Court filing
Docket 2:13-cv-00193 — Doc 662-3 — Veasey v. Abbott
Filed November 11, 2014 in Discovery Txsd 1093782 Veasey v. Abbott; one of 2 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Texas |
|---|---|
| Filed | 2014-11-11 |
U.S. District Court for the Southern District of Texas · No. 1:12-cv-00128-RMC-DST-RLW · Doc. 211-1 · 2014-11-11 · Docket on CourtListener
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BO-Weld
Accordingto'the 1^P
e
site, tfere is only one pace ininner-city Dallas toobtain a
Identity Card. This is clearly the second largest concentration of minority population
in the state.
This is an example of a fairly large rural area in Frio County where the second
largest town in the county is about 15 miles from the Pearsal Driver License Office.
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13. Obviously, the locations make it more difficult for minority
Texans to participate in the political process
14. There are some documents that can be used in
lieu of presenting a photo id. These include a
letter or a bill in the voter's name and addressed
to him/her from a Federal or a state agency.
These sorts of notices have been substantially
reduced with the advent of direct deposit. Many
times several families or parts of families will live
in the same house or in smaller houses on the
same lot. The bills would likely be addressed to
only one of the persons living there. Few
minority poor have pilot licenses or concealed
handgun permits.
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14. One of the arguments that has been advanced is that the Department of Justice
will certainly approve (preclear) this photo id bill because the Courts have
approved such a bill in a few other states and there was no Section 5 Voting
Rights Objection to a similar law recently passed in Georgia.
15. To begin with, Texas had a poll tax which was invalidated by the Courts. The
state then passed an annual registration bill that was stricken as unconstitutional
with the observation by the Court that it was more restrictive than the poll tax.
The legislature then passed a series of biannual registration bills that were also
stricken by the Federal Courts as too restrictive. Texas then passed a
permanent voter registration bill. However a few years later the state passed a
purge and re-registration requirement that was invalidated by a Voting Rights
Objection.
16. Another differential with Georgia is the sheer size of Texas. The minority
population ofjust Harris County is as large as the minority population of
Georgia. And most of that population is crowded into the area within Loop 610
where there is not a single place to obtain a Texas Identification card.
17.
I suspect that if there were no convenient places for the minority population in
Georgia to get the identification cards, there would have been no preclearance.
Compare Minority Population of Harris County With That of the SO States
R
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Harris County has
eirtial v the same
Minority Popalatien as
the Entire State of
Georaia
Dallas County has a
Larger Minority
Population than South
Carolina, Alabama,
Mississippi and Alaska
10
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18. Other states where Courts have approved Voter ID statutes do not
have a history of discrimination in registration. Nor the literally
hundreds of findings of election discrimination on the basis of 42
U.S.C. Sec. 1983 and Section 2 of the Voting Rights Act.
19. The process involved in the Georgia preclearance of a similar bill is
also troubling. There has been documentation of the fact that the
professional staff recommended a Voting Rights Section 5 Objection
to the Georgia Photo ID statute. This recommendation was simply
ignored by the Attorney General.
20. Recall that there was also a recommendation by the professional staff
that there be a Section 5 objection to the 2003 Texas Congressional
redistricting (the DeLaymander) that was overridden by the political
wing of the Justice Department. As you know the Federal Supreme
Court invalidated the DeLaymander just last year under Section 2 of
the Voting Rights Act.
21. Next consider the differential in support when the issue was
considered in 2007.
All of the minority elected officials in
the Texas House with the exception of one voted against the
Photo ID bill.
22. And we all recall the saga of Senator Gallegos returning on a
gurney from his hospitalization related to his transplant.
All
of the minority members of the Texas Senate voted in concert
to keep the bill passed by the House off the Senate floor and
effectively killed it. This year the Texas Senate voted to
exclude the Photo ID bills and those relating to redistricting
from the redistricting.
Recall what happened when the Senate
tried the same trick in the 2003 Congressional redistricting.
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Photo ID Bill on Final House Passage
on
Noon Final
Mae
Only one minority house member- who is not elected from a minority
dominated district- voted in favor of fmal passage
23. But there are also serious practical problems with the
procedure of presenting additional documentation to vote
while voting is going on.
24. For example, one of the biggest complaints in voting on
election day is waiting in line to vote. Adding additional time
to check photo id, alternative documents or allow someone to
provisionally vote takes time.
25.
Picture IDs are sometimes not a good likeliness. The
alternative documents might also be problematic.
Is the Joe
Garza on the utility statement the same as the Jose Luis Garza
on the voter registration. Or is the Henry Gonzalez the same
person as Enrique Gonzales.
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26. Time waiting in line is the biggest discouragement. Think about the hourly
worker who works an entire day- frequently 7:00 to 5:00 in Houston or
Dallas. Polls close at 7:00. Any sort of a line would discourage staying and
voting. This is particularly true where there are active poll watchers who
raise questions requiring the election judges the make additional decisions.
27. The alternative documents could also be problematic. For example, if a
mother and father have moved in with one of their children or visa versa.
There would be no utility statements etc available. Since the advent of direct
deposit, there are fewer letters sent to pensioners.
28. Anyone who has ever dealt with the elderly knows how difficult it is for them
to find bills, envelopes, statements and the like.
29. Another thing that the Department of Justice looks at in considering a Section
5 objection is what the minority community thinks about the bill. What
prominent Hispanic or African American leader is pushing this Photo ID
Bill?
Earlier in this session, the Texas Senate singled out bills concerning
Redistricting and Voter ID so that in those two instances, a simple
majority of the Senate could vote to get bills on the floor.
In doing do,
the Senate put Voter ID into a classification along with redistricting.
Recall, of course that the Texas Senate has seldom if ever voted to adopt a
reapportionment plan that was not invalidated by the Justice Department
or the State or Federal Courts. Recall again that it was just a few years
that the Senate suspended that self same rule to adopt the outrageous
bacon strip Congressional districts so severely criticized the the US
Supreme Court and found to discriminate against Hispanic voters.
In fact if you read the legislative history of the application of the Voting
Rights Act Cover Texas in 1975, 1981 and and again in 2005 you will see
that racial and ethnic discrimination by the Texas Legislature in the
redistricting process is the prime reason that Texas has been covered by
the Federal Voting Rights Act preclearance process for the past 34 years.
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Some have referred to the Photo ID bill as "a solution looking for a problem."
Others have said the prime rule of the Texas Legislature has always been "if it
ain't broke don't fix it."
With all of the potential downsides and no documented instances of
coordinated multiple voting since 1948 voting such a radical change is difficult
to justify. In fact, if the 1948 Lyndon Johnson and Coke Stevenson election
happened today, any such fraud would be smoked out in an election contest
with little difficulty.
Further restrictions on voting should be made of sterner stuff.
I urge that the Committee not vote the bill out.
This is not a Democrat Republican thing.
It has a differential impact on
the poor and minority of our state. Over the years I have opposed both
parties when they have violated the rights of my clients.
Just last month
the Fifth Circuit remanded a case in which LULAC is complaining that
the Texas Democratic party discriminates in the delegate selection
process.
If you are able to pass this bill, I suggest that you have a record on why
this does not make it more difficult for minority persons to participate in
the political processes.
You will need to answer why you changed the rules.
If the only answer
is that you wanted to reduce the impact of the Hispanic and African
American Senators, you will not preclear the photo ID statute.
Yet, in
all sincerity, what other explanation is there for your actions?
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Is there something that can be done to minimize the impact on
minority voters?
1.
I would suggest that you examine the number of places where
Texas Identification cards are available and insure that the
number is increased and more equitable assigned.
In this
regard I suggest that there be a Drivers License substation for
every 50,000 persons.
2.
I would suggest that you go to election day registration with
preparation of identity cards on the spot at the polling place if a
voter does not have one.
3.
I would expand the types of documents that are accepted as a
reasonable alternative for a photo ID.
While none of these would completely solve the problem that will
be created by Photo ID, at least it would indicate a recognition
of the problem and a commitment to deal with it.
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BOARD OF DIRECTORS
Paul H . Asofsky
PRESIDENT
Kevin McHargue
VICE PRESIDENT
LEGAL
Randall Ellis
VICE PRESIDENT
PROGRAM
Michael R. Wyatt
VICE PRESIDENT
DEVELOPMENT
Richard Alvarado
NATIONAL BOARD
REPRESENTATIVE
Nancy Friedman
SECRETARY
Fran Compton
TREASURER
James Aldrete
David Chang
Jim Cornehls
Madan Goyal
Marilyn Gullett
Mary Scott HagLe
Gilberto Hinojosa
Rev. Charles Kiker
Betsy Moon
Everard Santamarina
Kurt Schwarz
Mohammad Tariq, M.D.
Mark Yzaguirre
Terri Burke
EXECUTIVE DIRECTOR
Rebecca Bernhardt
DIRECTOR OF POLICY
DEVELOPMENT
Ann Trump Daniel
DIRECTOR OF
DEVELOPMENT
Tracey Hayes
FIELD ORGANIZER
ACLU of Texas Opposes Voter Roadblock Bill SB362
Provisional ballots are a broken remedy for voters in Texas
Good morning /( afternoon ) Chairman Duncan , Senators . My name is Terri
Burke and I'm the Executive Director for ACLU-TX.
Today my comments will cover the topic of provisional ballot voting with
respect to SB362 .
Provisional ballots are one of the ACLU's legislative
priorities this session.
The Help America Vote Act of 2002 (HAVA) mandated new voter
identification requirements for registration . Since the implementation of HAVA
in all states, voters must be given the opportunity to cast a provisional ballot.
Provisional ballots were envisioned as fail-safe voting protection for the voter
to remedy faulty voter lists. No eligible voter erroneously purged from the
voter rolls should lose their right to vote.
All eligible citizens who are entitled
to vote should have the right to vote and have their vote counted.
The determination of whether provisional ballots count in the state of Texas is
left up to local election boards that review the ballots along with information
from the local election officials who verify that the individual is a legitimate
voter under state law.
What we've discovered researching provisional ballots in Texas is that we
have extremely high rates of provisional ballot rejections. The average rate of
rejection nation-wide is around 20%. (2) Texas has one of the highest
rejection rates in the nation.
In the 2004 presidential election, Texas counties
rejected 78.6% of the provisional ballots cast. 36,193 Texans cast provisional
ballots in 2004 and only 7,770 of them were counted. (1)
In 2006 the rejection rates for provisional ballots statewide decreased slightly
to 70.1 %. 5, 571 voters cast provisional ballots and only 1,668 counted. (2)
This past presidential election in 2008, 42,010 Texas voters cast provisional
ballots. Only 9,444 of them ultimately counted. That's a staggering rejection
rate of 77.6%, six years after the Help America Vote Act passed. (3)
High numbers of provisional ballot rejections may suggest serious errors in
our elections procedures.
Possible errors could occur in voter roll purges
where voters are not made aware they were removed from the rolls, or
improper instructions given to voters on provisional ballots or inadequately
trained poll workers.
AMERICAN CIVIL LIBERTIES UNION OF TEXAS
P.O. BOX 12905 • AUSTIN, TX 78711-2905 • T/512.478.7300 • F/512.478.7303
WWW.ACLUTX.ORG
®
s
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Deterrents to in-person -voter-fraud are already in place and are working in Texas . Over five
million dollars of HAVA federal funds were recently spent to create a statewide voter database
in Texas : The "Texas Election Administration Management " (TEAM) database is a
comprehensive voter list-matching process , one of the most restrictive in the country .
Utilizing
exact -match policies there is more risk of an eligible voter being rejected due to clerical error
than there is of a fraudulent one even being allowed to register to vote.
SB362 will no doubt increase the number of provisional ballots that are cast at the polls if
passed, and also increase the number of votes that are rejected due to new identification
requirements. We are extremely concerned that this bill will cause more Texas voters their
legitimate right to vote
32,566 Texas voters were rejected in 2008.
That is a verifiable number of Texas voters who
have been denied their right to have their vote count. That is a threat to our representative
democracy. Texas ranked 45`h in registered voter turnout for the 2008 presidential election(4)
We can not continue placing undue burdens on eligible voters and keep a healthy democracy.
We ask that the Senate consider protecting the integrity of elections in Texas by protecting all
eligible voters in Texas. A small change to our election code to allow provisional ballots cast
outside a voter's home precinct to count if the still live in the same county would be one step for
example.
That is the second most common reason provisional ballots are not counted in our
state.
(3)
Thank you.
---------------------------------
---------------------------------
Sources:
1)Texas Secretary of State
Provisional Ballots Voted/Counted November 2004
http://www.sos.state.tx. us/elections/historical/prov2004. shtml
2) http://www.usatoday.com/news/provisional-ballots.pdf
The 2006 Election Administration and Voting Survey - A Summary of Key Findings
Election Assistance Commission December 2007
Page 19
3) ACLU Public Information Act Request Texas Secretary of State
Nov 2008
( First most common reason is a voter not being on the rolls - this may be due to
purging qualified voters through the TEAM system)
Bills that provide fixes to the wrong precinct, right county problem - HB 790.
4) http://elections . qmu.edu /Turnout 2008G.html
2008 General Election Turnout Rates
George Mason University Analysis
Jan 2009
General Information
Provisional Ballots: Where to Watch in 2008
a briefing paper DEMOS October 2008
http://www. demos. org/pubs/provision a I ba I lot_b rief. pdf
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1
Statement of Joseph G. Martin III
Texas Committee of the Full Senate
Regarding SB 362 Concerning Voter Identification Requirements
March 9, 2009
I thank the esteemed members of this committee in allowing me to make this statement.
My name is Joseph Martin Ill .
I am a resident of McKinney, Texas .
I hold a Bachelor of Arts, summa cum
laude, from Texas State University-San Marcos in Psychology with a minor in Philosophy .
I am currently
employed in the field of real estate , am a Notary Public of the State of Texas, and worked as an election
clerk in the 2008 General Election .
I have also worked in halfway houses and known many individuals
without picture identification and without the resources to obtain the records (such as birth certificate)
needed to obtain accepted identification .
I think these facts give me some insight into any law that
attempts to put additional requirements upon the right to vote in the State of Texas, particularly SB 362.
As a Notary Public
I am familiar with the difficulties that can arise when examining identification cards or
other documents to determine authenticity, and there are entire guides and books on the subject.
Yet
even then, notaries are not immune to being deceived, and that is why even to this day the highest
standard of identification is to have someone known to you, or someone known to a credible witness.
But this bill expects election clerks, after a modicum of tax-payer supported training , to be placed in a
role of declaring people's identification authentic or not . In my experience as an election clerk,
I have
seen the time consuming process and confusion that can arise just processing voters under the current
Texas Election Code .
If this bill becomes law, the responsibility of the clerks becomes more daunting,
more time consuming, and
ultimately more frustrating to the voter .
The more frustrating and
demanding we make exercising the right of every eligible citizen to cast their ballot, the more of the
disadvantaged , the marginalized , and the cynical will we discourage from the polls .
And this
is not
merely conjecture, numerous bipartisan studies, from the Brennan Center for Justice to the Federal
Election Assistance Commission have confirmed that this law WILL turn away legitimate voters.
And this would be done even though there is any evidence that this bill would deter voter fraud in any
meaningful way, and in fact opens the door to possible future systematic abuse .
Numerous studies,
both in our own state and others have found that voter impersonation is the rarest form of fraud, and
the
largest cause of fraudulent
ballots
are fraudulent absentee
ballots
,
or
irregularities
in the
registration process .
From 2001-2006 the Justice Department only prosecuted 86 cases of voter fraud
nationwide.
Worse than merely being a waste of taxpayer funds that will produce no results, this bill introduces the
ability of election officials to introduce another possible form of fraud , though not new: willfully turning
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2
away or relegating to the status of provisional balloting a voter with legitimate identification as having
"questionable" identification in order to satisfy an ideological, social , or political agenda.
Finally, all of the money and effort that goes into this bill will likely prove for nothing .
I would anticipate
numerous court challenges to the legislation , and doubt this bill would survive a Constitutional challenge
in the United States Supreme Court . The bill has attempted to remove the claim of a de facto poll tax by
removing the Department of Public Safety's charge for an id card in Section 12 (d). Yet the author of the
bill failed to check the identity requirements for a Texas ID card , which might require an individual to
purchase their birth certificate from the Texas Department of Health 's Bureau of Vital Statistics, or the
state they were born in.
In Texas the cost for a certified copy of a birth certificate is $22.
It is still the
poll tax, just once removed from a direct tax. Regardless of the cost, the additional effort the bill enacts
upon individuals to exercise a right protected by law.
As a secondary matter, has anyone considered the financial implications to Texas, if in order to make
this law Constitutional , all identification cards and birth certificates had to be issued free of charge? The
National
Governors '
Conference
has
estimated
an
$11
billion
cost
nationwide
to
provide
free
identification to all citizens . Can Texas, The Department of Public Safety, and The Department of Health,
afford both the loss of revenue and cost?
Rather than offer these token measures that will do nothing to deter the real sources of voting fraud,
more should be done to enforce current election law and investigate and prosecute those who attempt
to manipulate and defraud the Democratic process . This bill is not the answer.
Please join me in denying support to this legislation.
Joseph G Martin III
McKinney, Texas
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SB 362 Public Testimony
I moved to Houston in 1996 and although I registered to vote as soon as I moved
here, it was 6 years before I received my voter's registration ID card. Poll workers failed
to inform me that I could vote provisionally but fortunately I knew my rights and insisted
that they allowed me to do so. Regardless to how many times I contacted the voter's
registration office and filled out yet another application, the office told me that they could
not identify the source of my problem of not receiving an ID card.
I feel for those who
faced a similar situation as mine but gave up because they were frustrated with a broken
system.
In 2005 America saw the Bush administration empower Iraqi citizens voting in
America in that of Iraq's first democratic election . Much effort was exerted to make this
happen but, according to the Bush administration, it was conducted successfully and with
no complaints of fraud. Juxtapose that to the electoral process for displaced Louisiana
residents after Hurricane Katrina. FEMA refused to allow its records of the new
locations of evacuees be used to send voters notices of upcoming elections. Displaced
hurricane victims were not allowed to participate in a satellite voting system similar to
that by which Iraqi citizens would use some 4 years later.
That problem exemplifies the same flawed principle that this proposed bill 362
possesses in its very nature - we shouldn't be working harder to help non-citizens vote in
a foreign election harder than we work to empower our own citizens in the voting
process. We should be encouraging voter participation, not discouraging it.
With respect to a higher dependency on voter ID cards to validate voters, the
proponents of this bill suggest that it is the quintessential solution to ending "voter fraud".
But the bill in and of itself provides no greater "protection" than already exists in Texas'
laws. According to the Texas Secretary of State's office, registered voters can already use
a driver's license, birth certificate, US passport, official mail from a government entity, or
even a copy of a current utility bill, bank statement, or paycheck. According to the bill's
author, these forms of ID would still be acceptable if the bill is passed so I asked why this
bill is needed.
But this bill also disenfranchises many groups of people in varying circumstances.
•
For example, if a registered voter's house is destroyed by fire, they will instantly
lose all proof of their identify due to loss of driver' s license, social security card,
birth certificate, etc. During the months that it will take to obtain duplicate copies
of these documents, many voters will be disenfranchised. The city of Houston
averages an astounding 30 house fires per day!
•
The evacuees of Hurricane Katrina faced additional challenges in addition to
those posed by FEMA in that the court house records of Orleans Parish were all
completely under water.
I'm sure the Houston/Galveston area residents faced
similar challenges with regards to loss of identification after Hurricane Ike.
In conclusion, I urge this Senate body to act responsibly by putting partisan politics aside
and protect the voter's rights. Protect the rights of the elderly woman who never drove a
car so never needed a driver's license.
Protect the 18% of Americans age 65 and older
who do not have photo IDs. Please vote "no" to SB 362.
Thank you.
Lloy
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VOTER I.D. LEGISLATION
HOW WILL IT AFFECT THE WORKING POOR AND HOMELESS?
By: Doug & Diana Bell
March 10, 2009
In 1999 we founded an outreach ministry for the working poor and homeless people
who live in downtown Austin.
It is called Trinity Center . Here is what we have learned
about the photo ID issues faced by this community.
Working poor and homeless people want to vote. Many of them are very interested in
local, state, and federal elections.
Participating in our political process empowers them
to feel like they are part of our society. Many of them are proud veterans who have
served their country in the past. They have opinions, and they want to voice those
opinions in the voting booth just like everyone else. They have the right to vote.
If
bureaucratic road blocks keep them from the polls, they feel unfairly excluded from
society.
Many working poor and homeless individuals do not have a photo ID.
Often they do not
have a driver's license because they can't afford a car.
Identification theft is a chronic
problem in this community. Many of them carry all of their worldly possessions in plastic
bags or back packs. When they fall asleep in a public place their bags are stolen along
with their identifications papers. This is a devastating loss to someone with no back up
information stored in a safe place.
Three specific cases come to mind regarding stolen IDs. One of our friends that we met
at Trinity Center is Terry.
Terry came to Austin on a bus from Dallas.
He had a new job
lined up in the computer industry. When he got off the bus he was attacked.
He was
severely injured, and his bags were stolen.
His injuries put him in the hospital.
He lost
his job opportunity because he couldn't report for work. Once he got out of the hospital
he came to Trinity Center for help. With no identification he could not get a regular job.
The best he could do was stay at the Salvation Army and work day labor until his could
recover his ID.
It took him several months to save up the money for the new IDs. He
had to maneuver through the bureaucratic red tape to get a new photo ID so he could
find permanent employment.
Trinity center helped guide Terry through this process.
He has now recovered. He has a job and a place to live.
However,
if an election had
been held during his bad times he could not have voted even if he was properly
registered to vote.
Doug Bell
(512) 331-5201
dougbell@austin.rr.com
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Another friend is Jose (not real name). He is a member of the working poor.
He holds
regular jobs from time to time.
In the spring and summer he does landscaping.
Sometimes he is homeless, and sometimes he has a place to live. A few months ago
all of his identification was stolen. Without a photo ID he could not get a regular job.
Fortunately, he survived on part-time work.
It was very hard for him to save up enough
money to apply for his birth certificate and a photo ID.
He finally did receive his
replacement photo ID, but it took him many months and a lot of money.
Don is another friend we met at Trinity Center. He is a mechanic who came to Austin
for a job. As soon as he arrived his truck was stolen.
His tools and his wallet were in
the truck.
Since he was going through a divorce, he had all of his possessions in the
truck and no place to live. He filed a police report, but the truck was never found.
Trinity Center helped him get back on his feet and work through the process of
replacing his ID cards. This took several months which left Don with no place to live
and no job opportunities. He has now recovered, but for a long time he was down and
out. Voting was probably not his main concern during this period in his life.
But if he
had been disenfranchised by his own State government,
it would have just been
another sign that no one cared about him.
Why does it take so long to get a photo ID?
When someone living on the edges of society looses they identification they don't know
where to start. They don't have any back up identification to even start the process.
Usually they get help from shelters or agencies who work with the homeless and
working poor population. They are given a list of documents they will need to get a
photo ID.
Most people start by getting a certified copy of their birth certificate. The Texas
Department of Public Safety (DPS) calls this a secondary document. You need one
secondary document and two supporting documents to apply for a driver's license or
Texas photo ID.
If you were born in Texas you can apply to the Texas Department of
Health for a certified copy of your birth certificate. The process takes 2-4 weeks and
costs $22.
If you were born in another state the process can take 6 weeks to 3 months
and costs around $30.
Once you receive your birth certificate you need to get two supporting documents. The
most common one is a social security card. You have to present your birth certificate to
get a social security card. The replacement cards are free, but it takes 10-14 days to
get the card in the mail.
Doug Bell
(512 ) 331-5201
dougbell@austin.rr.com
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For the second supporting document many people request copies of their school
records from their high school or middle school . This can often be done by faxing the
school and paying a fee of $5-$ 10. The process is usually done by mail and takes 2-3
weeks.
Once you have your birth certificate (secondary document ) and two supporting
documents , you can apply at the DPS office for a driver 's license or Texas photo ID
card . You must appear in person at a DPS office . The driver 's license costs $24, and
the Texas photo ID costs $15 . After you apply you must wait 10-14 days to receive your
new photo ID in the mail.
In summary the process for getting a photo ID takes a minimum of 6-10 weeks if
everything works perfectly .
It also costs $22-$50. The biggest problem is usually
finding the money . However , if an election is coming soon , time is a problem too.
Another unexpected problem happened in the fall of 2005 .
Hurricanes Katrina and Rita
hit the Gulf Coast . Thousands of evacuees flooded Texas cities . Many had lost their
identification in the floods or in their haste to flee the storms . So the Texas and
Louisiana agencies who issue birth certificates , school records , and photo IDs were
flooded with applications . The chaos created by these natural disasters caused
thousands of individuals to suffer without proper identification for many months. This
caused a lot of economic hardship .
If an election had occurred many would have been
disenfranchised too. That would have added insult to injury for poor people already
suffering from a natural disaster.
The voter ID legislation currently being considered by the Texas Legislature will place
unnecessary and burdensome requirements on the working poor and homeless people
in our State . They are the least likely people to have a photo ID when it comes time to
vote. Women in poor families will especially be affected . These women often do not
drive and do not have driver's licenses .
If Texas now requires a photo ID to vote, they
will not be able to afford the applications fees or be able to take the time off to go to the
DPS office and the Social Security office. There is not enough money in these families
to pay for two photo IDs.
So only the husband will be able to vote. Many of the working
poor and homeless population will not be able to comply with the Voter ID rules
currently being considered .
Their rights will be taken away by this defacto "poll tax".
Doug Bell
(512) 331-5201
dougbell@austin.rr.com
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League of United Latin American Citizens
LUIS ROBERTO VERA, JR.
National General Counsel
March 9, 2009
To: The Honorable State Senators of Texas
Re: Committee Considering Voter Identification Bill
LULAC's OBJECTION AND ARGUMENT AGAINST
VOTER IDENTIFICATION BILL
LULAC through-its National and State of Texas board of directors unanimously
call on you, the State Legislators of Texas to stand with us in protecting the Voting
Rights of all the citizens of Texas. In addition LULAC asks you to protect the voting
rights of Latino voters as mandated by sec. 5 and sec. 2 of the Voting Rights Act.
Specifically, LULAC argues against the passage of any voter identification bill until such
time as Texas can guarantee zero tolerance-of voter discrimination and implement all of
the protections of the Voting Rights Act and as ordered by the US Supreme Court. Given
the history of Texas, we are certain that this will be a long time in coming.
Recent History:
In the preceding 3 years, 2005, 2006, 2007, the Voting Rights section of the
Department of Justice filed 10 separate lawsuits against the State of Texas. All 10 suits
were for discrimination against Mexican Americans and 1 of the suits involved
discrimination against Mexican Americans and African Americans combined. There was
also a separate lawsuit in Harris County for discrimination against Vietnamese
Americans. All suits were successful against Texas and the State entered into consent
agreements to correct the discrimination.
During this same time period several suits
were brought by LULAC and MALDEF against Texas and separate individual
government entities for discrimination against Mexican Americas.
In, LULAC v. Perry
the US Supreme Court found that Texas purposely discriminated against Mexican
Americans in congressional district 23 for purely political purposes. The US Supreme
court ordered a remedy.
In Farmers Branch, Texas, the federal courts have enjoined the
City from implementing discriminatory ordinances which have the effect of targeting
people of Mexican descent. The federal court found the ordinance unconstitutional.
Texas has spent millions of taxpayer dollars to defend and remedy these suits.
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i
Below are some excerpts from the US v. Hale County TX complaint brought by
the Voting Rights section for purposeful discrimination against Mexican Americans.
Hale County entered into a consent agreement to correct the problem.
12.
Section 208 of the Voting Rights Act provides that "[a]any voter who requires assistance to
vote by reason of blindness, disability, or inability to read or write may be given assistance by a
person of the voter's choice, other than the voter's employer or agent of that employer or officer
or agent of the voter's union." 42 U.S.C. § 1973aa-6.
13.
In violation of Section 208, the Defendants, their employees, and agents have failed to allow
voters the assistors of their choice through the following practices:
a) Prohibiting family members and poll watchers from providing assistance to limited English
proficient Spanish-speaking citizens.
b) Requiring Spanish-speaking voters to be assisted by poll workers who either did not speak
Spanish or did not speak Spanish fluently.
c) Failing to accurately and adequately instruct poll workers on their duty to permit voter's
assistance from any person of their choice, other than their employers or union officials.
14.
Defendants' failure to allow voters to receive necessary assistance from any person of their
choice, other than their employers or union officials, as described herein, is a violation of Section
208 of the Voting Rights Act. 42 U.S.C. § 1973aa-6.
15.
Unless enjoined by this Court, Defendants will continue to violate Section 208 by failing to
provide Hale County's voters with the opportunity to receive assistance from persons of the
voters ' choice and by limiting the scope of the assistance voters can receive from their chosen
assistors.
SECOND CAUSE OF ACTION
16.
The Plaintiff hereby alleges and incorporates by reference paragraphs one through sixteen
above.
17.
Under Section 203 of the Voting Rights Act, "any registration or voting notices, forms,
instructions, assistance, or other materials or information relating to the electoral process,
including ballots" that Defendants provide in English must also be furnished in Spanish to
Spanish-speaking voters. 42 U.S. C. § 1973aa - la(c).
18.
In violation of Section 203, the Defendants, their employees, and agents have not effectively
provided election-related materials and information in Spanish to limited English proficient
Hispanic citizens as required by Section 203 of the Voting Rights Act, including, but not limited to,
the following:
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a) Failing to recruit, appoint, train, and maintain an adequate pool of bilingual poll officials capable
of providing effective language election information and assistance to limited English proficient
Spanish-speaking citizens that it provides in English; and
b) Failing to provide certain election-related information that it provides in English, including, but
not limited to, information publicizing elections, in a manner that assures Spanish-speaking voters
an effective opportunity to be informed about election-related activities.
19.
Defendants' failure to provide effective Spanish language materials and information, as
described herein, constitutes a violation of Section 203 of the Voting Rights Act, 42 U.S.C.
§1973aa- la(c).
NVRA (National Voter Registration Act)
Section 7 of the Act requires states to offer voter registration opportunities at all offices that
provide public assistance and all offices that provide state-funded programs primarily engaged in
providing services to persons with disabilities. Each applicant for any of these services, renewal
of services, or address changes must be provided with a voter registration form of a declination
form as well as assistance in completing the form and forwarding the completed application to the
appropriate state or local election official.
Before Consideration of Voter ID Bill Texas must put a premium on election judges that
are bi-lingual and that represent a cross section of the community, Hispanic, African
American, Asian.... etc.
Under Sec. 5 of the VRA, Texas has the burden to prove that any voter id plan is
not discriminatory.
With this in mind, Texas needs to have solid numbers of who does
and who does not have "valid" ID's.
In Georgia v. Ashcroft the ID requirement was found to be unconstitutional until
Georgia made ID's available for free, including secondary documents (birth certificates
...etc), and implemented a strong voter education program, including how to acquire
valid ID's. The court also ordered a sufficient time period for voters to be educated and
obtain their valid ID's.
It is clear from the Georgia decision that voter ID in Texas cannot be
accomplished this year or at any time, until the legislature first allocates the resources and
designs a plan to provide free ID's together will all secondary documents. Texas must
also fund and implement a strong voter education program for the voter ID process
together with the other protections ordered by the court.
Options:
-
Give everyone a free ID and supporting documents, ie. Birth certificates
If the presumption is that having valid ID (driver's license) implies citizenship,
then provide automatic voter registration when a driver's license or other "valid"
ID is issued.
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•
-
Pursuant to the national voter registration act, Texas must make photo ID's
available for free wherever voter registration is available.
To abandon a system that has fairly allowed Latino's to gain political strength in
Texas and substitute in its place a system that has the potential to dilute Latino votes is
likely to "lead to a retrogression in the position of racial minorities with respect to their
effective exercise of the electoral franchise." Miller v. Johnson , 515 U.S. 900, 926
(1995) (quoting Beer v. United States , 425 U.S. 130, 141 (1976).
In light of the fact that the proposed change brought forward by the Texas
legislative committee is likely to violate both section's 5 and 2 of the federal Voting
Rights Act, LULAC urges you to NOT ADOPT the proposed voter id bill.
LULAC has participated in over 400 court ordered elections in Texas since
adoption of the Voting Rights Act and will vigorously challenge any voter ID bill.
LULAC is ready to pursue an objection before the voting rights section of the department
ofjustice and if necessary the federal district courts to stop any voter ID bill until. such
time as Texas adheres to LULAC's objections, recommendations and options.
Respectfully submitted on behalf of the National and Texas State Board of the
League of United Latin American Citizens,
/S/Luis Roberto Vera, Jr
Luis Roberto Vera, Jr
cc:
Rosa Rosales , LULAC National President
Joey Cardenas , LULAC Texas Director
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SB 362 Voter ID Bill
My name is Daniel Dodd, the Democratic Chair of Collin County, and I come before
you today to oppose SB 362.
Many ofyou were elected by Republican or Democratic voters in your district, but
when you serve, you represent every citizen in your district including Republicans,
Democrats, independents and even nonvoters. Your constituents are not the lobbyists
and corporations that outnumber and besiege you every day. Today, I am talking on
behalf of your constituents.
This Voter ID bill is a solution looking for a problem. There is no verification that
unqualified voters are besieging our polling places. Yet some in our legislature have
made a concerted effort to promote a bill that disenfranchises registered elderly and
disabled voters and financially-challenged students who may have difficulties getting
photo ID cards.
Voter IDs were a problem in Indiana just last May when twelve nuns were denied
their right to vote although they had voted at their polling place for a decade or more.
Those nuns, all retirement home residents at Saint Mary's Convent near Notre Dame
University, were denied ballots by a fellow sister and poll worker just because the
women, in their 80s and 90s, did not have valid Indiana photo ID cards.'
This bill will affect older Democratic and Republican voters alike so, just for
argument's sake, let's say this bill would prevent 30,000 registered voters from
voting: 10,000 Republicans and 20,000 Democrats state-wide. Some would say that is
1 http://articles.latimes.com/2008/may/07/nation/na-voterid7
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a 10,000 "net gain" for the Republican Party. In reality, it's a 30,000 "total loss" for
both parties and Texas voters.
We claim the United States is the most Democratic country in the world. Yet Iraq
outvoted us 72% to 60% in 2004-05 elections when their entire population was
literally under the gun.23 We should be encouraging our citizens to register, educate
themselves on the candidates and issues, and vote . Instead , our state executive and
legislative branches seek partisan ways to deny registered voters their right to vote
and unregistered voters the right to register. In contrast, the California Secretary of
State mails every voter household a sample ballot with the pros and cons on the
candidates and issues and their polling place dates and locations.
They encourage
everyone to vote because it's the right thing to do. Texas should do it too.
Like Diogenes, the Greek philosopher who carried a lamp during the day looking for
an honest man, voters are looking for statesmen like Sam Rayburn, Barbara Jordan
and Jake Pickle who passed through this very legislature serving without the
partisanship and rancor we see today.5 I urge you to vote against SB 362 and every
Voter ID bill before this legislature . Anything else denies the rights of Texas' citizen
voters.
Thank you for allowing your constituents to testify on SB 362 before the Senate of the
Whole.
2 http ://www.asianews . it/index . php?I=en&art =2460&dos=35&size=A
3 http://elections.gmu.edu/Turnout 2004G.html
4 http ://vote-ca.ore/?gclid=CKm9vpuvlpkCFQVhnAodwXwWbw
5 http ://www.blupete . com/Literature/Biographies /Philosophy/Diogenes htm
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Honorable Members of the Texas State Senate,
I appreciate the opportunity to address you personally and comment on SB362.
My name is Nancy Glasscock and I reside in SD24 , Bell County, Texas.
Several credible sources recently forecasted that between 100,000-300,000 Texans will lose
their jobs in 2009 . Texas lacks adequate funding for transportation , education and
healthcare- areas considered to be in crisis in our great State . We lead the nation in
highest homeowners insurance , auto insurance and electricity rates. We're in the midst of
exposure to Mexican drug and gang wars spilling over into our State . Yet, what urgent
priority have Republicans leaders chosen for the 81st Texas Legislative Session? The best
description of SB362 I've heard so far comes from Senators Gallegos and Ellis-
the phantom menace of voter impersonation at the polls.
Proponents of this bill want us to believe that a problem exists but Royal Masset
disagrees . For those of you unfamiliar with Mr. Masset, he is a consultant who has been
involved with over 5,000 Republican campaigns in the State of Texas. (quote)
"His experience is that in-person voter fraud is nonexistent. It doesn 't happen , and if you
really analyze it, it makes no sense because who's going to take the risk of going to jail on
something so blatant that maybe changes one vote?" Millions of Texans , including myself
agree and we're asking the same question , who Is willing take that risk?
Proponents of this bill want us to believe that a person who, is in this country legally,
holds a green card and is awaiting US citizenship approval, will take the risk of being
jailed, fined , deported and lose his/her right of ever becoming a US citizen- just to cast a
vote impersonating a dead person . Ladies and Gentlemen , come on ! It doesn 't make sense
and it's grossly far fetched . It doesn 't even make sense when one considers those in this
state Illegally . Illegals aren't interested in exercising their right to votethey don't have
one. They 're doing everything in their power to stay under the detection radar the same
way they got into this state because Texas has missed previous opportunities in making
border security a priority. Impersonating a dead person at the polls! Really?
The Texas Attorney General's office has prosecuted 22 cases of voter fraud over the last
six years and not one case, NOT ONE CASE would have been prevented by requiring a
photo ID. How does that substantiate the need for SB362? With all due respect, it appears
Senator Frazier's bill is an effort to intimidate legitimate , legal registered voters who may
or may not be able to produce a photo ID when they show up to cast their vote . As a legal
Texas voter, a voter registrar and a sixth generation Texans it makes me mad. If legitimate
voters have completed the process to register and are listed on the voter roll why would
you want to discourage their participation? With all due respect, I think the answer to that
question is bogged down in more partisan misplaced priorities. SB362 doesn 't make sense
for these reasons and as Republican campaign expert Royal Masset pointed out.
Most importantly, taking a non-issue like photo ID and trying to legitimize it as a real issue
Is shameful and undermines the Integrity of the election process. SB362 is not only a non-
issue but it's also bad stewardship of our tax dollars especially when more critical,
discernible issues are at stake in this legislative session.
The fact of the matter is voter fraud does exist but It lends itself in more systematic ways
through ballot box stuffing , voter machine manipulation , registration list manipulation and
absentee balloting . So I offer Senator Frazier and his honorable colleagues alternatives.
Protect the integrity of the election process by requiring the Secretary of State improve
poll worker training in every county . Which by the way---accounts for a vast majority of
election fraud . Budget for and if necessary , request more federal HAVA funds for Texas
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elections so poll workers are professionally trained and accountability standards are met
before being allowed to work ANY election . And I urge the Honorable Senator Frazier and
his colleagues demand that Texas backs up every electronic voting machine with a paper
trail. These are real election issues which need your attention , not voter impersonation of
dead people at the polls.
So, let's cut through this thinly veiled partisan attempt to suppress Democratic voter
turnout . Let's save the taxpayers money. We are after all experiencing a budget deficit,
aren 't we? Let's make Texas the model standard as the state with the most convenient and
most efficient election process in the nation . You can start today by solving the problems
we KNOW exist.
Members of the Texas Senate , stop playing ghost voter games with the very democratic
process which afforded you the honorable seats you hold today . I urge you , please vote
AGAINST SB362.
I appreciate your time and consideration.
Nancy Glasscock
909 Westend Drive !
Temple, Texas
76502
254-780-9047
Senate District 24
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Rachel Baker Ford
3317 Knights Haven Lane
Garland, Texas 75044-5429
RE: Voter ID Bill : SB362 (Frasher)
I am opposed to the to the Voter ID bill.
There are numerous reasons someone would not have ID. None have anything to do
with their citizenship status. For example, many people do not have a driver's license
because they cannot afford insurance . The homeless have no address to list, so they
cannot really get any form of ID. A 2006 study by the non-partisan Brennan Center for
Justice found that 18% ofAmericans age 65 and over did not have a photo ID. The
Texas Conservative Coalition Research Institute reported 37% ofTexans over the age of
80 do not have a drivers license . The same study found that 25% ofAfrican Americans
do not have a government issued photo ID. According to data from the US Census
Bureau, women are more that twice as likely as men to not have a driver's license. One
in five senior women do not have a driver's license. The Texas Department of Vital
Statistics reports an average of200,000 marriages and divorces each year. After a
change in marital status, it can take up to two months to get a new ID (In the interim,
the name and/or address would not match the voter registration document.) An
academic study of the 2004 presidential election conducted for the Federal Election
Assistance Commission found states with Voter ID laws have an overall turnout
reduction of3% in the general population, 5.7% among African Americans and a 10%
reduction among Hispanics.
Philosophically, having a driver's license, State ID, or other identification, is a privilege
which The State is able to take it from you ifyou don't comply with the law (for
example, ifyou drive without insurance). Voting is a right, and is therefore inalienable.
Under no circumstances can a privilege ever trump a right.
Furthermore , the right to vote is enshrined in the Constitution (in several places), and
eight ofthe 27 amendments expand the right to vote - Amendments 12, 14, 15,17, 19,
23, 24, and 26. The Constitution has never been amended to limit the right to vote.
The act ofchoosing who represents you is the central act ofthe citizen ofa democracy.
The poor, the disenfranchised, the homeless, or anyone else who may have difficulty
providing a photo ID, are just as much citizens of this country as you or I or anyone
else. And they have the same right to participate in our system ofgovernment.
Rachel Baker Ford
March 10, 2009
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March 10, 2009
Dear Chairman and Committee Members,
I support SB 362 and HB 125
How important is your vote?
It has the potential to change the course of your city,
community, school board, county, state and your country.
"Senator Wendy Davis denounced the senate rule change and said the legislature has
more important things to consider."
How important is it when someone gets elected and changes the course of the country?
Take the example of Lyndon Baines Johnson. Remember the southwest county that gave
LBJ his Senate seat and he went on to become Vice-President and President. Remember
Vietnam!
Senator Mario Gallegos said, "Just because the court decision indicated that it's legal
doesn't mean that its right.
The Supreme Court doesn't have a vote in the Texas
Legislature".
Does that mean the US Supreme Court decision on Civil Rights has no
place in the Texas Legislature?, No place in redistricting to meet Civil Rights mandates?,
No place in the campaign laws? Does that also mean the State and US Constitutions have
no place in the State Legislature?
Let's look at Florida in the 2000 presidential election.
The election process, debate and
lawsuits destroyed the confidence of the election process.
President Bush never regained
the majority support to get things done for the betterment of the country.
Prove Voter fraud?
It is extremely difficult to prove voter fraud, but so easy commit
fraud and get away with it. When someone fills out a voter registration card to vote, it is
done on the honor system. You could effectively fill out multiple cards.
When you request a mail in ballot, it is on the honor system but so easy to commit voter
fraud.
We have lost the integrity of voting at the voting booth.
ACORN has successfully
registered so many fraudulent voters, it is very difficult to correct . Fraud allegations have
been made against ACORN and lawsuits have been filed against ACORN. The lawsuits
have proved voter registration fraud.
ACORN is under federal investigation for voter
fraud throughout the country. We have another loss in the integrity of a vote. ACORN is
going to receive $4.2 Billion Dollars to expand its role in the voting presence ridden with
the potential for more fraud in voter registration.
State Representative Mark Strama on many occasions has mentioned that photo id
disfranchises the electorate .
He would do everything he could to block the legislation,
even though it meant going against the U. S. Supreme Court.
1
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Folks of civil rights groups and advocacy groups say
it disfranchises the elderly, the
disabled and other segments of the electorate.
These are the very same people that are
required to have a photo ID to show at banks to get their government checks from social
security and other forms of government checks.
You have to show a photo ID to cash a
check at the bank, use a credit card, to go to a secure area such as the airport etc.
It is
federal law that a photo ID be shown to open an account at a bank, credit union,
brokerage account, as well as to get a small loan from a financial institution,
This is in
reference to the money laundry regulations.
Do you have an honor system to register to vote? No!
Do we have the sanctity of a vote? No!
Is it tough to prove voter fraud? Yes!
How many states have Photo ID? 24 States!
U.S. Supreme Court has upheld the right to have a Photo ID Vote.
There are those that would consider Photo ID as part of a package to allow people to
register to vote the same day.
So, I guess it will be easy to vote in multiple precincts,
counties etc on the same day. One Vote - One Person will not stand under this! You can
go to the local flea market to get multiple photo ID cards with different alias' to make
this successful.
Absentee ballot fraud does occur but is difficult to prove.
It is easy to research on the
internet to find multiple stories of absentee ballot fraud. To prevent absentee ballot fraud,
a common sense approach would be to obtain signatures that match whatever form of ID
is being used such as copy of driver's license or Government Issue photo ID.
"Hans Von Spakovsky, visiting scholar at the Heritage Foundation pointed out the long
history of voter fraud".
"There {have} been so many examples of voter fraud documented throughout the history
that it demonstrates not only that voter fraud is real, but that I could effect the outcome of
a close election".
States with photo id requirements have had record voter turnout. You can find examples
of this in states like Michigan, Louisiana, Hawaii, Indiana, Georgia, Alaska and Florida.
These states are represented by either Republican or Democrat majorities.
Photo ID did
not disfranchise anyone from casting their vote but instilled the integrity in the voting
process. Why the record turnout? Because the electorate began to believe that their vote
counted and could make a difference.
In closing, we ask that you support requiring a showing of a photo id in order to cast a
vote.
This will result in rebuilding the confidence and the integrity of the voters,
increasing the voter turn out and having an honest election . Let us not have fraud change
2
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the course of our history in the community, state, or country.
There are consequences in
elections that can cost lives, we could lose our property and change the outlook of the
country, state, county and/or city for many generations.
Sincerely,
Jerry J. Mikus, Jr.
19205 Ganton Court
Pflugerville, TX 78660
512-990-8740
3
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Reference material:
USA Today Posted at 12:22 AM/ET, January 08, 2008 in ElectionsNoting - Editorial, Law/Judiciary -
http://blogs.usatodqy,com/oped/2008/01/our-view-on-imp.html
National Conference of State Legislatures Posted October 23, 2008
http://www ncsl org/programs/legismgt/elect/taskfc/voteridreq.htm
Fox News Posted February 8, 2008
Georgia Voters See Potential for Record Turnout
http://www foxnews com/politics/elections/2008/02/05/georgia-voters-seepotential-for-record-turnout/
PolitiFact. com Posted from St . Petersburg Times February 2, 2009
Could ACORN reap windfall from stimulus bill?
http//www politifactcom/truth-o-meter/article/2009/feb/02/could-acorn-reap-windfall- stimulus/
DCExaminer .com Posted February 8, 2009
Stimulus bill funds ACORN despite its history of corruption
http//www dccxaminer com/opinion/Stimulus-bill-funds-ACORN-despite-its-history-of-corruption -39288257 html
Heritage Foundation Posted February 7, 2008
Fighting Vote Fraud With Photo ID
http://www.heritage.org/Press/Commentary/ed0l 0808d.cfm
Heritage Foundation Posted January 31, 2009
Voter ID Was a Success in November : Turnout was higher in states that took a simple step to prevent
fraud
fittp://www.heritage.orp,/Pres, /Commentary/ed0l3009b.cfm
Star-Telegram Posted January 20, 2009
Voter ID legislation touches off partisan battle among Texas lawmakers
http'//www star-telegram com/legislature/v-print/stoly/1152610 html
Houston Chronicles Posted April 28,2008
Voter ID debate reignited in Texas
http://www.chron.com/disp/sto!y.mpl/from/5737873.btm]
Caller Times Posted January 29, 2008
Texas legislature gear up for another voter ID push
http//www caller com/news/2008/iaan/29/texas-legislators -gear-up-for-another-voter-id-a/
4
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TESTIMONY BEFORE THE SESSION OF THE COMMITTEE OF THE WHOLE OF
THE TEXAS STATE SENATE REGARDING SENATE BILL 362.
By Harley J. Spoon
12304 Owl Cove
Austin, Texas 78750
512 250 1775
March 10, 2009
I will not mince words in expressing my total disdain for Senate Bill 362 and what it
represents by its intent and its possible ultimate effect on elections in the State of Texas
and the rights of Texas citizens.
It is my opinion that all Republicans who have ever filed this kind of legislation believe
that anyone who shows up at a polling place to maybe vote for a Democrat does so with
innate dishonest intent rather than genuine patriotic concern.
In our system of justice one is not finally guilty of a crime until that person has confessed
and/or has been proven guilty in a court of law by a judge or a jury of his or her peers.
The basic assumption of SB362 is that those whose names are on a poll list in the
precinct of their residence are there to vote illegally before they have ever voted at all.
The Republican Party, through the provisions of SB362, would force a potential voter to
prove his/her innocence prior to ever legally casting a vote by making him or her jump
through the hoops
it requires of certain targeted citizens in certain demographic
circumstances.
That cynical assumption is an insult to the good people of Texas and a
slap
at the constitutions of Texas & the USA.
So much for Republican "strict
constructionism"! ! !
The Republican Party has, through various means of propaganda, the big lie, convoluted
logic, half-truths and outright lies, in hysteric support of legislation such as SB362,
caused many Texans to assume
that
illegal
aliens and terrorists come to Texas
specifically to subvert our election process by voting and, by doing so, to destroy our
nation.
ILLEGAL ALIENS DON'T COME TO TEXAS TO VOTE. THEY COME TO TEXAS
TO WORK.
FOREIGN TERRORISTS DON'T COME TO TEXAS TO VOTE.
THEY DON'T
BELIEVE IN THE VOTE. THEY ADHERE TO OTHER MEANS TO ACCOMPLISH
THEIR EVIL PURPOSES. NATIVE BORN DOMESTIC TERRORISTS HAVE LONG
AGO LOST FAITH IN THE ELECTION PROCESS.
THEY EMPLOY OTHER
VICIOUS MEANS TO FURTHER THEIR CAUSES.
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Not withstanding the Bettancourt claims that thousands of illegals have voted or
attempted to vote by fraudulent registration or impersonation in Harris County, VOTER
IMPERSONATION AT THE POLLS HAS NOT AND DOES NOT OCCUR.
IT IS
ALREADY A FELONY !
If Mr. Bettancourt ' s assertions were true , why did he not investigate each and every
instance he cited in order to determine if those who tried to register to vote or tried to
vote illegally were actually aliens or people ineligible to vote? Why didn ' t he prosecute
those who allegedly committed or attempted to commit what he calls "voter fraud"?
The answer to both questions is that Bettancourt ' s allegations were, as a result of
purposeful convoluted logic , trumped up attempts to cause Harris County and Texas
citizens to believe Texas' elections system is broken and must be fixed . His plan to "fix"
this fictional fault in our election system parallels the Republican 's Party' s national plan
to place as many obstacles , barriers and complexities as possible in the path of those who
voting analysts concur might want to vote for Democrats--senior, disabled , naturalized,
indigent , student and minority CITIZENS.
One might conclude that Karl Rove and Tom Delay were guiding Mr. Bettancourt's
efforts
all the way.
That, after all , has been part and parcel of the Rove/Delay
"conspiracy" to bring about a permanent Republican majority in Texas and the USA,
albeit recently derailed.
Regarding senior, indigent , naturalized , disabled, minority and student Texans who may
want to vote, Senate Bill 362 presents expensive and complex hoops for them to jump
through in almost all Texas counties--especially large and sparsely populated counties--to
obtain that FREE ACCEPTABLE PHOTO ID.
What about the frail Texas senior citizen who doesn ' t drive and lives many miles from a
courthouse , courthouse annex , drivers license office or other acceptable place by which to
obtain acceptable photo ID.? That citizen would have to ask someone to drive him/her to
the courthouse or annex in order to register ; or take a taxi or a bus- if a bus even goes
from his/her residence to those possibly remote places . That could be a long, expensive
round trip in many Texas counties given the increasing cost of gas.
What about the college student who lives in a dorm or moves from apartment to
apartment from semester to semester?
The provisions of SB362 and other such Republican sponsored bills unfairly impede
certain
targeted
citizen ' s
right
to
vote
unencumbered !
THAT
IS VOTER
SUPPRESSION, MR. DEWHURST!
Many senior , indigent , disabled citizens don't pay a utility bill or have a telephone.
Many of them live with their children or in nursing homes where someone else pays the
utility bill, telephone bill, etc . The social Security card has no picture on it. Neither does
the certified birth certificate.
I could go on.
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Recently I wrote a letter to the Waco Tribune Herald Editor criticizing SB362.
A
spokesperson for Senator Fraser responded to the Waco Tribune Herald & stated that
Senator Fraser's bill would see that appropriate voter identification would be "free" to
anyone who would use the free photo ID "only to vote".
Great, but why should any
Texan be forced to endure the humiliation of exposing his/her financial situation in order
to exercise that right to give his or her consent to those who would govern him/her from
cradle to the grave? Will SB 362 provide the cost of the trip to the appropriate photo ID
location?
Will SB 362 pay the expense one might incur for a replacement birth
certificate or other costly credentials--naturalization papers, etc.--necessary to qualify for
Senator Fraser's "free" photo ID?
Republicans argue that one must have photo ID in order to buy alcohol, get into an adult
movie, buy a gun, get a drivers license, etc. Those are not constitutional rights. Voting
is.
It seems Republicans prefer making it easier to buy a gun than to vote!
I categorically assert that the real intent of House Bi11362 is to make it very difficult and,
in some cases, impossible, for some who might want to vote for a Democrat to vote at all.
If Republicans are serious about making Texas elections perfect, why are they not giving.
maximum attention to mail-in balloting.
It is impossible to show photo ID in a mail-in
ballot?
That is where voter fraud may take place. The answer is that Republicans use
mail-in balloting more than Democrats according virtually all pertinent research.
To sum it up, Mr. Dewhurst, Mr. Williams, Mr. Fraser, Senate Bill 362 is a dishonorable
attempt to crumble the foundation of our representative democracy--the notion of "the
consent of the governed"-which
is essential to a democratic republic!!!
Many
Americans have been maimed or have died fighting for the principle of the "consent of
the governed"!
My Dad fought & was wounded in three wars for that right-WWII,
Korea & Vietnam. SB362 spits in his face & their brave faces & on their graves.
Mr. Dewhurst , Mr. Fraser and all who support the concept and intent of SB362, it is, for
all of the reasons cited above and more, VOTER SUPPRESSION AND VOTER
DISENFRANCHISEMENT.
Republicans run to win, not to govern. When they do try to govern, it is always on behalf
of those who don't need government--the powerful and well connected--at the expense of
those who do--the very old, the very young, the sick, the indigent of all ethnicities, those
who are impaired in one way or another and those who lack the physical or financial
wherewithal to work their way through the maze of government but who still have the
right, as citizens, to determine via the "free and unencumbered vote", those who will
govern them. They are the very ones you are trying to disenfranchise, Mr. Dewhurst &
Mr. Williams. They are those, among others, who Democrats champion and will continue
to champion.
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Senate Bill 362 is just one more example of what Republicans--who see their ship about
to sink in Texas and the USA--will do to hold on to power or gain power , as the case may
be.
Thank you...
Read what I have said and then go and take a long, thoughtful look in the mirror at what
you see looking back. Give serious thought to what you are about to do and then do the
honorable thing and vote against this shameful piece of legislation . Vote against SB362
if you have an ounce of patriotism , class , character and real regard for this special state
and nation and its citizens.
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TESTIMONY OF JAMES COLIN HARDING
MARCH 10, 2009
PUBLIC TESTIMONY FOR SB 362 VOTER IDENTIFICATION.
I AM THE PRESIDING JUDGE FOR HARRIS COUNTY: SIGNATURE VERIFICATION
AND ABSENTEE VOTING AND THE EARLY BALLOT BOARD.
IN THE LAST FEDERAL ELECTION MY BIPARTISAN BOARD OF 45 VOLUNTEERS
PROCESSED OVER 70,000 BALLOTS AND 7,000 PROVISIONAL BALLOTS.
I AM A RETIRED VICE PRESIDENT WITH MARS, INCORPORATED, THE MAKERS OF
SOME OF THE FINEST CONFECTION PRODUCTS IN THE WORLD. ALTHOUGH I
SPENT CONSIDERABLE TIME IN MARKETING AND HUMAN RESOURCE
MANAGEMENT, I STILL CONSIDER MYSELF A PLANT/PRODUCTION MANAGER. I
SPENT A CAREER COMMITTED TO ADVANCING A QUALITY PRODUCT AND
BUILDING INTO THE PRODUCTION SYSTEM THE MOST EFFICIENT PRODUCTION
PROCESSES.
I STRONGLY SUPPORT AND URGE THIS LEGISLATIVE BODY TO REQUIRE
POSITIVE VOTER IDENTIFICATION SYSTEMS TO DRIVE THE VOTING PROCESS
FROM INITIAL REGISTRATION TO FINAL CERTIFICATIONS OF ELECTIONS.
YOU NOTICE I USE THE TERM POSITIVE VOTER IDENTIFICATION SYSTEMS, THAT
CAN MEAN WHATEVER YOU WANT IT TO MEAN.
I WANT TO BE ASSURED THAT
THE JOHN PAUL JONES III OF 220 MAPLE STREET, WACO, BEFORE ME IN PERSON
OR ELECTRONICALLY IS THE SAME JOHN PAUL THAT IS REGISTERED IN
MCLENNAN COUNTY.
ANOTHER EXAMPLE, SEAMAN JOHN PAUL JONES II IS SERVING ABOARD THE USS
ABRAHAM LINCOLN AN ATTACK AIRCRAFT CARRIER IN THE CHINA SEA. HE
SWIPES HIS POSITIVE IDENTIFICATION INSTRUMENT ON A TERMINAL IN THE
SHIP'S OFFICE AND EXECUTES A BALLOT VIA EMAIL DURING THE EARLY VOTING
PERIOD.(A PAPERLESS TRANSACTION IF DESIRED.) THE MCLENNAN COUNTY
CLERK HAS A RECORD DOCUMENT OF JOHN PAUL'S VOTE.
JOHN PAUL JONES, JR. IS RETIRED FROM EXXON, BUT HAS GONE BACK TO
QATAR ON CONTRACT. THE EXXON EMPLOYEES SERVICES GROUP FACILITATES
MR. JONES'S TEXAS ID AND HE VOTES WITHOUT SNAIL MAIL BEING EXCHANGED.
THE TECHNOLOGY EXISTS AND HAS FOR YEARS TO INCREASE THE USE OF USER
FRIENDLY TECHNOLOGY IN THE VOTING PROCESS, YOU CAN CHANGE THE
VENUE TO HOSPITAL, NURSING HOME, REHAB CENTER, COLLEGES, OR JUST
ABOUT ANY PLACE PEOPLE GATHER. EARLY VOTING TURNOUT HAS NOW
TRUMPED THE PRECINCT AS THE MOST EFFICIENT PLACE TO VOTE., YOU CAN
VOTE ANYWHERE IN THE COUNTY, CLOSE TO HOME, WORK OR ON THE WAY.
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JAMES COLIN HARDING
PAGE 2
YOU ARE MARRIED ONLY TO A FIXED VOTING SITE ON ELECTION DAY AND
TECHNOLOGY MAY/CAN ALSO OBSOLETES THE FIXED VOTING SITE AS A RELIC
OF THE PAST.
BUT TECHNOLOGY CANNOT SERVE US WITHOUT THE INTRODUCTION TO A
POSITIVE VOTER IDENTIFICATION PROCESS, OTHERWISE WE LEAVE THE
PROCESS OPEN TO GAMING.
INITIALLY IN MY OPINION ACROSS TEXAS A FEW BUILDING BLOCKS NEED TO BE
IN PLACE.
1. THE VOTER REGISTRATION PROCESS AND THE VOTING ADMINISTRATION
PROCESS SHOULD BE ONE SEAMLESS AND TRANSPARENT ORGANIZATIONAL
ENTITY.
2. ONE ORGANIZATION UNIT HANDLES THE ALPHA OF REGISTERING VOTERS
AND THE OMEGA OF CERTIFYING THE ELECTION. THERE IS NO ROOM FOR
FINGER POINTING ON WHO DROPPED THE BALL IN THE ELECTION PROCESS.
3.A000UNTABILITY IS FIXED AND THE AUDIT TRAIL IS TRANSPARENT TO ANY
INQUIRY.
4. ONE HIGHLY AUTOMATED SYSTEM DRIVES ALL ASPECTS OF THE VOTING
PROCESS. HARRIS COUNTY NOW USES TWO SYSTEMS WHICH DON'T SPEAK WITH
EACH OTHER.
5. THE IMPLEMENTATION OF A STATE WIDE SYSTEM WOULD BE FACILITATED BY
COMMON ORGANIZATIONS AND SYSTEMS.
6. THE TRAINING OF ELECTION WORKERS IN ELECTION LAW AND PROCEDURE
WOULD BE ENHANCED.
7. THE VOTERS OF TEXAS WILL HAVE MORE CONFIDENCE IN THE VOTING
SYSTEM.
8. ELECTION WORKERS ARE NOT INVESTIGATORS OR SEEK CONFRONTATION
WHEN A VOTER'S IDENTITY IS IN QUESTION. POSITIVE VOTER IDENTIFICATION
BUILDS EVERYONE'S CONFIDENCE THAT THEY ARE DOING THE BEST JOB
POSSIBLE BECAUSE THE STATE LEGISLATURE GAVE THEM THE TOOLS TO DO
THE JOB.
THANK YOU, I AM AT YOUR SERVICE.
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National Association for the Advancement of Colored People
P.O. Box 460944
Garland , Texas 75046
(972) 381 -5044/FAX (972) 733-7637
Website: www.2arlandtxnaacp.orc
Email : www.garlandtxnaacp(&2arlandtxnaacp.or2
Testimony before Texas Legislature (Senate) - Proposed Voter ID Bill (SB 362)
Tuesday - 3/10/09
Name: Billy J. Williams
Address : 617 San Carlos Drive - Garland, Texas 75043
Texas Senatorial District 2: The Honorable Bob Duell
Texas resident and active registered voter (In Texas) since 1970 .
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Dallas County Deputy Registrar since 15+ years
President, NAACP Garland Branch
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Statement: Ladies and gentlemen of this esteemed legislative body, thank you for this
opportunity to appear before you today.
Specifically, to my elected representative# to the Body,
The Honorable Bob Duell.
Registered voter since age 18 .
a,4 y rs - s-r1w;
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Medgar Evers, then NAACP Field Secretary (shot down in his own driveway for registering
Black voters in Mississippi) as he prepared for another crusade to dismantle walls of voter
suppression and intimidation : "I don't know if I am going to heaven or hell , but this morning I
am going to Jackson ." Well, in that same spirit when I this proposed bill: I said to myself in the
spirit of Medgar Evers: "I don 't know if I am going to heaven or hell , but I am going to Austin
today. "
44 years and 3 days after "Bloody Monday" when thousands of Americans (mostly African-
Americans) in quest for the God-given and inalienable right to vote , faced vicious dogs, fire
hoses and angry mobs (which included law enforcement) as they attempted to cross the Edmund
Pettus Bridge in Selma, Alabama , I come here to voice the strong and unwavering opposition to
the passage of HB 81 /SB 362 . Despite the expressed intent of this Bill by its author/sponsor's
"...current Texas Election procedures (County issued Voter Registration Certificates ) leaves a
potential for loophole for fraud . Because of this , it is possible for an "unscrupulous individual" to
submit several voter registration applications and to receive the voter registration certificates for
the "fake" individuals . Further , with the current process , no statutory standards exist to verify the
identity of individuals at the polling place when they present a voter registration certificate."
The author's/sponsor's assertion and intent is without fact or supportive data, and is misleading
on its face.
Ladies and gentlemen, I hold up before you three documents that currently serve as the pathway
for voter registration, participation and education:
1.
Texas Voter Registration Application (Properly administered, processed and monitored
by County Voter Registrars). No Requirements: Section 5 (DOB); Section 8 (Texas
Driver's License or Personal ID or if no Texas Driver's License or Personal ID give last 4
digits of SSN.
2.
Section 9: Penalty for false information or perjury.
3.
ID Requirements (reverse side).
4.
Voter Registration Certificate (Point out each block and signature requirement).
Provision for voting without Voter Registration Certificate
r,^
5.
Texas Voter's Guide (Issued by the Secretary of State)
rl
6.
As taxpayers, I and our membership strongly object to paying the cost reprinting and
redistributing these documents.
This Bill is badpolicy aimed at producing a "chilling effect" on Texas voters , especially
new voters, senior citizens and racial/economic minorities.
i
2
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8.
It is a "fathom at the opera" tactic to address a "fathom statutory deficiency that does not
exist."
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Closing:
Voting Rights Act, adopted initially in 1965 and extended in 1970, 1975, and 1982,:is generally considered the
most successful piece of civil rights legislation ever adopted by the United States Congress. The Act codifies
and effectuates the 15th Amendment's permanent guarantee that, throughout the nation, no person shall be
denied the right to vote on account of race or, color. In addition, the Act contains several special provisions that
impose even more stringent requirements in certain jurisdictions throughout the country.
Voting Rights Act, adopted initially in 1965 and extended in 1970,1975, and 1982, is generally considered the
most successful piece of civil rights legislation ever adopted by the United States Congress. The Act codifies
and effectuates the 1 5th Amendment's permanent guarantee that, throughout the nation, no person shall be
denied the right to vote on account of race : o&color. In addition, the Act contains several special provisions that
impose even more stringent requirements in^ertain jurisdictions throughout the country.
Have you, your parents or your grand parents ever showed up to vote and were asked this
questions:
•
How many bubbles are there in a bar of soap?
•
How many blades of grass are there in a bale of hay?
•
Can you show me a copy of your "paid in full" poll tax receipt?
I am sure that for 95% of you, the answer would be no!
Well, my answer is yes. These and other
forms of voter intimidation and suppressions that I observed a teenager are forever etched in my
in memory and spirit. Final point: Too many motorists/pedestrians are killed and/or injured on
Texas highways by drunk drivers in Texas each year. However, this body has not passed
legislation requiring that DPS and other law enforcement agencies administer sobriety tests to
every motorist stopped for whatever the reason.
Why not? Because such a state imposed public policy would stripe local law enforcement of
"discretion" needed to properly do their job at the point of contact. The same is true for this bill,
if passed. Imposing this bill on local Election officials can also be compared to spraying the
entire Master's Augustus golf course with weed killer when the only weeds sighted are around
the 10th green!
As a duly registered and active voter in Texas since 1970 and in Louisiana prior to that time, I
resent having the State using this shotgun approach to address a not yet validated widespread
systemic problem. As a Texan (voter and taxpayer) who understand the perona nature of
politics, I am tired of elected officials who try to change the rules of game, just because they
don't like the outcome.
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Effective leadership is not only doing the right thing, it also means doing things right!
Provide
more opportunities, not barriers to Texans to exercise this most fundamental rights and
responsibility of our democracy - the right to vote without fear or intimidation, whether covert or
overt! Do not pass this bad public policy, whose intent is driven by politics and not by the will
of the people!
In the spirit of Medgar, Martin and Malcolm we stand firmly in opposition of this
bad public policy.
We are tired , but not weary !
Do the right thing , because it ' s the right thing to do! Vote "NO"
on SB 362 .
4
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Skipper Wallace
Texas Republican County Chairman 's Association
Legislative Chairman
PO Box 886
Lampasas , TX 76550
512-556-6624
March 10, 2009
RE: SB 362
Position :
I Support this Bill
Mr. Chairman and members of the Senate, it is an honor to be allowed to appear before you today on
such an important occasion.
Since the days of land slide Lyndon and the questionable votes that were cast for him in 1948 in South
Texas, we have had a very colorful history of our elections in Texas.
Ballot security and integrity of the voting process encourages voters to make the effort to go out and
vote because they know their vote will count.
The U. S. Supreme Court clearly recognizes the value in securing the integrity of elections when they
said, "Confidence in the integrity of our electoral processes is essential to the functioning of our
participatory democracy . Voter fraud drives honest citizens out of the democratic process and breeds
distrust of our government. Voters who fear their legitimate votes will be outweighed by fraudulent
ones will feel disenfranchised . ( Purcell v. Gonzalez, 549 U.S.- 2006)
A recent article in the Washington Times Published January 22, 2008 states: "Two-thirds of Americans,
including a majority of racial and ethnic minorities, say the government should make voters show photo
identification before voting, according to a new f=ox 5/Washington Times/Rasmussen Reports survey.
Support for the concept is overwhelming," said Scott Rasmussen, who conducted the poll, taken Jan. 16
and 17 of 1,000 adults.
"What this number suggests to me is, it sounds like common sense in a society
where you have to show ID to do just about anything."
The Rasmussen report shows that overall , 67 percent say they support requiring photo identification,
and that support runs high across all demographic groups . More than three-fourths of Republicans
supported showing identification , as did 63 percent of Democrats and independents . And 58 percent of
blacks, 69 percent of whites and 66 percent of other ethnic or racial minorities backed the concept.
On April 28, 2008, the U.S. Supreme Court upheld Indiana's photo identification law with a 6 to 3 ruling
in Crawford v. Marion . The majority opinion, authored by Justice John Paul Stevens, invalidates volumes
of spurious claims made by opponents of photo identification requirements, forever memorializing their
constitutional weightlessness.
The Court ruled "the universally applicable requirements of Indiana's voter-identification law are
eminently reasonable." Justice Scalia, in a concurring opinion, refers to the burdens of photo
identification as "minimal and justified."
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"The Supreme Court also ruled that for the few voters without identification, the burden of obtaining
one (for free under Indiana's law), does not qualify as a substantial burden on the right to vote."
The Supreme Court decision clears a major hurdle for Texas legislators to pass a photo identification law
which helps address the vast potential for fraud that is evident.
Requiring photo identification to vote in Texas elections is a simple and common sense election integrity
measure , especially since so many Texans currently hold a Texas driver's license.
The office of the secretary of state reports that there are 12.7 million registered voters in Texas as of the
March 2008 primary elections. According to the Department of Public Safety, there are more than 14
million valid Texas driver's licenses and almost another 4 million valid Texas ID cards issued to Texans
over age 18. Currently, there are 5.3 million more government-issued identification cards possessed by
the voting age population than there are registered voters. You can do the math, not many folks don't
already have an ID.
The Supreme Court also rejected the argument that photo identification is a partisan ploy aimed at
admitting access to the polls. Justice Stevens cites the bipartisan Commission on Federal Election
Reform , led by President Carter and former Secretary of State James Baker, which issued 87
recommendations for ensuring equal access to elections and election integrity. The Carter-Baker
Commission recommended that states require photo identification at polling places.
Having been an Election Official for over 17 years, I can tell you from personal experience that it is very
difficult to prove voter impersonation . Unless the Election Judge or Clerk has personal knowledge that
the person requesting to vote is not who he says he is, then it is almost impossible to verify the identity
of the voter even in small rural counties.
The democrats main argument against voter identification is that it is so inconvenient for the elderly and
handicapped to get an ID.
I have an 86 year old mother and a handicapped brother who cannot do
anything for himself except breath, and talk. They both have ID's.
I asked how hard it was to get an ID.
They said that the biggest problem was getting to the DPS office . They also said that having the ability
to vote was far more important than any inconvenience they had to go through.
Let's put the confidence of the people back in the voting process by using an ounce of prevention
instead of a pound of cure to improve our election system in Texas.
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My name is Paul Gebolys.
I am a resident of Montgomery County.
I have been an election worker and an election judge since 2002,
so I speak today not as an academic expert but as one of the thousands of election workers in the
actual trenches who will be obligated to enforce the rules that you enact.
I also have been an educator of voters both at the polls and volunteering to educate voters on the
new voting machines when adopted by Montgomery County.
Expert witnesses have alluded to the additional burdens that this bill would place on election
workers.
I find in this bill, no burdens beyond those we are already privileged and obligated to
perform each election day as we get to the polls before sun up and usually work well into the
evening, driving to the county seat to deliver the ballots.
Criticisms heard today that our dedicated and well trained poll workers would be so easily
overwhelmed, I find to be a, hopefully unintended, insult to our years of professionalism.
We have even handled the increase of provisional voters that past changes in the law brought us
to the extent that one voter that we had to tell that his provisional vote would not likely be
accepted, turned into a poll worker at our voting location for the following election.
More important than our duties ore yours to guarantee to the voters of Texas an accurate count of
their votes without the shadow of fraud.
No matter how rare - as it was pointed out on the floor earlier today- being hit by lightening is, it
is a memorable event.
So also, the first time a voter feels that his or her vote has been cancelled
by a fraudulent vote, part of their faith in the democratic system dies.
In the Crawford -v- Marion County decision, Justice John Paul Stevens, wrote that despite
"finding no instances" of fraud, he and the 6 to 3 majority upheld the even more stringent voter
ID law of Indiana. So having a history of voter ID fraud is not required for you to do your duty.
In Texas it has long been known that you don't need to wait for your horse to be stolen to be
intelligent enough to padlock your barn door.
Please do the right thing. Please be pro-active. Please prevent the chance of voter ID fraud.
It is your duty to protect the integrity of this and future state governments by doing everything
you can to guarantee the integrity of our elections in Texas. For if you do not do this, any party
holding the majority in the future will have their election mandate undercut, because the
confidence of the Texas voters will be diluted.
When the voter have lost faith in the integrity of the ballot box as an honest tool of democracy,
they may turn to methods unimaginable and unacceptable to all who cherish civil and stable
government.
Paul Gebolys
14 Pineash Court
The Woodlands, Texas 77380
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Thank you for this opportunity to express my viewpoint about a proposed voter ID
requirement .
I have 3 main concerns.
First,
I believe that this is a solution in search of a problem .
I can find little
evidence of voter fraud problems in Texas .
I wonder why this is a concern when
we have obvious problems such as a high dropout rate , a huge prison
population , threats and murders from drug cartels south of the border , budgetary
constraints that will demand all our thoughtful innovation and skill.
Second,
I am a pragmatist by nature and seldom find ideology useful, but I
remember a time in Texas when our elected officials tended to adhere to a more
noninterventionist ideal.
Legislate only when necessary .
Especially when the
capital "R" is behind your name .
I liked it when the government had fewer
mandates over us. Now we even have to take a class to get married or we're
penalized.
My third concern is that this ID requirement will primarily affect the older people
I
know and people like my daughter who have a disability . Please do not place
new barriers , even subtle ones , upon the people who face many barriers each
day.
My last comment regards the rule change from a 2/3's vote to a simple majority.
In my religious tradition, decisions and policy are to be made "decently and in
order"
(you Presbyterians will know what I'm talking about). This change in the
rules appears , and probably is, a strictly partisan move that
I find very out of
order.
I would respectfully admonish you to keep your higher purpose at heart.
Thank you very much for your attention.
Glenda Dickinson
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TESTIMONY OF GILBERTO HINOJOSA REGARRING PROPOSED VOTER ID
LEGISLATION
MR. CHAIRMAN AND MEMBERS OF THE SENATE:
WHEN I WAS GROWING UP IN SOUTH TEXAS AN ALMOST SURE WAY TO
DISCOURAGE YOUNG NINOS, CHILDREN, FROM DOING THE THINGS THAT NINOS
LOVED TO DO WAS TO RAISE THE SPECTER OF "EL CUCUI", OR THE BOGEYMAN.
OUR MOTHERS OR OUR TIAS WOULD WARN US THAT IF WE DID SOMETHING
THAT THEY DID NOT WANT US TO DO, "EL CUCUI" WAS GOING TO GET US. IF WE
WOULD GO OUT AT NIGHT TO PLAY AT THE SCHOOL GROUND, "EL CUCUI' WAS
THERE. OR, IF YOU DIDN'T DO YOUR HOMEWORK, "EL CUCUI" WOULD EAT YOU.
IT MOSTLY WORKED BECAUSE IN OUR YOUNGER YEARS WE WERE CONVINCED
THAT THERE WAS A "CUCUI" OUT THERE IN THE NIGHT WAITING TO DO ALL
SORTS OF HORRIBLE THINGS TO US..
OF COURSE, "EL CUCUI" WAS A MYTH CREATED BY OUR PARENTS AND
ONLY EXISTED IN THE MINDS OF THE CHILDREN WHO WERE FRIGHTENED BY LL
IT WAS CREATED BY OUR PARENTS WITH THE SPECIFIC DESIGN TO SCARE US -
AND TO CONTROL US
THOSE WHO ADVOCATE THIS VOTER ID LEGISLATION HAVE CREATED A
"CUCUI", A BOGEYMAN, WHICH THEY CALL VOTER FRAUD IN ORDER TO
ATTEMPT TO CONVINCE LEGISLATORS OF GOODWILL TO SUPPORT A BAD BILL. A
BILL THAT IS UNNECESSARY AND WILL ONLY DO HARM.
LIKE THE INFAMOUS
"CUCUI", VOTER FRAUD IN THE FORM OF VOTE IMPERSONATION - THE FRAUD
WHICH THE VOTER ID BILL SEEKS TO ADDRESS - IS NON-EXISTENT. SURVEYS
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ACROSS AMERICAN, AND IN THIS STATE, SHOW THAT INSTANCES OF INELIGIBLE
VOTERS VOTING OR ATTEMPTING TO VOTE THROUGH VOTER IMPERSONATION
ARE RARE, AND IN MOST AREAS OF THE STATE, SUCH AS THE RIO GRANDE
VALLEY, UNHEARD OF.
STATISTICALLY, WE ARE MORE LIKELY TO BE HIT BY
LIGHTING.
OR BETTER YET, WE ARE MORE LIKELY TO ENCOUNTER "EL CUCU
'
IN A DARK ALLEY OR STREET.
WHAT WE DO KNOW, HOWEVER, IS THAT A VOTER ID BILL WILL
SERIOUSLY DISCOURAGE VOTER TURNOUT AMONG MINORITIES SUCH AS
HISPANICS AND AFRICAN-AMERICANS, THE ELDERLY AND LOW INCOME PEOPLE.
AMONG HISPANICS ALONE, IT ESTIMATED THAT THERE WILL BE A 10% DROP IN
VOTER PARTICIPATION IF THE LEGISLATION PASSES - SOME EXPERTS SAY UP TO
15%. IT ALSO DISPROPORTIONATELY EFFECTS WOMEN. WOMEN ARE MORE
LIKELY TO NOT HAVE A DRIVER'S LICENSE THAN MEN - THE PRIMARY FORM OF
ID THAT WILL BE REQUIRED.
MINORITIES AND LOW INCOME PERSONS ALSO HAVE A GREATER
LIKELIHOOD OF CHANGING ADDRESSES THAN OTHERS. IN FACT, IF THERE EVER
WAS A TIME THAT THIS IS A TERRIBLE IDEA IT IS NOW, WITH THE HUGE NUMBER
OF MORTGAGE FORECLOSURES AND JOB LOSSES IN OUR COUNTRY. CITIZENS
HAVE LOST THEIR HOMES OR HAVE BEEN FORCED TO MOVE BECAUSE OF JOB
LOSSES.
UNDER THIS LAW, THEY SUFFER THE POSSIBILITY THAT THEIR ABILITY
TO VOTE WILL BE CHALLENGED BECAUSE 1) THEIR DRIVERS LICENSE OR OTHER
ID DOES NOT CORRESPOND TO THE ID IN THEIR VOTER REGISTRATION CARD,
AND 2) BECAUSE THEY SIMPLY DON'T HAVE THE MONEY TO GO FILE A CHANGE
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OF ADDRESS APPLICATION WITH THE DRIVERS LICENSE BUREAU!
IT IS SIMPLY
WRONG TO FURTHER SUBJECT TEXAS CITIZENS THAT HAVE SUFFERED FROM
THE INDIGNITY OF LOSING THEIR HOMES AND THEIR JOBS TO DENY THEM THE
RIGHT TO VOTE BECAUSE OF A LAW WHICH ALLEGEDLY SEEKS TO RIGHT A
WRONG THAT DOES NOT EXIST
NO.
I WENT TO TOO MANY FUNERALS OF SOLDIERS IN THE RIO GRANDE
VALLEY WHO DIED FOR OUR NATION'S CAUSE IN IRAQ AND AFGHANISTAN. AS A
TEENAGER AND YOUNG MAN, I SAW IN THE NEWSPAPER THE PICTURES OF TOO
MANY YOUNG MEN FROM SOUTH TEXAS WHO GAVE UP THEIR LIVES WILLING
TO FIGHT FOR THEIR COUNTRY IN AN UNPOPULAR WAR IN VIETNAM.
GARCIAS,
LOPEZ', TREVINOS, MARTINEZ' AND MENDIOLAS. THERE ARE MORE MOTHERS,
WIVES AND CHILDREN IN THE RIO GRANDE VALLEY WHO GAVE UP THEIR LOVE
ONES FOR THIS RIGHT THAT WE INSIST UPON TODAY - MORE THAN ANYWHERE
ELSE, PER CAPITA, IN THIS COUNTRY. THAT RIGHT IS ONE THAT ENSURES THAT
THIS DEMOCRACY THAT WE ALL LOVE IS A TRUE DEMOCRACY THAT GIVES ALL
OF OUR CITIZENS - WHETHER THEY ARE WHITE, BLACK, HISPANIC, OR ASIAN,
RICH, OR POOR, YOUNG OR OLD - THE RIGHT TO CHOSE THOSE WHO WILL LEAD
THEIR NATION. TO CHOSE THOSE WHO WILL MAKE THOSE CRITICAL DECISIONS
THAT EFFECT THEIR LIVES, AND THOSE OF THEIR CHILDREN. THE DECISIONS TO
GO TO WAR, OR NOT, TO ENACT LAWS THAT PROTECT THEIR JOBS, TO PROVIDE
HEALTH CARE AND GOOD SCHOOLS FOR THEIR CHILDREN.
THERE IS NO "CUCUI" HERE. THERE ARE ONLY GOOD HARD WORKING
GENTE , PEOPLE, WHO CARE DEEPLY ABOUT THIS COUNTRY AND SIMPLY WANT
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TO BE PART OF WHAT HAS MADE IT SO GREAT. PLEASE DON'T ENACT THIS LAW.
IT'S A BAD LAW, IT IS UNNECESSARY AND IT WILL HURT MANY GOOD,
HARDWORKING, PATRIOTIC AMERICANS.
THANK YOU.
,MAGI' LLANES
'a
ir
L
Gilberto Hinojosa
H I N O J O S A
'"ocr`e
Magallanes & Hinojosa
A PROFESSIONAL CORPORATinu
CA4i P rh * /
Attorney at Law
CQrAyeirol
Attorneyat Law
3800 N. FM 492, Ste. 1
1713 Boca Chica/P.O. Box 4901
Mission, Texas 78574
Brownsville , Texas 78520
Telephone : (956) 583- 1660
Telephone : (956) 544-6571
Facsimile: (956) 583-5939
Fac4imilei,(956) 544-4290
ghino@maghilaw.com
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Regarding Senate Bill 362
Written Testimony only 3/10/2009
Distinguished Senators,
My name is Elaine Henderson and I have written this to explain my opposition to
the inplementation of a requirement for a photo ID from particular Texas and/or
US government agencies in order to vote.
One, I'm sight-impared. Macular Degeneration is becomming widespread in
Texas and once one cannot pass the driver's eye test, many people will simply not
have the means to travel to the DPS to get an ID. When I got my first ID, it came
with an error on it. They had printed on it that I was very short, which I am not.
This meant my husband, bless him, had to drive me there again, some 60 miles,
and some weeks later, I had an ID. Many people don't have someone to drive
them.
Second, in the past I worked at the polls and found that the clerks have a lot of
things to check on the voter lists; and, it is already required to present ID or a
utility bill, etc. at the polls if one has registered for the first time in Texas by mail.
This new ID check for all voters will slow down the voting process, and those
people who have come from work at four or five PM may have to stand in lines to
vote for a very long time This bill would discourage voting.
Third,
I am aware that this kind of measure was passed and implemented by the
.Georgia legislature, and as a Texan for more than 35 years, I believe Texans are
better than that.
I recently saw a book about "Faith in Texas" with beautiful
churches of every kind, from Cathedrals and Painted churches, to Mosques,
storefronts and Jewish Temples. There was even the reverent cowboy on his
horse. The book's author declared that Texans have strong faith traditions and
in all of them - a strong belief in the dignity of every person. "Texans generally
try to follow the Golden Rule".I agree that most also have a strong sense of fair-
play. So please don't be petty. Respect all the people you represent. Vote NO on
SB362.Thank you.
Respectfully submitted,
Elaine Henderson
6302 Camille Ct.
Lago Vista, TX 78645
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I urge you to vote against SB362.
Why create more barriers to voting or increased costs to those who must pay for documents to
meet the requirement of a photo ID? If you do not intend to pass on this cost then you must be
willing to pick up the tab. Do intend to pass this cost along, why? Is this fair? Is this not just a
new form of poll tax? Is that where we have arrived in the Texas of 2009?
Or are you really willing to incur greater cost for a program for which there is no evidence that
there is a problem? Of all the millions who vote in Texas; how many cases of Voter Fraud have
been found or prosecuted? How much of our limited resources are you willing to expend for a
non-problem? I can think of plenty of better ways to utilize our funds.
This movement smacks of efforts to suppress the votes of those who can least afford to meet the
requirements; who just happen to be more likely not to vote Republican.
It is time to discontinue the sponsorship of Bills such as this. These types of bills just tear our
Texas apart rather than unite us in efforts to make us better.
Please vote against SB 362.
Sincerely,
Zada True-Courage
1938 Broken Oak St.
San Antonio , TX 78232
Senate District 25
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Testimony
Submitted by
Shirley Lindsey
League City, Texas
TO:
Texas Senate
The most important issue here before us all is preventing voter fraud.
This is the reason why I
have been here all day long to support SB 362.
The suspicious activities of the ACORN organization has brought the possibility of voter fraud to
the forefront in a very alarming way, just how fragile our protection against voter fraud is.
Voter integrity is the security to our Republic system.
Confidence that my vote has not been
taken back by an illegal vote is what keeps me voting in our elections.
All citizens of America need to know that our vote does indeed count.
Requiring all voters to
have ID's to prove that there vote is to be counted is not something that any of you should be
against.
If you vote against SB 362 then that tells me that you are taking voter fraud too lightly and that
you do not care. Texas citizens will not forget the message you have sent to us by voting against
voter ID requirements.
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Marcia Mainord
Senator Duncan and Members of the Senate.
It is an honor to be here and speak today.
903-461-1261
I am Marcia Mainord from Greenville. As a former precinct
and county chair for Hunt County, I have always appreciated the
voters. We have had, what I considered, a poor turnout across
Texas for most of my political life. The '08 election was a breath
of fresh air!
I remember when the "Motor Voter Bill' was passed
that our Congressman, Ralph Hall, supported and voted for the
bill with a public statement of the importance of bringing in new
voters. While I do not generally agree with Congressman Hall, he
has my respect for that vote. Voting stats in our Great State of
Texas still reflect low turnout. The stats from the Secretary of
States Office for the '08 Election, show Texas had 4,674,612
registered voters that did not vote in this, a much improved
election year. Hopefully that improvement can and will continue.
In Texas, we have, in my opinion an honest election. Despite
spending millions on a 2005-2006 Voter Fraud crusade, Texas
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Attorney General Greg Abbott did not find or prosecute one case
of voter impersonation. Even the national stats show very few
successful prosecutions of fraudulent voters. A national five year
effort by the Bush Justice Department netted only 86 prosecutions
from 2001-2006. There will always be the unscrupulous person,
somewhere out there, who will get around any Law that we can
pass regarding voter fraud. But I wish to emphatically contend
that Texas does not have a problem with fraudulent voting.
My concern is that SB 362 will make voting more difficult
for the elderly and other less public persons. There are a lot of
folks out there who may not drive and who do not have the same
public involvement as you and I. There is an ever increasing
number ofwomen who must deal with the trauma of divorce,
relocation and legal name change in our state. And by the way, I
am Past President of Texas Democratic Women and have been
through a divorce.
I have personal experience on these issues.
I
come from rural East Texas and we have different ways of living
than the more urban residents. We don't want to make it more
difficult for our folks to vote.
I think we should be encouraging
all legal voters to go to the polls and exercise their right to vote.
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Finally, I think the amount of tax dollars that this program
will absorb will not be well spent. The drop out rate for our high
schools needs to be addressed, along with many other issues.
Let's use these funds for public education, to improve our roads,
and improve the quality of the air we breathe.
And lastly, I wish that each and everyone ofyou could have
the experience, as I have, of serving your community as an
election judge or worker.
I feel that you would then have a better
understanding ofthe position that many newly enfranchised
citizens experience. We do not need to add more confusion at the
voting box. Our election workers already contend with confused
and sometimes disgruntled voters. This proposed law will make it
worse.
Thank you so much for your time.
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OPPOSITION TO SENATE Bill 362
Date 3/10/2009
My name is Arthur Resa.
I am the Democratic Party Chair for Bell County and I am here to oppose Senate Bill 362
and wish to inform you why you should oppose Senate Bill 362.
As County Chair for the last four years, I have personal experience with the numerous
issues that voters encounter during primary and general elections. Issues range from
cramped voting locations, wrong ballots, shortage of ballots, lack of well trained poll
workers, and voter intimidation by misinformation.
I know this is neither the time nor
place to address all these issues.
But I do want to address my experience with voter
intimidation by misinformation.
Voter intimidation by misinformation can be broken down into two areas:
First is the shortage of well trained judges and election workers who can make the voting
process run smoothly. Some judges and workers grudgingly work the polls because no
one else will, and some fail to keep up their election skills by working too few elections.
This lack of election skills can and has lead to control issues against voters and co-
workers at some polls. Introducing Voter ID as part of the voting process is nothing more
than a tool of opportunity to disenfranchise voters.
Second is lack of voter education. This is a major problem for first time voters and voters
who skip one or more years before voting again. Bell County has a unique need for voter
education. Our county is home to Fort Hood, the largest military base in the free world.
Many of our military families are young and first time voters, and some bring voting
experience from other states.
I believe Voter ID could disenfranchise our military and
veterans to vote. This would be tragic when American Soldiers have died on the battle
fields of Iraq and Afghanistan to allow the people of those two nations the right to vote!
In closing I am certain that if Senate Bill 362 is allowed to pass it will create confusion
and obstacles to voting,
it will create more opportunities
to disenfranchise a broad
spectrum of voters, either consciously or unconsciously.
The idea that illegals vote is
false, current procedures allow for only registered voters to vote in Texas.
Voter
identities are proven before they were put on the list of Registered Voters. In my four
years as County Chair I am not aware of any illegal voting or attempt to vote illegally,
nor does my predecessor in Bell County. In this great state of Texas we should be looking
for opportunities to encourage people to vote and feel confident doing so.
Respectfully Submitted:
Arthur Resa, Chair
Bell County Democratic Party
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Testimony
Senate Bill 362
Enrique Flores , Jr., President
UAW Local 276
State President , Texas Labor Council
for Latin American Advancement
March 10, 2009
Thank you for allowing me to address V-1 s body.
I believe this bill would be a big step
backwards for Texas and society as a x'.o' ..
`'oa I we heard repe tedly in earlier
testimony of the many ways this bill we -ild cicny Te;cas citizens their constitutional right
to vote. Examples of voters such as students , minorities , the elderly and disabled were
given as those who will be negatively impacted by this N i l.
Earlier testimony established that millions of tax-payer dollars were spent investigating
possible voter fraud and produced no convictions . Requiring Texas citizens to spend
money to satisfy the requirements of this bill is the same dung as instituting a "Poll Tax"
on the citizens of Texas.
I'm sure you will all remember a few short years ago the images broadcast around the
world of the first post-Saddam Hussein elections . The world watched as Iraqi citizens
held up their ink-stained fingers signifying they had votes . Those elections were made
possible by the bravery and sacrifice of our servicewomen and men. They fought and
many died defending the ideal of fair and democratic elections . We send our women and
ment to fight and die for fair elections around the world , but here in Texas we are in
danger of losing our basic constitutional right to vote freely.
I ask you to remember all those who have fought and served to protect the ideals of fair
democracy and vote "No" to Senate Bill 362.
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Testimony:
Jennie Lou Leeder
Date:
March 10, 2009
Against Senate Bill 362
The 2000 Census states that in the City of Llano, Texas there is a population of3,325. Of
that 22% are 65 years of age and older.
In Llano, Texas there are 100 females age 18
years and over for every 83.1 males.
That 10.2% of the population is below the poverty
line.
This may not sound astounding to you, but as a resident I am concerned.
According to
the US Census Bureau, women are more than two times as likely as men to not have a
drivers' license.
That one of every five senior women do not have a license.
The 2006
study by the non-partisan Brennan. Center for Justice sited that 18% of Americans age 65
and older did not have a photo ID.
If you look at my,town's demographics you will see
reason for concern. How would the residents of the assisted living, nursing homes and
other living facilities meet the requirements in SB 362 to vote?
Would my town have adequate representation at the polling locations in regards to the
age 65 and older, women and lower income voters if SB 362 were passed into law?
Would the missing votes be enough of a difference to have an affect on the out come of
the election?
If you look at the 2000 Presidential Election in the state of Florida, then the
answer would be, yes.
Therefore, I must respectfully request that you vote NO, against the passing of Senate
Bill 362.
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AFSCME
We Make America Happen
Summary of Testimony by Dee Simpson, Texas Senate Committee of the Whole SB 352,
March 10, 2005
My name is Dee Simpson, Texas Legislative and Political Director for AFSCME
Mr. Chairman and Members of the Senate,
472-07
21
I have been working with the Texas legislature as an advocate since 1981. 1 think all of us,
whether we are elected or whether we are advocates; have our own version of misplaced priorities
each session. Today there was a news bulletin concerning a report released yesterday saying
Texas had the most homeless children of any state in the United States. I find it ironic that today
Wc VV11Jlu1-1 Lill
U;
prioriy iLclll L1i1L Will LU! JUULVUiy llakc 1L lKU%A-- aiir Luc JCL1S.1LJ Vf LiWc
children and the communities in which they live to be fully Texan. For others it is but another
obstacle toward participating in the community's affairs. For this legislature it might be its
legacy.
Studies uphold that Voter ID Laws Don't Fix A Problem and Make Another One Worse
Voter ID laws suppress turnout-especially among the elderly, African American and Hispanics
because the working poor and senior citizens are less likely to have a photo ID or the time or the
ability to get one. A study by the NYU Law School found that 45% f African Americans have no
government-issued ID, nor do 18% of seniors 65 and over or 15% of those who ear less than
$35,000/year.
There is no end to the available research to testify to the negative effects of Voter ID on targeted
groups. Needless to say those made recently homeless even if registered no longer have a valid
registration much less the ability to produce many of the documents necessary to satisfy this
law's demands. For a state noted less for voter fraud than poor administration of the one's it has,
this legislation adds to not only the burden of some of its citizens, but to the state's reputation and
l..
legacy.
As someone who has worked on elections in Texas for over 40 years with exactly these targeted
groups, I have seen first hand the difficulty of getting people to order the demands of life in order
to get to the polls and vote. To place a bureaucratic burden on them and their local election
officials seems like a priority that comes from an old Texas political nightmare we should have
left long ago.
The question of political priority remains. Given the cry of "voter fraud" by certain political
operatives, consultants and elected officials, the Justice Dept under former President Bush found
86 out of 275,000,000 ballots cast between 2001-2006 to be fraudulent, Perhaps we should
examine our motives for this being made a priority when our people are losing fobs, some their
homes, and sometimes they have kids that need your real time and attention. If we don't examine
our priorities history and voters will.
Thank you
American Federation of Sta
a County and Municipal Employees, AFL-CIO
TEL (S 12) 477-9181
FAXJA2) @0-433418790l Cameron Road, Bldg. 2, Suite 300, Austin, Texas 78754
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Testimony
Of
Rosario Alvarez
Senate Committee of the Whole
March 10, 2009
Good Day
My name is Rosario Alvarez; I reside at 711 Hunstock, San Antonio. I
am a member of Laborer's Local Union number
1095.
I have been
employed by Granada Homes, Inc. for 10 years.
I want to thank you for the opportunity to present my testimony before
Senate of the State of Texas.
I
am
opposed
to
any
legislation
that
would
add
additional
identification requirements before I would be allowed to vote.
First,
I must tell you how I got here. I came to the United States in
1980 to
earn some money
to help my
family.
I had the
fullest of
intentions of returning to my home. But, life has twists and turns that are
unforeseeable. I started school, found employment, married and today, I
am a proud Grandmother.
The U.S. Customs & Immigration Service have many documents that
identify who
I
am,
The
U. S.
Department
of
State
has
as much
information concerning who I am, and I became a United States citizen.
Additionally, I completed an application for Voter Registration that was
accepted by the County of Bexar. My first opportunity to vote was for
President Obama.
How many more hoops do you want me to jump through before I can
vote, again?
I do not understand,
if the intent of the legislation is to stop voter
fraud, then why has the Attorney General of the State of Texas not made
an example of at least one of these bad people. Surely there must be
thousands out there waiting to be prosecuted.
I am confused as to the type of Identification that would be required. I
say this because Granada Homes, Inc. is a project specifically for elderly
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persons.
I know many of our residents walk to
the Bexar County
Courthouse to vote. They do not own a vehicle to have a driver's license.
So, will they be turned away from the voting booth because they do not
have a driver's license? Will their bus card do?
Another Voter I.D. will detour many people from voting. Possibly, the
Senate should appropriate additional funds for each County government
to do a more through job of screening Voter Registration Applications.
In closing, I want to express my deepest opposition to any legislation
that would place another hurdle in front a person's ability to vote.
Thank you for your time, I have copies of my testimony if needed.
Rosario Alvarez
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Common Cause Texas
603 West 13th St.
Suite 2D
Austin, TX 78701
March 07, 2009
The Senate Committee of the Whole
Texas State Senate
P.O. Box 12068
Austin, Texas 78711-2068
Re:
Submitted Testimony for Common Cause Texas in Opposition to S.B. No. 362
Dear Committee Members:
As
Texas'
oldest
advocacy
organization
devoted
to
open
and
accountable
government, we are
intently interested
in making government work
fairly and
in a
manner that preserves the cherished rights of its citizens.
Consequently, the State Board
of Common Cause Texas has voted unanimously to strongly oppose Senate Bill 362.
When considering any change to the law, legislators-in.similar. fashion to the
Hippocratic Oath-ought first resolve to commit no harm.
While many may offer strong
legislative measures
to
correct various
infirmities, we must always
ask
if the
cure
prescribed may cause more harm than the alleged problem.
Unfortunately, this is clearly
the case with the proposed Senate Bill 362.
Senate
Bill
362
imposes
unnecessarily
stringent
requirements
for
identification
on
anyone
seeking
to
cast
a
ballot.
The
justification
for
these
requirements is the prevention of instances of identification fraud. In point of fact, the
Attorney General of Texas has never prosecuted a single case of identification fraud-a
voter impersonating another voter at the polls. There is no ongoing history of widespread
or even sporadic fraud of this nature in Texas elections.
More simply, this is a case of a
solution in search of a problem.
Secondly, the imposition of strict photo identification on the casting of the
ballot imposes a disproportionate burden on the poor, minorities, the disabled, and
even women voters.
The non-partisan Brennan Center concluded
in a 2006
study
"Citizens Without Proof' that 18% of citizens 65 and over, 25% of African American
citizens, and
15%' of
voters
earning
under
$35,000
per
annum
do
not
possess
government-issued photo identification.
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Additionally, the requirement of photo
identification
fails
to provide an
accurate check on the identification of the bearer .
The Brennan Study further shows
that fully "ten percent of voting-age citizens who have current photo ID do not ° have
photo ID with both their current address and their current legal name.
This percentage
balloons
to
18%
for
eligible
citizens
aged
18
-
24.
Women
are
impacted
disproportionately as so many experience changes to their legal name due to marriage
and divorce.
Finally, Senate Bill 362 has a fiscal note which is not a realistic indicator of
the cost of this legislation to the State or Counties .
The Texas Department of Public
Safety is prohibited from collecting a fee for the provision of a personal identification
certificate to serve in lieu of a driver's license of other governmentally-issued photo ID.
However,
this
fails
to account for the cost
to the
State
for the provision of these
certificates.
The poll worker training and voter education costs also represent the very
definition of unfunded mandates imposed upon local governments.
It is clear that Senate Bill 362 represents an unwise and irresponsible imposition
on citizens seeking to exercise their right to vote.
This legislation addresses as problem
that does not exist , with a solution that is burdensome and ineffective at its intended
purpose, while imposing
additional expenses
to
the
state
budget and on
local
governments. We hope that good sense prevails and that Senate Bill 362 is rejected.
Respectfully submitted,
I r,-
c
Mario X. Perez
Laurie Vanhoose
State Chair,
Member;
Common Cause Texas
Common Cause Texas State Board
2
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Young Conservatives
ofTexas
Young Conservatives of Texas Urges Passage of S.B. 362
Young Conservatives of Texas urges every senator to support S . B. 362 to protect the integrity of
our elections.
Requiring voters to present a photo ID at the polls is a sensible and manageable requirement
that will help to decrease fraud in our elections. Americans are asked to present photo
identification every day ; to board an airplane, to get a job, or even to rent a movie.
Opponents of voter ID proposals will claim that there has been very little recorded fraud in
Texas elections and thus there is no need for this legislation . Do not let them fool you!
Currently, there is no way to know how much fraud takes place in our elections . When voters
go to the polls, they are merely required to present a voter registration certificate. As long as
that certificate matches the voter rolls, the person is checked off and allowed to vote . There is
literally no way of knowing whether the person voting is the person they claim to be.
Additionally , the Supreme Court has consistently ruled that maintaining the appearance of
legitimacy in our electoral process is just as important as eliminating real fraud . There is little
doubt that Texans have lost confidence in our elections in recent years . Requiring a photo ID
would not only eliminate fraud ; it would help restore confidence in our democracy.
Opponents claim that the legislation would impair the voting rights of minorities and other
protected classes of voters . These claims have been refuted . The US Supreme Court has
determined in the case of Marion Co . v. Board of Elections that requiring a voter to present a
government issued photo ID does not place an undue burden on their ability to vote.
YCT urges passage of S.B. 362.
For more information about Young Conservatives of Texas or their legislative agenda, please
visit www. YCT.org or contact Vice Chairman for Legislative Affairs Tony McDonald. Mr.
McDonald can be reached at tony.mcdonald@yahoo . com or (512) 923-6893.
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Voter ID
Bela Marton [bimarton@swbell.net]
Sent: Thursday, March 05, 2009 05:38 PM
To:
Josh Perry
I support the Voter ID legislation so that only those can vote who are eligible. Please
voice my opinion accordingly.
I immigrated to the US legally in 1957 arriving from Communist Hungary. It took me
5 years to gain citizenship and thereby being eligible to vote. I therefore vote as it
being a privilege rather than a right. All voters should feel that way, and they should
prove their eligibility to vote. I had to present my naturalization papers since a birth
certificate was not available. And as you know, the naturalization document does
include a photograph.
Let's keep the voter right sacred!
Respectfully,
Bela I. Marton, MSEE, PE(i)
391-68-50 USNavy, IC-2 (E-5)
Life Member of VFW
Old Man by default.
211 Lynge Drive
Allen, TX 75013-1522
(972) 727-5467
TX_00003420
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FW: Senate Bill 362
Eric Opiela
Sent:
Friday, March 06, 2009 08:29 AM
To:
Josh Perry
Forwarded Message
From : June Day <jdaytexas @yahoo.com>
Date : Fri, 6 Mar 2009 08 :47:54 -0500
To: Eric Opiela <eopiela@texasgop.org>
Subject : Senate Bill 362
I have a previous appointment on the 10th so will be unable to go to the Capitol . However ,
I would like to voice
my support for the bill .
I will also call my Senator with my opinion.
Arnold 's email will be forwarded to the membership of the Caldwell County Republican Women . Hopefully, a
number of them will attend.
Thank you for your efforts.
June Day, President
Caldwell County Republican Women
-- End of Forwarded Message
TX_00003421
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Support SB 362 (Voter ID)
PAUL BARTON [psbarton@flash.net]
Sent:
Friday, March 06, 2009 08:29 AM
To:
Josh Perry
To Eric Opie
a,
I support SB
362,
the voter ID bill.
we must
protect our voting booths
from fraud!
Last November,
we heard about
fraud using made - up names,
deceased
people' s
names and homeless
people being paid to
register under different names
- ALL here in the
state of Texas.
we cannot allow this
to happen
again !
There
is NO
excuse for this!
If we can show ID to check out library materials,
for club purchases
or to board
a plane,
then we can certainly show
necessary ID to preserve fair elections!
sincerely,
Debbi
Barton
663 Meadow Park Dr.
white settlement,
Texas76108
TX_00003422
https ://mail.myhostedsolution .com/owa/?ae=lt
&04B
Note&id=RgAAAABvUEL14w7...
3/9/2009
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ID Registration
mgleming@austin.rr.com [mgleming@austin.rr.com]
Sent:
Friday, March 06, 2009 07:50 AM
To:
Josh Perry
To Whom
It May Concern:
I
am
for
the
bill
362
which
requires
people
to
have
a proper
ID.
I
and
72
years
of
age
and have
to
show my
ID
all
the
time.
I
am not
the
least
bit
offended by
it
as
I
know
it
is
for my protection
also.
As Americans
and Texans,
we
should be proud
to have
an
ID!
TX_00003423
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3/9/2009
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Election IDs
Henry Oramas [henryoramas@hotmail.com]
Sent:
Friday, March 06, 2009 06:24 AM
To:
Josh Perry
To Whom It May Concern,
With the amount of voter fraud around the country , with ACORN registering Mickey Mouse and the Dallas
Cowboys in California ,
I think it is time , actually overdue , that we start using ID 's to vote with. Why would anyone
have a problem with this? Do you not want the elections to be honest and fair? Do you not want an outcome that
represents the citizens of the United States?
I urge you to vote yes on the voter ID Bill before you.
I asked that
you allow this Bill to come to the floor for an honest , open vote.
Sincerely,
Patricia Oramas (Spring, TX)
TX_00003424
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3/9/2009
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Patsy Quinn [mermaid2cu@comcast.net]
Sent :
Thursday, March 05, 2009 11:19 PM
To:
Josh Perry
You most definitely should show your ID when you vote. That should be mandatory!
I am "in Favor Of` and
vote YES for SB362.
Patsy Quinn
Houston, Texas
TX_00003425
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.Note&id=RgAAAABvUEL14w7...
3/9/2009
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SB362
Ruth Peterson [r2004ann@yahoo.com]
Sent:
Thursday, March 05, 2009 10:34 PM
To:
Josh Perry
I can not be in Austin at the discussion of SB362 but I'm wondering what has happened to the people
who run our Texas government and stood for honesty and integrety. We have identification in every
aspect of our life to honor the fact that we are who we say we are. Only dishonest people trying to pull
down the government our parents and grandparents fought to establish would object to identifying
themselves in order to vote.
Its time we started standing up for whats right and honest; not what we have been told is politically
correct. Let's stand up for Texas and what it has always been.
TX_00003426
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.Note&id=RgAAAABvUELl4w7...
3/9/2009
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I.D. to show when voting
Christine Glass [cleaning_queenl@yahoo.com]
Sent:
Thursday, March 05, 2009 10:08 PM
To:
Josh Perry
i am in favor of everyone having to show an ID when voting. I think this should be mandatory, This
would cut down on voter fraud, and we certaintly need to stop that
now.
Thank you Alice Christine Glass
1217 south Jefferson
Abilene,Texas
79605
TX_00003427
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i.Note&id=RgAAAABvUEL14w7...
3/9/2009
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Voter ID
Bill [surfing@swbell.net]
Sent :
Thursday, March 05, 2009 09:44 PM
To:
Josh Perry
It should be illegal to NOT provide a legal picture ID when you vote.
I am a citizen of the United States
with a legal ID and I VOTE.
I will not vote for or support any candidate for public office who does not
support the requirement for providing a legal picture ID for voting. In my opinion only anarchists would
not support this requirement.
Bill Burchard
San Antonio, Tx
TX_00003428
https: //mail.myhostedsolution .com/owa/?ae=lam&04
.Note&id=RgAAAABvUEL14w7 ...
3/9/2009
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SB 362
Pamela Kaiser [pkaiser54@yahoo.com]
Sent:
Thursday, March 05, 2009 09:27 PM
To:
Josh Perry
I
support Voter
ID Legislation.
PLEASE vote
in
favor
of
SB
362.
Pamela
Kaiser
31303
Bearing
Star
Lane
Tomball,
Texas
77375
TX_00003429
https ://mail.myhostedsolution .com/owa/?ae=IlAn&04
.Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003429
USA
00019215
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SB 362
Conner [gmconner@yahoo.com]
Sent:
Thursday, March 05, 2009 09:15 PM
To:
Josh Perry
Please fwd to Senators my support of SB 362 . We need voter ID!
GM Conner
Temple, TX
TX_00003430
https://mail.myhostedsolution .com/owa/?ae=l
& 4 -Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003430
USA
00019216
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Voter ID
]an McMullen [jaykayhansom_1999@yahoo.com]
Sent:
Thursday , March 05 , 2009 08:34 PM
To:
Josh Perry
To Whom
It
May Concern:
RR
I
do
support
the
Voter
ID
at
the
Polling
Places .
That
way
you will
find
out
if
they
are
a
citizen
and
it
will
verify who
they
really
are.
Please
show my
support.
Thank
You,
Sincerely,
Jan
K.
McMullen
TX_00003431
https ://mail.myhostedsolution .com/owa/?we=lt n
4P1
Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003431
USA
00019217
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Voter ID in Texas
Jim Webb [jim@luckyfrogfarms.com]
Sent:
Thursday, March 05, 2009 06:43 PM
To:
Josh Perry
I am a precinct Chairman and am responsible for ensuring fair elections . As a normal citizen,
I must present
positive identification to cash a check and process many normal business transactions . There is no more
important franchise that each of us has than to cast a meaningful ballot. To think that a ballot may be cast due to
voter impersonation is unconscionable . There is a strong need to validate voters to protect the sanctity of the
ballots cast by honest voters.
Please support the bill to require positive identification at the polling place.
Sincerely,
James Webb
1940 Worrell Rd
Angleton , TX 77515
jim@luckyfrogfarms.com
TX_00003432
https ://mail.myhostedsolution.com/owa/?ae=It&n
EM.Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003432
USA
00019218
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1
SB 362
Forrest [gt500kr@sabc.rr.com]
Sent:
Thursday, March 05, 2009 05:52 PM
To:
Josh Perry
To Whom It May Concern,
I am in support of SB 362. We have to show ID for so many things less important than voting and
i do not understand why an ID is not required of someone to register as well as vote.
Thank you for your time,
Forrest Byas
1226 Phantom Valley
San Antonio , Tx 78232
210-496-2193
TX_00003433
https: //mail.myhostedsolution .com/owa/?ae=ItWi4d$409INote&id=RgAAAA]BvUEL14w7...
3/9/2009
TX_00003433
USA
00019219
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Wrig&]RET9.g4TAtiW00T1
F
Id
ST-RLW
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1
Written Testimony - Texas SB 362
Dave [djordan9@hot.rr.com]
sent:
Thursday, March 05, 2009 05:50 PM
To:
Josh Perry
Impedance:
High
_____
I strongly support the concept of requiring proper identification to vote in the State of Texas.
Any citizen should be proud to provide identification to prove his or her eligibility to exercise their constitutional right (as a citizen ) to cast a ballot .
Providing identification IS
NOT an infringement of our rights ; rather ,
it is a prtviledge to show that as a citizen we are proudly carrying out our civic duty and voting our mind.
Our representatives are chosen (elected ) by our ballots and these should not be cast without due consideration .
I feel that the process of requiring proper identification is the
best way to ensure that our election process is handld fairly .
I also feel that we should provide proper identification to register to vote!
Thank you for allowing me to present my thoughts on this very important matter.
vr,
David F.
Jordan
4013 Deer
Trail
Temple, Texas
76504
254 773-2095
djordan9@hot,rrcom
TX_00003434
https ://mail.myhostedsolution .com/owa/?ae=ltbin&)64BSBNote&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003434
USA
00019220
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Sup^fflerx
Support ID Voting
Matti Anglin [manglins@comcast.net]
Sent:
Friday, March 06, 2009 11:06 AM
To:
Josh Perry
I live in Galveston County. Here , we always have been asked to show proper photo ID to vote .
It only makes
common sense .
I have witnessed people attempting to vote that have nothing to show they are who they claim to
be, and they were just claiming .
It was a daughter attempting to vote as her mother. We must support ID voting.
Thank You, Martha Anglin
TX_00003435
https ://mail.myhostedsolution .com/owa/?ae=RAuAW.Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003435
USA
00019221
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SB 362
David & Angela Cranek [texas87@earthlink.net]
Sent:
Friday, March 06, 2009 11:02 AM
To:
Josh Perry
I cannot urge you enough to support SB 362! After all the voter fraud our last national election was filled with
why wouldn 't anyone in their right mind support voter IN
This will benefit all voters from all parties ! Playing politics to kill this legislation can only benefit those who
would cheat in an election by attempting to use fraudulent voters!
Please , please do not let this legislation fail!
"The democracy will cease to exist when you take away from
those who are willing to work and give to those who would not."
Thomas Jefferson
TX_00003436
https ://mail.myhostedsolution .com/owa/?ae=l#6n4l
.Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003436
USA
00019222
Case 2:13-cv-00193 Document 662-3 Filed on 11/11/14 in TXSD Page 82 of 93
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SB 362
mafox2@aol.com [mafox2@aol.com]
Sent:
Friday, March 06 , 2009 01:50 PM
To:
Josh Perry
I am "in favor" of SB 362. We must have voter ID.
Mary Arnold Fox
Worried about job security? Check out the . 5 safestjobs _in a recession.
TX 00003437
https://mail.myhostedsolution .com/owa/?ae=ljgn
44 .Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003437
USA
00019223
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HB 262
JOHN WATKINS III [johnwatkinsiii@sbcglobal.net]
Sent:
Sunday, March 08, 2009 10:20 AM
To:
Josh Perry
Please,
ID me as someone who wishes to speak.
I am the North Texas Director of the
Minutemen Civil Defense Corps (the nations largest neighborhood watch organization).
I
have personally sat watch on the Rio Grand/Rio Bravo and viewed "Zetas" preparing for
smuggling movements.
John E Watkins
MCDC Texas Chapter Director
(Chief Petty Officer USN/USNR-1963-1974)
TX 00003438
https ://mail.myhostedsolution .com/owa/?aeJ n4
l.Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003438
USA
00019224
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Derek Ryan
From :
Joaquin Garcia [Joaquin.garcia@co.hidalgo.tx.us]
Sent :
Wednesday, March 04, 2009 10:32 AM
To:
Derek Ryan
Subject :
Hidalgo County Information Request
Attachments : image001.png
Dear Mr. Ryan
Inn reference to the letter requesting information we charge 17.50. If you should need any other information
please feel free to contact me at 956 - 318 - 2570 or email me back.
Joaquin R. Garcia
Street Indexing Specialist
Hidalgo County Elections Department
(956) 318 - 2570 Ext. 2702
3/9/2009
TX_00003439
JA 004343
TX_00003439
USA
00019225
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VOTER ID
BOukes@aol.com [BC]ukes@aol.com]
Sent:
Friday, March 06, 2009 10:10 AM
To:
Josh Perry
PLEASE ACCEPT MY RESPONSE TO VOTER ID.
I
PROVE THEY ARE ELIGIBLE TO VOT.
AM VERY MUCH IN FAVOR OF HAVING A PERSON
AND... FOR MANY OTHER THINGS.
BETTY C. JUKES
187 DOVE HOLLOW TRAIL
GEORGETOWN, TEXAS 78633
BCJUKES@AOL.COM
512, 930-1107
Need a job? Find employm ent help in your area.
TX_00003440
https: //mail.myhostedsolution .com/owa/?ae=l
k
.Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003440
USA
00019226
Case 2:13-cv-00193 Document 662-3 Filed on 11/11/14 in TXSD Page 86 of 93
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4
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welessmannlins@netzero.net [welessmannlins@netzero.net]
Sent
Friday, March 06, 2009 08:33 AM
To:
Josh Perry
9W
We need the
ID bill
to
assure
one
vote
per
one person
of
all
who
are
entitled
to
vote
in
all
elections.
Thanks
Wayne
Lessmann
Bellville
TX
77418
Click now
to
find great
remedies
for hangovers!
http://thirdpartyoffers.netzero.net/TGL2231/fclBLSrjr,::WYu12fVn^:rz6Q4QbgsEGj17TE4kE6cxOnkO fHYrGlfuRFgluh%ns
TX_00003441
https: //mail.myhostedsolution .com/owa/?ae=It th
.Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003441
USA
00019227
Case 2:13-cv-00193 Document 662-3 Filed on 11/11/14 in TXSD Page 87 of 93
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Monday , March 9, 2009 12:33 PM
Subject: BOTER ID
Date : Wednesday, March 4, 2009 7:59 PM
From: TOM STAUDER <t.sta uder@worldnet .att. net>
To: Eric Opiela <eopiela@texasgop.org>
ERIC, VOTER ID SHOULD BE THE NATIONAL REQUIREMENT, ESPECIALLY IN
TEXAS. ANY DEMOCRAT WHO WOULD DISAGREE MUST BE THINKING THEY
WANT TO GAME THE PROCESS. A TDL OR A PICTURE TAKEN AT ANY DPS
OFFICE COULD PROVIDE ID FOR EVERY LEGAL VOTER. WE DON'T NEED TO BE
LIKE ILLINOIS WHERE CHEATING IS THE ORDER OF THE DAY. TOM STAUDER,
DONLEY COUNTY, CLARENDON TEXAS.
Page 1 of 1
TX_00003442
JA 004346
TX_00003442
USA
00019228
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VOTER ID
john jarvis (johnjarvis@att.net]
Sent:
Friday, March 06 , 2009 04:55 PM
To:
Josh Perry
AS A FORMER ELECTION JUDGE IN GUADA;UPE COUNTY
FOR MAMY=MANY YEARS I HAVE SEEN AND DELT WITH
EVERY TRICK IN THE BOOK -
NOT ENOUGH SPACE TO
LIST HERE BUT IF YOU NAME IT IVE SEEN IT WE NEED
VOTER ID TO PROTECT THE LIGIMITE VOTERS NOTHING
ELSE WILL STOP THE FRAUDS !!!!I!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
JOHN JARVIS PRECINCT 302R CIBOLO TEXAS !!!!!!!!!!!!!!!!
A afIof3l
TX_00003443
https: //mail.myhostedsolution .com/owa/?ae=lmI.Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003443
USA
00019229
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se 1:12-cv-00128-RMC-DST-RLW
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gO
l
sb362
gvecchio [gvecchio@lscom.net]
Sent:
Friday, March 06, 2009 05:38 PM
To:
Josh Perry
I support SB362
Thank you,
Glenn Vecchio
TX_00003444
https://mail.myhostedsolution .com/owa/?ae&^$1M.Note&id=RgAAAABvUEL14w7...
3/9/2009
TX_00003444
USA_00019230
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identification
TOM POWELL [tomandjohnnie@sbcglobal.net]
Sent:
Saturday, March 07, 2009 08:29 AM
To:
Josh Perry
I was an election judge for the Nov. election.
I believe sb 362 to require personal id to vote is essential
for honest elections. Licenses were very helpful in many cases. Many people asked why we were not
requiring id before we could vote. Please make our elections as honest as possible by passing this bill.
Thank You, Mrs. Tom Powell (Johnnie)
Blessed&Cherished
by God's
grace.
Johnnie Powell
^TgX_00003445
tcmkt4-qO Vl.Note&id=RgAAAABvUELl4w7...
3/9/2009
^,,+„^•uw,a;^ mvhnctPrlcnhitinn _cnm/owa/?a7
TX_00003445
USA
00019231
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pro o Id'6efore 0
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proof of id before you vote
Dana Johnson [danarechelle@hotmail.com]
Senn
Saturday, March 07, 2009 08:34 AM
To:
Josh Perry
In Texas you must carry proof of Identy so what is so wrong with proving who you are to vote . To allow
people to vote without ID should be illegal . That is how we got Obama, through voter fraud.When I
went to vote I had my TDL on hand and would have been happy to prove who I was.
Thank You,
Texas regitstered voter and carrier of my validTexas Drivers License
Windows LiveTM Groups: Create an online spot for your favorite groups to meet . Check it out.
TX_00003446
htt„c•//mail mvhn-,tedsolution .com/owa/?ae--4&W
3/9/2009
TX_00003446
USA
00019232
Case 2:13-cv-00193 Document 662-3 Filed on 11/11/14 in TXSD Page 92 of 93
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Dorothy Leavitt [d.leavitt@sbcglobal.net]
Sent:
Saturday, March 07, 2009 03:05 PM
To:
Josh Perry
I support SB 362.
I sincerely believe that it would help stem voter fraud and make for much cleaner
elections.
Dorothy Leavitt
Registered voter in Brewster County and a resident of Alpine.
TX 00003447
httnc- //mail_mvhnstedsolution .com/owa/?ae=i^emWit4--
LNote&id=RaAAAABvUEL14w7...
3/9/2009
TX_00003447
USA_00019233
Case 2:13-cv-00193 Document 662-3 Filed on 11/11/14 in TXSD Page 93 of 93File and source
- File
- gov.uscourts.txsd.1093782.662.3.pdf
- Size
- 4,750,283 bytes
- SHA-256
- a45dd78a83ee20ffdcf7f49015e2cae07066518eed5f39bc4a3d97b24c4e9bc1
- Original
- www.courtlistener.com