Judge Orders Texas to Make Voter Registration Easier When Updating DMV Info

A Federal Judge gave Texas 45 days to Implement a New Process for taking Voter Registrations and Changing Registration Information when Residents use a State Online Information Portal, after Ruling the State’s current Practice was Illegal.

U.S. District Judge Orlando Garcia on Friday ordered Texas to change its Online Process by July 2nd so that People can simply Check a Box Online indicating that they wish to Register or Update their Voter Registration when they use the Texas Department of Public Safety’s Online Portal to Renew their Driver’s License or Change their Address. The Order came as part of a Lawsuit brought on behalf of Four Texas Voters whose Voter Registration Information was not Updated when they went Online to Update the Address on their Driver’s Licenses.

If someone wanted to Register or Update their Voter Registration, the State required they Print Out, Sign, and Mail in a Separate Form. Texas Officials argued that State Law Required any Voter Application to be Signed, but the Challengers said that the State’s Practice Violated the 1993 National Voter Registration Act (NVRA), or Motor Voter Law, which requires State Motor Vehicle Agencies to offer People the Opportunity to Register to Vote and to use the Information in a Driver’s License Application simultaneously as a Voter Registration Document if they want to Register. From 2013 to 2015, over 1,800 People complained they were unable to Register to Vote when Updating their Information Online. There are over 15 Million Registered Voters in the State.

Garcia sided with the Challengers and Permanently Blocked Texas from continuing its Current Practice for Online Driver’s License Renewals or Changes of Address. Lawyers for Texas Attorney General Ken Paxton (R) said in a Court filing Monday they were Appealing Garcia’s Order to the U.S. Court of Appeals for the 5th Circuit. They asked Garcia to pause his Order while the Appeals Court considered their Request.

Beth Stevens, the Voting Rights Director at the Texas Civil Rights Project (TCRP), which brought the Suit on behalf of the Plaintiffs, praised Garcia’s Decision. “It’s long past time for the State to stop wasting time and resources defending its unlawful violation of this pivotal voting rights law,” Stevens said in a Statement. “We urge State officials to come to the table and work with us to implement the court’s plan which will ensure that not one single voter loses their opportunity to vote.”

Garcia also gave the State Two Weeks to submit a Proposed Educational Campaign using Three Forms of Media to Inform the Public about the Changes to the Online Process. He also ordered the State to provide Annual Updates to the Texas Civil Rights Project, including Information on the Number of Voter Registrations that resulted from Online Driver’s License Renewals and Change of Address Applications and the Number of Complaints it received about the Process. He ordered the State to conduct Monthly Quality Control Tests until 2019 to ensure continued Compliance with his Order.

Garcia first Ruled in favor of the Plaintiffs in April and asked the Plaintiffs and Texas Officials to propose Remedies. State Officials largely Declined to offer a Solution last week and objected to what the Texas Civil Rights Project proposed. In a Court filing, they said it would be impossible to Implement a New System in 45 days because a New Vendor was taking over managing the State’s Website on Sept. 1st and it would take at least 90 days to change the System. They also argued that if it intervened, the Court would infringe on the Authority that the U.S. Constitution gives States to Regulate their Elections.










NYC Wins When Everyone Can Vote! Michael H. Drucker

More Evidence that 2016 Election In Texas Was a Mess

Texans faced long lines in the 2016 Election and Confusion over their Polling Place, Registration Status, and the Documentation required to Vote, a Report from a Texas Civil Rights Group finds.

The Texas Civil Rights Project’s (TCRP) analysis released Thursday tracked over 4,000 incidents reported to a Voter hotline or to field volunteers. It shows there was a lack of understanding among Voters and Election officials alike surrounding Voting Qualifications required by a controversial 2011 Voter Verification Law. In April, a Federal Judge Ruled the Law was designed intentionally to Discriminate against Black and Latino Voters, pushing Texas Lawmakers to Amend the Legislation amid concerns that the State could be put under Federal Preclearance for its Elections.

Of the 4,075 incidents logged in the report, about 8% involved Confusion over the Voter ID Law. More than half of the incidents involved questions about a Polling Location, and the report noted most of these questions came from a predominantly Black area in Houston. Over 8.5 million Texans Voted in the November Election.

A separate ruling Found the Voter Verification Law discriminatory last year. As a result, Texas reached an agreement with the Department of Justice to allow Voters without an accepted Form of ID to cast a ballot if they showed a Voter Registration Card, an acceptable Document, and Signed a Declaration saying they could not obtain acceptable Identification. But the Report notes at least Seven of the State’s 254 Counties still displayed signs during Early Voting saying a Photo ID was necessary to Vote. Most of the Voter ID-related incidents reported involved Election Officials telling people they needed a Photo ID in order to Vote. The Confusion over Voter ID is significant because Officials pushing Voter Verification Laws often argue the measures aren’t Discriminatory if Voters receive a Free Card identifying them. Advocates also argue that the Laws don’t Discriminate if Voters don’t possess an Acceptable Form of ID and can produce other Verification. The issues in Texas show that even if those Safeguards exist, Voters can still face considerable obstacles to Voting. Earlier in June, Texas passed a new Voter ID law that formalizes the temporary solution reached last year, but Lawyers for the Plaintiffs suing the State have urged a Federal Judge to get rid of the new Requirements as well as the original Voter ID Law.

Despite assurances from State Officials that Texas would commit considerable resources to Educating Residents about the 2011 Law, several of its largest Community Voter Outreach Groups said they did not even receive a Voting Manual from the State. Texas set aside just $2 million to Educate Voters about the Law, but the Campaign the State launched appears to have been ineffective, according to a ProPublica review of the State’s Outreach efforts.

The Report also shows many Voters didn’t know where to Vote and had to wait a long time when they got to their Polling place. After the Supreme Court’s 2013 Decision in Shelby County v. Holder, which struck down a Key Provision of the Voting Rights Act, Texas was required to Approve Changes to Elections with the Federal Government. Since the Decision, Texas has Closed more Polling locations than has any other State in the Country, according to a Report last year. An estimated 57% of the Incidents reported involved Questions about Polling locations and many Voters reported having to Stand in Line for more than an Hour to Cast a Ballot. The Lines were particularly long at Prairie View A&M University, a historically Black School near Houston, where Voters had to Stand in Line for up to Three Hours to Vote.

To improve Elections in the State, the TCRP called for efforts to Modernize the state’s Voter Registration Practices and to comply with Voter Registration Law. “We will need to think seriously about polling place efficiency, and invest in often over-looked aspects of election administration like voting technology and poll worker training,” the Report says. “Lastly, providing robust education efforts to ensure Texas voters understand the current requirements to vote is essential to make the process easier and fairer for individuals across the state.”

CLICK HERE for information about The Texas Civil Rights Project.











NYC Wins When Everyone Can Vote! Michael H. Drucker

New NVRA Complaint Filed in Texas

In a lawsuit filed in a San Antonio Federal court, the Texas Civil Rights Project (TCRP) challenged voter registration procedures at the Texas Department of Public Safety (DPS).

As the Complaint explains, Texas is violating the U.S. Constitution and Federal law by refusing to register eligible voters who submit changes through the DPS website.

TCRP and its Co-Counsel Waters & Kraus, LLP represent several Texas voters who have been disenfranchised by the state’s unlawful practices.

CLICK HERE to read the 19 page (PDF) Complaint.











NYC Wins When Everyone Can Vote! Michael H. Drucker