’s School of Law has been detailing similar stories. Here are a sampling…

Jesus Garcia was born in Texas and lives in Mercedes. He was unable to vote with his driver’s license, which expired about a year ago. He went to the Weslaco Department of Public Safety (DPS) office twice and both times was unable to get an ID. His birth certificate was stolen and he does not have a copy. He wants to get identification, but to get both a replacement birth certificate and a new ID would be more than $30 combined. He is working a lot of hours, but money is tight. With rent, water, electricity, and everything else, Mr. Garcia is not sure he will be able to afford those documents, much less before the election.

Even if he does have the money, he will need to go through the whole process of getting the documents and going to the office again, when he has already tried to vote once and gone to a DPS office twice. Mr. Garcia thinks it is unfair that he cannot vote with the documents he has. He was born here and he has an ID with his picture on it; it’s just expired. He has a voter registration card, and voted in past elections.
Krystal Watson is a student at Wiley College in Texas, a historically black college. She is originally from Louisiana and has voted in past elections in Texas. This year, she signed up as a deputy registrar and registered about 100 people to vote. The person who deputized her told her the registration rules but not about the new voter ID requirement. When she herself went to vote, she was not allowed to cast a ballot because she had a Louisiana driver’s license and a Wiley College ID, but not the ID required by the law.

Ms. Watson stated that she has observed many other students having trouble voting.

Mr. R is an American in his 30s who lives in the small southern Texas town of Edcouch. He and his wife were both turned away from the polls last week because they do not have satisfactory identification under the new ID law. Mr. R had a driver’s license that was valid until 2015, but it was taken away from him in connection with a DUI. Mr. R tried to use a driver’s license that expired in 2009 – which he had used successfully to vote at the same polling location the last time he voted – as identification. This time, when he went to the polls during early voting, he was told, “You can’t vote with this card.”
Esmeralda Torres is a disabled American who lives in Elsa. She first learned about the new ID law when she tried to vote. She was blocked because she didn’t have acceptable ID. Her disabilities preclude her from driving and make it hard for her to get around. Ms. Torres had previously tried to get an ID but had been rejected because she lived with her sister and had few documents containing both her name and her physical address.
Olester McGriff, an African-American man, lives in Dallas. He has voted in several Texas elections. This year when he went to the polls he was unable to vote due to the new photo ID law. Mr. McGriff had a kidney transplant and can no longer drive; his driver’s license expired in 2008. He tried to get an ID twice prior to voting. In May, he visited an office in Grand Prairie and was told he could not get an ID because he was outside of Dallas County. In July, he visited an office in Irving and was told they were out of IDs and would have to come back another day.

He is unable to get around easily. Mr. McGriff got to the polls during early voting because Susan McMinn, an experienced election volunteer, gave him a ride. He brought with him his expired driver’s license, his birth certificate, his voter registration card, and other documentation, but none were sufficient under Texas’s new photo ID requirement.

Gary Gross has been serving as a get-out-the-vote volunteer, giving voters rides to the polls during early voting. He encountered a voter who could not meet the new photo ID requirement. Even after Mr. Gross spent more than an hour trying to help the voter find out the rules from election officials, the voter was unable to cast a ballot or get the identification he needed. The voter’s driver’s license expired in March – there was no question as to the voter’s identity, but the ID did not count. Through Mr. Gross’ help, the voter found out he is theoretically eligible for a “free” election identification certificate, but the voter does not have a birth certificate, so he lacks the documentation he needs to get the EIC.

“No one knows how many other voters are being turned away because of the draconian new law,” the Brennan Center explains. “For example, one election official reported that in one day of early voting at a single site, seven voters were turned away because they had expired or insufficient ID.”

Congratulations, Republicans! Those Americans who have died while fighting for and protecting democracy thank you very much for cherishing their memories.

* * *

UPDATE 11/3/2014: More on the “huge problem” students are now having voting in TX under the GOP’s Photo ID voter suppression law.

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11 Comments on “TX GOP Photo ID Voter Suppression Working as Hoped, Keeping (Certain) Voters From Voting

  1. Olester McGriff was lied to by the office in Irving if they told him they were out of IDs. Our IDs are not given to us the day we apply for them; we get a photocopy of what the new ID will look like to use until we get the ID itself in the mail in a couple of weeks. And they come from the main DPS office in Austin. I know this because I just had to renew my driver’s license in August and that was the way it was handled. My daughter also renewed her state-issued photo ID this year in September and she said it was handled exactly the same way. So why did this office lie to Mr. McGriff? Is that something you could check out?

  2. Thanks, Mary. I don’t know if EICs are issued any differently than regular drivers licenses or regular state-issued photo IDs (which are good for stuff other than voting, unlike the EIC), but I’ve forwarded your comments to Brennan Center and some others, in case it’s helpful. Don’t know if they (or I) will have time to figure it out between now and Election Day. But the input is much appreciated!!

  3. The GOP (Group of Paranoids) are afraid to be Americans.

    (The song lyrics “I am proud to be an American” will have to be changed to “I am afraid to be an American” so they can sing the truth).

  4. Thanks, Brad, for forwarding my email to the Brennan Center. It really bothered me that the Irving office told the man they were out of IDs. I also wonder if he was trying to get the voter ID or the state-issued ID for non-drivers.

  5. I’m not a lawyer, but it seems to me that 2 USC 6 applies to Texas,and someone needs to sue to get an injunction forcing the required reduction in representation.

    §6. Reduction of representation

    Should any State deny or abridge the right of any of the male inhabitants thereof, being twenty-one years of age, and citizens of the United States, to vote at any election named in the amendment to the Constitution, article 14, section 2, except for participation in the rebellion or other crime, the number of Representatives apportioned to such State shall be reduced in the proportion which the number of such male citizens shall have to the whole number of male citizens twenty-one years of age in such State.

    (R.S. §22.)
    Codification

    R.S. §22 derived from act Feb. 2, 1872, ch. 11, §6, 17 Stat. 29.

    If the estimates of ~600,000 disenfranchised voters are correct, and we assume about 1/2 are males over 21, then when you work out the math, Texas should lose at least one representative to congress. I’m not sure who the injured parties might be, but I think any other state that is not “denying or abridging” votes would clearly be suffering an injury. The only problem with this is that a lawsuit to enforce this provision would probably have to go directly to the Supreme Court, where it would likely be granted cert and then ruled against by the 5 conservatives.

    In any case we need a campaign to enforce 2 USC 6 against these voter id states that are “denying and abridging” voting rights.

  6. I’m curious how a 93-year old veteran has managed to never leave Austin, TX? Did he do all of his training and deployments in Austin?

    Second thought, as a resident of the state of Texas, I’m glad people have pointed out that the gentleman in Dallas who was “refused” an ID twice pointed out that it is impossible for them to be out of cards since the print the ID out on plain printer paper and mail the card within a few weeks. They don’t have to be in the same county either, it can be done at any DPS office.

    Finally, the Eric Lyndell Kennie story is full of holes, and I question it’s validity. In the story it noted that he had previously been issued a Texas ID card, which means he had to have presented a birth certificate that was acceptable at the time it was issued. That expired ID card is one of the accepted means of establishing his identity under the “Supporting Identity Documents”…

    Texas driver license or ID card that has been expired more than two years.

    So twice now I’ve seen stories about how people are being disenfranchised by the Texas law, but they are easily proven to be false. Why is that?

  7. C. Galloway @ 6 said:

    I’m curious how a 93-year old veteran has managed to never leave Austin, TX? Did he do all of his training and deployments in Austin?

    You may want to read the story a bit closer. That’s two different voters. If your error was due to my confusing writing, my apologies.

    Second thought, as a resident of the state of Texas, I’m glad people have pointed out that the gentleman in Dallas who was “refused” an ID twice pointed out that it is impossible for them to be out of cards since the print the ID out on plain printer paper and mail the card within a few weeks.

    It’s unclear whether that’s the case or not, since EICs may work differently than drivers licenses or personal ID cards.

    Finally, the Eric Lyndell Kennie story is full of holes, and I question it’s validity. In the story it noted that he had previously been issued a Texas ID card, which means he had to have presented a birth certificate that was acceptable at the time it was issued.

    You sure about that? What were the requirements for a personal ID card in TX back in the 1990s (or earlier) when he got his TX Personal ID card that expired in 2000?

    That expired ID card is one of the accepted means of establishing his identity under the “Supporting Identity Documents”

    Nope. You are wrong, at least according to the TX Sec. of State’s website [emphasis added]:

    If you do not have any of the following acceptable forms of ID, beginning June 26, 2013, you may apply for an Election Identification Certificate (EIC) at no charge. However, if you already have any of the following forms of ID, you are not eligible for an EIC:

    • Texas driver license—unexpired or expired no longer than 60 days at the time of voting
    • Texas personal identification card—unexpired or expired no longer than 60 days at the time of voting
    • Texas concealed handgun license—unexpired or expired no longer than 60 days at the time of voting
    • U.S. passport book or card—unexpired or expired no longer than 60 days at the time of voting
    • U.S. Military identification with photo—unexpired or expired no longer than 60 days at the time of voting
    • U.S. Citizenship Certificate or Certificate of Naturalization with photo

    Where does the TX SoS (or any other TX authority) instruct that an expired TX personal ID card is an “accepted means of establishing his identity”?

    Texas driver license or ID card that has been expired more than two years.

    You didn’t have the courtesy to link to whatever it is that you were quoting from, but I appear to have found it. That seems to be a quote from an “Identification Requirements” page at the TX Dept. of Public Safety (DPS).

    That page states that “There are three ways an individual can verify his/her identity when applying for a drivers license or identification card”:

    1. Bring one item listed in the “Primary Identity Documents” category or
    2. Bring two items listed in the “Secondary Identity Documents” category or
    3. Bring one item listed in the “Secondary Identity Documents” category and two documents listed in the “Supporting Identity Documents” category

    The “Texas driver license or ID card that has been expired more than two years.” that you cite is listed in the “Supporting Identity Documents” section. So, without being able to present the items listed in 1 or 2 above, he’d have had to have a “Secondary Identify Document” and two from the “Supporting Identity Documents” list.

    Presuming that page is accurate (and the TX SoS has changed the rules on the fly since passing SB 14 in 2011, btw), while Kennie’s expired Personal ID might have worked as one “Supporting” document, he still would have needed a “Secondary” document and another “Supporting” document.

    Since he didn’t have any of the “Secondary” documents, as listed here…

    • Original or certified copy of a birth certificate issued by a State Bureau of Vital Statistics or equivalent agency from a U.S. state, U.S. territory, the District of Columbia or a Canadian province
    • For U.S. citizens born abroad—Certificate of Report of Birth (DS-1350 or FS-545) or Consular Report of Birth (FS-240) issued by the U.S. Department of State
    • Original or certified copy of a court order with name and date of birth indicating a name and/or gender change from a U.S. state, U.S. territory, the District of Columbia or a Canadian province

    …His expired personal ID wouldn’t have done the trick. Sorry.

    So twice now I’ve seen stories about how people are being disenfranchised by the Texas law, but they are easily proven to be false. Why is that?

    Because you either don’t know how to read, or don’t care to check the actual facts? Or because you just want to believe they are “proven to be false”, when they haven’t been? That’s just a couple of guesses.

  8. Whole thing is absolutely asinine in my opinion, close the borders, and kick out the people who are not Citizens. Until that happens, there is no Chain of Custody of Who is eligible citizen to vote. D’s have to see that this is why R’s fight this at the ballot box.

    Whoever is saying leave the borders open and unchecked does not have the best interest of this country in their plans.

  9. Jefferson @ 10:

    Whoever you are…

    a) Please stop spamming comments on every article with the same nonsense over and over again. b) No, non-citizens are not voting or stealing your elections.
    c) Even if they were (which they are not), polling place Photo ID restrictions have nothing to do with stopping it. (Yes, non-citizens have drivers license and other ID that is allowable for voting under Photo ID voting restriction laws.)
    c) Read and learn something please: https://bradblog.com/?p=9412
    d) Stop being a dupe.
    e) Thank you.

    Oh, and, since you don’t seem to know, immigration is at the lowest rate its been in decade, Obama has deported more immigrants than any other President and has put more money into border security than any other President.

    Not that I support any of that, but please see item (d) above again. Thanks.

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