The Independent View: Texas Relents on Voter IDs for November

The State of Texas appears to have largely given up on enforcement of its strict Voter Photo-ID law for this fall's elections.

Lawyers for the U.S. Justice Department, Texas and Civil Rights groups filed a proposed order with a Federal Judge Wednesday that would allow Texas residents to vote with virtually any Government document containing their name and address if they sign affidavits saying they faced a "reasonable impediment" to getting a Photo ID.

The proposed settlement would also allow voters to use approved forms of Photo ID that have been expired for up to four years without signing any special paperwork.

The agreement follows a Federal Appeals court ruling last month striking down Texas's Photo-ID requirements as a violation of the Voting Rights Act because of the effect they have on minorities.

The State could have asked the U.S. Supreme Court to step in, but with its current complement of eight Justices it appeared unlikely the court would muster five Justices to give the State emergency relief in advance of the November election.

The deal is not a permanent resolution to the issue, but it will remain in effect while Judge Nelva Gonzales Ramos considers what long-term remedy is appropriate in the case. It's also possible the Texas Legislature could make changes to the 2011 Voter Identification law in an effort to have it meet legal muster.

"In light of the 5th Circuit's recent decision, we are working hard on saving all the important aspects of our voter ID law," said Marc Rylander, a spokesman for Texas Attorney General Ken Paxton. "Given the time constraints of the November elections and the direction of the 5th Circuit, today's filings pertain to a proposed interim remedy while we continue evaluating all options moving forward, including an appeal of the Fifth Circuit’s decision to the U.S. Supreme Court.”

One of the challengers to the Texas law welcomed the settlement, which also requires Texas to spend at least $2.5 million to educate voters about the new requirements.

"We are encouraged by this agreement," said Campaign Legal Center Voting Rights Counsel Danielle Lang. "It provides necessary and critical safeguards. We would not agree to any settlement that did not protect Texas voters and ensure eligible citizens would be able to vote on Nov. 8, 2016."

The GOP-controlled Texas Legislature contended that the 2011 measure was needed to prevent fraudulent voting. Democrats and Civil Rights groups have argued that the move was a deliberate effort to make it harder for minorities to vote.