Thursday, October 16, 2014

Fifth Circuit OKs Texas Voter ID

The Fifth Circuit this week stayed an earlier district court judgment and injunction against Texas's voter ID law, SB 14. Unless the Supreme Court steps in, this means that SB 14 will apply to November's elections.

The Fifth Circuit action is not a ruling on the merits, however. Instead, it preserves the status quo under SB 14, pending appeal of the district court judgment to the Fifth Circuit.

The court said that changing the rules so close to the election risks too much confusion: "The judgment below substantially disturbs the election process of the State of Texas just nine days before early voting begins. Thus, the value of preserving the status quo here is much higher than in most other contexts." (Early voting starts on Monday in Texas.)

The case is now before the Supreme Court, where the government and others have filed emergency applications to vacate the Fifth Circuit's stay.

This is just the latest of four cases challenging state elections laws that has gone to the Supreme Court this fall, just before the elections, all on emergency applications related to lower court injunctions, and not on the merits. The Court halted Wisconsin's voter ID law; it allowed restrictions on early voting in Ohio; and it allowed restrictions on same-day voter registration and voting in the wrong precinct in North Carolina.

https://lawprofessors.typepad.com/conlaw/2014/10/fifth-circuit-oks-texas-voter-id.html

Cases and Case Materials, Elections and Voting, News | Permalink

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