Veasey v. Abbott (Texas Voter ID)

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Summary

Veasey v. Abbott, No. 14-41127 (5th Cir. 2016), currently before an en banc panel of the U.S. Court of Appeals for the Fifth Circuit, concerns a challenge to Texas Senate Bill 14 (“SB 14”), the Texas voter ID law. SB 14 requires all Texan voters to show one of six forms of photo ID in order to vote, places strict limitations on who is exempt, and requires voters to disclose personal information to obtain a free voter ID.

Plaintiffs and Interveners representing a wide variety of interests brought four separate lawsuits challenging the law as an unconstitutional burden on the right to vote, a violation of the Voting Rights Act’s prohibition on laws with discriminatory purpose or effect, and an unconstitutional poll tax. The lower court found in favor of the Plaintiffs on all four claims, and Texas appealed. A Fifth Circuit panel opinion vacated and remanded the lower court’s conclusion that the Texas Legislature enacted SB 14 with discriminatory purpose, affirmed the lower court’s holding that SB 14 has a discriminatory effect, vacated the lower court’s conclusion that SB 14 constituted a poll tax and rendered judgment in favor of Texas, and dismissed the plaintiff’s unconstitutional burden claims under constitutional avoidance. The Fifth Circuit then granted en banc rehearing.

Top News

• Senators Back Bill to Promote Vote-by-Mail: Senators Amy Klobuchar and Senator Ron Wyden have introduced the "Natural Disaster and Emergency Ballot Act of 2020," which would expand early in-person voting and no-excuse absentee vote-by-mail to all states. Twenty-six Senators have co-sponsored S. 3529. Senator Klobuchar said, "we should act swiftly to pass my legislation to ensure that every American has a safe way to participate in our democracy during a national emergency." According to the National Conference on State Legislatures, five states currently conduct all elections entirely by mail, and at least 21 other states have laws that permit some elections to be conducted by mail. EPIC has a long history of working to protect voter privacy and election integrity. In 2016 EPIC published The Secret Ballot at Risk: Recommendations for Protecting Democracy, a report highlighting the right to a secret ballot and how Internet voting threatens voter privacy. (Mar. 23, 2020)
• Voter Privacy Act Would Limit Targeting: Senator Dianne Feinstein (D-CA) has introduced the Voter Privacy Act, S. 2398, a bill to ensure privacy with respect to voter information. The Act would give voters basic rights regarding their personal data: right of access, right of notice, right of deletion, right to prohibit transfer, and the right to prohibit targeting. The Federal Election Commission would oversee enforcement of the Act. “Political candidates and campaigns shouldn’t be able to use private data to manipulate and mislead voters. This bill would help put an end to such actions,” Senator Feinstein said. The bill cites EPIC Advisory Board members Julie E. Cohen's forthcoming publication “Between Truth and Power,” quoting "today's networked information flows are optimized to produce what social psychologist Shoshana Zuboffcalls instrumentarian power: They employ a radical behaviorist approach to human psychology to mobilize and reinforce patterns of motivation, cognition, and behavior that operate on automatic, near-instinctual levels and that may be manipulated instrumentally.” The Voter Privacy Act was referred to the Senate Rules Committee. (Aug. 1, 2019)

More top news

House Passes Election Security and Paper Ballot Bill + (Jun. 28, 2019)

The House of Representatives has passed the SAFE Act, an election security bill establishing cybersecurity safeguards for election equipment, prohibiting wireless modems in voting machines, and requiring paper ballots. The bill would also provide for grants to states that perform risk-limiting audits. EPIC, along with the U.S. Technology Policy Committee of the Association for Computing Machinery, recently filed comments to the Election Assistance Commission. The groups urged the Commission to ban internet-connected voting machinery, citing the risks to voting integrity and democratic institutions. "The EAC should ban the use of internet-connected voting machines and protect ballot secrecy," EPIC and USTPC said. EPIC has a long history of working to protect voter privacy and election integrity.

EPIC Files Suit to Block Census Citizenship Question + (Nov. 20, 2018)

EPIC has filed a lawsuit to block the addition of a citizenship question to the 2020 Census. EPIC charged that the Census Bureau failed to complete multiple Privacy Impact Assessments, as required by law. The Bureau abruptly added the citizenship question earlier this year but did not assess the privacy impact on census respondents, who are legally obligated to answer all questions. As EPIC's lawsuit reveals, the Bureau recently indicated—for the first time—that personal data provided to the Census Bureau could be used "for criminal law enforcement activities." The Bureau's admission raises new questions about whether citizenship information will be transmitted to the Department of Justice. EPIC has filed numerous successful lawsuits seeking to enforce federal agencies' obligation to publish Privacy Impact Assessments. Earlier this year, the Presidential Advisory Commission on Election Integrity was shut down after EPIC filed a lawsuit to block the collection of state voter data and challenging the Commission's failure to complete a Privacy Impact Assessment.

National Academies Releases Report on Voting Security and American Democracy + (Sep. 6, 2018)

The National Academies of Sciences has released a report "Securing the Vote: Protecting American Democracy," highlighting vulnerabilities in current voting technology. EPIC Advisory Board member Ronald Rivest served on the expert committee. The Academies report includes many recommendations "designed to harden our election infrastructure and safeguard its integrity and credibility," concerning voter registration, ballot design, voting technology, system certification, cybersecurity, online voting, and auditing. The Academies report recommends end-to-end verifiable systems to ensure that votes have been counted as intended. These systems use cryptographic methods developed by EPIC Advisory Board member David Chaum. In 2016, EPIC published "The Secret Ballot at Risk: Recommendations for Protecting Democracy," highlighting the importance of the secret ballot for American democracy. The Academies report noted that new strategies for election security "must still preserve the secret ballot."

Court Orders Defunct Presidential Election Commission to Release Records + (Jun. 28, 2018)

A federal court in Washington, DC has ruled that the Presidential Election Commission must release a large volume of records detailing its activities from last year. The ruling, in a case brought by Maine Secretary of State and EPIC Champion of Freedom Matthew Dunlap, requires the Commission to disclose all "relevant documents that any of the former commissioners generated or received." After the court ordered the Commission to release the same records in December, the President abruptly disbanded the Commission. EPIC brought the lead case against the Commission, forcing it to suspend the collection of voter data, discontinue the use of an unsafe computer server, and delete the voter information that was unlawfully obtained. EPIC is continuing to pursue its case on appeal and will ask the Supreme Court to grant review.

EPIC FOIA: DHS Collaborated With Presidential Election Commission on Voter Data Collection + (May. 31, 2018)

EPIC has obtained records under the Freedom of Information Act showing that the Department of Homeland Security communicated frequently with the Presidential Election Commission after EPIC filed a lawsuit to block the Commission's efforts to obtain state voter data. The documents show that DHS officials had numerous communications with Commission staff beginning in June 2017. The records obtained by EPIC also reveal that Kirstjen Nielsen, now the DHS Secretary, worried that the Commission's voter data grab would "disrupt critical efforts DHS is leading to work with state and local officials" on election cybersecurity. After EPIC brought suit in July, the Commission suspended the data collection program, discontinued the use of an unsafe computer server, and deleted voter information that was illegally obtained. The Commission was ultimately shut down in January 2018.

EPIC Warns of Privacy Act Obligations for Potential Federal Database of Food Aid Recipients + (May. 8, 2018)

In advance of a hearing on "Program Integrity for the Supplemental Nutrition Assistance Program," EPIC has sent a statement to the House Oversight Committee. A provision of the Agriculture and Nutrition Act of 2018 would establish a federal database of Supplemental Nutrition Assistance Program recipients for the purpose of denying food assistance. The SNAP program provides assistance to low-income households and is administered by the states. However, Section 4001 would create a federal database with personal data, such as social security numbers, employment status, and income amounts, with the aim of denying food assistance. EPIC warned that if Congress decides to create this federal database, then the Department of Agriculture will be subject to Privacy Act obligations, including potential liability for the data breaches that may result. Last year, EPIC successfully challenged the efforts of a federal commission to establish a national voter database, noting that voting is a state function.

D.C. Circuit Won't Fix Deeply Flawed Ruling in EPIC’s Case Against Presidential Election Commission + (Apr. 2, 2018)

The D.C. Circuit Court of Appeals has refused to void an earlier ruling in EPIC's case to halt the collection of state voter data by the Presidential Election Commission. Although the Commission was disbanded in January, last year's decision by a three-judge panel of the D.C. Circuit remains on the books. The panel wrongly held that EPIC, a privacy and open government organization, did not have standing to challenge the Commission's failure to conduct and publish a privacy impact assessment required by law. EPIC asked the full D.C. Circuit to take the rare step of revisiting the panel's decision, but the court declined. EPIC's lawsuit previously led the Commission to suspend the collection of voter data, discontinue the use of an unsafe computer server, delete the voter information that was unlawfully obtained. Many states and over 150 members of Congress opposed the Commission's efforts to collect state voter data. EPIC will continue to pursue the case, which is eligible for appeal to the U.S. Supreme Court. The case is EPIC v. Commission, No. 17-1320 (D.D.C.) & 17-5171 (D.C. Cir.).

EPIC, Coalition Call On Facebook to Stop Electioneering + (Mar. 28, 2018)

EPIC joined Consumer Watchdog and a coalition of consumer organizations to urge Facebook to cease all campaign contributions and electioneering activity. The groups also recommended that Facebook retain Jimmy Carter and the Carter Center to audit Facebook's use of personal information for election advertisements. Last week, EPIC and a coalition of consumer groups called on the Federal Trade Commission to investigate Facebook. EPIC has also urged the Federal Election Commission to provide transparency for online political ads. EPIC is fully engaged in protecting the integrity of elections with its Project on Democracy and Cybersecurity.

DHS Secretary: No New Work on Voter Fraud + (Jan. 16, 2018)

At a Senate hearing today, DHS Secretary Kristjen Nielsen stated that DHS would not undertake a new investigation of voter fraud. EPIC submitted a statement in advance of the hearing, asking Senators to seek assurances that DHS would not pursue the work of the recently disbanded Presidential Advisory Commission on Election Integrity, as former Vice Chair Kris Kobach had suggested. In response to a question from Senator Kamala Harris, Nielsen answered that Kobach does not have any role at DHS. Although Nielsen stated that DHS would not pursue any new work, she indicated that the agency would continue to work with states pursuing voter fraud investigations. EPIC recently filed a FOIA lawsuit against DHS seeking communications with the Commission regarding the transfer of personal voter data. The Commission, facing a lawsuit by EPIC, was terminated earlier this month. EPIC's lawsuit led the Commission last year to suspend the collection of voter data.

EPIC Urges Senate to Seek Assurances from DHS on Privacy of Voter Data + (Jan. 15, 2018)

EPIC sent a statement to the Senate Judiciary Committee in advance of a DHS Oversight Hearing, to seek assurances that "the DHS will not continue the activities of the Presidential Advisory Commission on Election Integrity." After the Commission was disbanded in the wake of EPIC’s lawsuit, the former Vice Chair told reporters that he intended to continue the work of the Commission at the DHS. But EPIC told the Senate committee that the Commission has no authority to transfer the voter data and warned that the DHS would be subject to federal lawsuits if it assembled a database of voter information. EPIC also urged the Senate to confirm that the personal data provided by DACA applicants will not be misused by DHS, and that DHS biometric programs will not be expanded until transparency obligations are fulfilled and privacy safeguards are established. The EPIC letter follows a statement last week from civil rights and government oversight organizations to the DHS Secretary, seeking assurance that there will be no transfer or collection of state voter data.

EPIC Moves to Vacate Circuit Court Opinion Following End of Voting Commission + (Jan. 11, 2018)

EPIC has asked the D.C. Circuit Court of Appeals to void last month's ruling in which the Court refused to order the Presidential Election Commission to conduct a Privacy Impact Assessment. The Commission, which unlawfully sought to collect state voter data on hundreds of millions of Americans, was disbanded last week by President Trump. The Commission's sudden demise unfairly prevents EPIC from appealing the Court's legal reasoning because there is no "live" dispute left for a higher court to consider. EPIC's lawsuit led the Commission to suspend the collection of voter data last year, discontinue the use of an unsafe computer server, and delete voter information that was unlawfully obtained. EPIC's case against the Commission is EPIC v. Commission, No. 17-1320 (D.D.C.) & 17-5171 (D.C. Cir.). EPIC filed a separate lawsuit on Monday for communications between the Department of Homeland Security and the Commission regarding the transfer of personal voter data.

EPIC Sues DHS about Election Commission and Transfer of Voter Data + (Jan. 9, 2018)

EPIC has filed a lawsuit against the Department of Homeland Security for communications between the agency and the Presidential Commission on Elections regarding the transfer of personal voter data. EPIC filed a Freedom of Information Act request with the DHS after the Commission tried to collect records from federal agencies to match against state voter records, but the agency failed to respond to EPIC's request. Last year, EPIC filed a lawsuit against the Commission that led to the suspension of the collection of voter data. EPIC v. Commission is still pending in federal court. EPIC filed the recent suit after President Trump said he asked DHS "to determine the next course of action" after he dissolved the Commission.

EPIC, Coalition Urge DHS Secretary to Block Collection of State Voter Data + (Jan. 8, 2018)

EPIC and ten civil rights and government oversight organizations have sent a letter to DHS Secretary Nielsen, urging her not to accept any personal data from the now defunct Presidential Advisory Commission on Election Integrity. The groups explained that the Commission lacks legal authority to transfer personal data to the Commission. The groups also warned that the DHS would be subject to numerous federal laws if it were to acquire state voter data. EPIC and the organizations brought several lawsuits against the Commission. EPIC's lawsuit led the Commission to suspend the collection of voter data in July 2017. President trump disbanded the Commission on January 3, 2018. However, former Vice Chair Kris Kobach told reporters that he intends to resume the work of the Commission at the Department of Homeland Security.

EPIC Urges House Judiciary to Examine FBI Response to Russian Cyber Attacks + (Dec. 12, 2017)

EPIC has sent a statement to the House Judiciary Committee ahead of Wednesday's DOJ Oversight hearing. EPIC urged the Committee to question Deputy Attorney General Rosenstein about the FBI's ability to respond to future cyberattacks concerning the 2018 elections. A recent Associated Press investigation found that the FBI, the lead agency for cyber response, did not notify U.S. officials that their email accounts were compromised during the 2016 election. According to documents obtained by EPIC, the FBI is to notify victims of cyberattacks "even when it may interfere with another investigation or (intelligence) operation." EPIC obtained the FBI's Victim Notification Procedures through a Freedom of Information Act lawsuit, EPIC v. FBI, filed earlier this year. EPIC is currently pursuing several related FOIA cases about Russian interference in the 2016 Presidential election, including EPIC v. ODNI (Russian hacking), EPIC v. IRS (Release of Trump Tax Returns), and EPIC v. DHS (election cybersecurity).

Presidential Election Commission Suspends Activities? + (Dec. 7, 2017)

The Presidential Election Commission is ignoring inquiries from state election officials about the transfer of sensitive voter data sought by the Commission, according to the New Hampshire Union-Leader. The Commission previously promised—in a filing from an EPIC lawsuit—that it would tell states how to “securely” submit voter data. But New Hampshire election officials say they have been unable to reach the Commission or obtain instructions for over a month. Other posts at the Commission website suggests the agency is no longer responding to email. EPIC filed suit in July to halt the Commission’s collection of state voter data and to compel the Commission to conduct a Privacy Impact Assessment required by law. EPIC’s initial filing led the Commission to suspend the collection of voter data, discontinue the use of an unsafe computer server, and delete the voter information that was unlawfully obtained. Many states and over 150 members of Congress have opposed the Commission’s efforts to collect state voter data. EPIC’s case is EPIC v. Commission, No. 17-1320 (D.D.C.) & 17-5171 (D.C. Cir.).

Live Audio: D.C. Circuit Hears Arguments in EPIC Voter Privacy Case Concerning Presidential Commission + (Nov. 21, 2017)

The U.S. Court of Appeals for the D.C. Circuit hears arguments today in EPIC’s case against the Presidential Election Commission concerning the unlawful collection of state voter data. Live audio of the arguments will be streamed from this link beginning at 9:30 a.m. ET. EPIC filed suit to halt the Commission’s collection of state voter data and to compel the Commission to conduct a Privacy Impact Assessment required by law. EPIC’s initial filing led the Commission to suspend the collection of voter data, discontinue the use of an unsafe computer server, and delete the state voter data that was unlawfully obtained. Many states have opposed the Commission’s efforts to obtain state voter data. More than 150 members of Congress have urged the Commission to end the collection of voter data. The Government Accountability Office has opened an investigation to determine whether the Commission has engaged in unlawful action. And one Member of the Commission recently filed suit against the Commission. EPIC’s case is EPIC v. Commission, No. 17-1320 (D.D.C.) & 17-5171 (D.C. Cir.).

EPIC Urges Congress, GSA to Suspend Collection of State Voter Data + (Oct. 19, 2017)

In a letter to a Senate oversight committee, EPIC urged Congress and the incoming Administrator of the General Services Administration to block the Presidential Election Commission from collecting state voter data. As EPIC recently explained in a case before a federal judge in Washington, DC, the Commission is part of the GSA and must comply with that agency’s requirement to conduct a Privacy Impact Assessment prior to the collection of personal data. In the letter to the Senate Committee, EPIC wrote that "the very last thing that the Senate Committee or the incoming GSA Administrator should tolerate is a federal entity that seeks to avoid legal obligations to protect the privacy of Americans." The Commission was previously forced to suspend the collection of voter data in response to EPIC's lawsuit, but it later resumed that process. EPIC's case is EPIC v. Commission, No. 17-1320 (D.D.C.), and the related appeal is EPIC v. Commission, No. 17-5171 (D.C. Cir.). The argument before the D.C. Circuit Court of Appeals is scheduled for November 21, 2017.

Scrutiny of Presidential Election Commission Grows + (Oct. 18, 2017)

The Presidential Election Commission is coming under increasing scrutiny from lawmakers and even its own members. On Tuesday, Commissioner Matthew Dunlap charged that the Commission had given him "utterly no information" about the Commission's activities. Dunlap involved the public records statute to demand documents about the Commission he sits on. Members of the Senate Judiciary Committee are also demanding records from the Department of Justice about the Department's possibly unlawful coordination with the Commission. Questions have also been raised about the Commission's hiring practices. The Commission was previously forced to suspend the collection of voter data in response to EPIC's lawsuit, but it recently resumed that process. EPIC has urged state election officials not to release any voter information until the Commission conducts a Privacy Impact Assessment. EPIC's case is EPIC v. Commission, No. 17-1320 (D.D.C.), and the related appeal is EPIC v. Commission, No. 17-5171 (D.C. Cir.). The argument before the D.C. Circuit Court of Appeals is scheduled for November 21, 2017.

Court Rules New York "Ballot Selfie" Ban is Constitutional + (Sep. 29, 2017)

A federal court has ruled that a New York state ban on the posting of "ballot selfies" is constitutional. "New York has a compelling interest in preventing vote buying and voter coercion," the court wrote. "The State's interest in the integrity of its elections is paramount." Ballot selfies allow campaigns, employers, unions, and others to find out how an individual voted. But as EPIC explained in "The Secret Ballot At Risk: Recommendations for Protecting Democracy," the secret ballot—the inability to link particular voters to particular votes—is a cornerstone of modern democracies. The secret ballot reduces the threat of coercion, vote buying and selling, and tampering. EPIC has a long history of working to protect voter privacy and election integrity. In a 2010 Supreme Court case, EPIC argued that disregard for voter privacy may unconstitutionally burden the right to vote.

Voting System Guidelines Under Review, Secret Ballot at Risk + (Sep. 12, 2017)

The Election Assistance Commission technical committee is meeting today to review standards for voting equipment. Some members of theTechnical Guidelines Development Committee have raised questions about the value of the secret ballot. Last year, EPIC, Verified Voting, and Common Cause explained in "The Secret Ballot At Risk: Recommendations for Protecting Democracy" that the secret ballot — the inability to link particular voters to particular votes — is a cornerstone of modern democracies. Most states (44) have constitutional provisions guaranteeing secrecy in voting. The secret ballot also reduces the threat of coercion, vote buying and selling, and tampering. EPIC has a long history of working to protect voter privacy and election integrity. In a 2010 Supreme Court case, EPIC argued that disregard for voter privacy may unconstitutionally burden the right to vote. Also today, MIT Professor Ronald Rivest spoke in support of ballot secrecy and election integrity at a meeting of the Presidential Commission on Election Integrity.

EPIC Backs Public Comments to End Commission's Collection of Voter Data + (Sep. 6, 2017)

The Presidential Election Commission is seeking public comments in advance of the Commission's September 12 meeting. EPIC encourages commenters to tell the Commission to end the collection of state voter data. "The Commission's actions have placed the privacy of voters at risk and undermined confidence in the integrity of voting in the United State," said EPIC. As EPIC has explained, the Commission failed to complete a required Privacy Impact Assessment and is violating the constitutional right to information privacy. The Commission was forced to suspend the data collection plan in response to EPIC's lawsuit, but it recently resumed activities. EPIC, and many other organizations, continue to contest the legality of the Commission's actions. Public comments, which are due by Friday, September 8 at 5 p.m., may be submitted at this link.

EPIC Opposes Commission's Renewed Request for Voter Data + (Jul. 27, 2017)

EPIC has sent an Advisory to state election officials, urging opposition to the renewed request for state voter data. The EPIC Advisory follows a letter from the Presidential Election Commission to state election officials. Following EPIC’s lawsuit, seeking a temporary restraining order, the Commission suspended collection of the data. The court ruled on the TRO motion, which EPIC has now appealed. The recent letter falsely claims that the Commission is only seeking “publicly available information.” In fact, the Commission’s June 28 letter called for the release of social security numbers, criminal records, military statuses, and other personal information protected by state laws. California Secretary of State Alex Padilla, and many state election officials, have reaffirmed their opposition to the Commission's effort to gather state voter data.

EPIC Appeals Decision in Voter Data Case + (Jul. 25, 2017)

EPIC has appealed the decision of a federal district court which declined to block the collection of sensitive voter data by the Presidential Election Commission. EPIC had argued that the Commission failed to complete a Privacy Impact Assessment before collecting voter data and violated the constitutional right to information privacy. Though the district court agreed that EPIC had standing to bring the lawsuit, the court concluded that it couldn't halt the data collection because, according to the court's opinion, the Commission is exempt from the obligation to undertake a privacy assessment. EPIC's case, which led the Commission to suspend the collection of voter data two weeks ago, will now be reviewed on an expedited basis by the U.S. Court of Appeals for the District of Columbia. "Absent expedited review," EPIC warned, "the Commission will be allowed to systematically amass the sensitive, personal information of the nation's voters without establishing any procedures to protect voter privacy or the security and integrity of the data." The case is EPIC v. Commission, No. 17-1320 (D.D.C. filed July 3, 2017).

Civil Rights, Voting Rights Groups File Suits to Block Release of Voter Data + (Jul. 21, 2017)

The Texas NAACP and the League of Women Voters of Texas have filed suit against state election officials to prevent the transfer of personal voter data to the Presidential Election Commission. "The information sought by the Commission is not widely available in Texas, but instead may be released only under certain circumstances and conditions imposed by Texas's voting laws," the complaint reads. The suit notes that the state's disclosure of election records to the Commission, "even if cabined to information generally available to candidates or other organizations who are entitled to request voter information under Texas law, would undermine, and run afoul of, the State's carefully-crafted regulation of the use of voter data." The Texas case joins at least two other lawsuits—one in Florida and one in New Hampshire—seeking to block state officials from providing voter data to the Election Commission. In Washington DC, EPIC has filed suit against the Commission and is urging a federal court to issue a preliminary injunction. The Commission suspended the collection of personal voter data last week in response to EPIC's lawsuit. The Court is expected to rule on EPIC's motion shortly. The case is EPIC v. Commission, No. 17-1320 (D.D.C. filed July 3, 2017).

70 Members of Congress Oppose Election Commission's Request for State Data + (Jul. 19, 2017)

A group of more than 70 U.S. Representatives sent a letter to the Presidential Election Commission on Tuesday urging the Commission to "immediately" withdraw a nationwide request for state voter data. "The federal government has an obligation to protect the personally identifiable information of the American people," the letter reads. "We believe your June 28 request to the States would do the opposite by ignoring the critical need for robust security protocols when transmitting and storing sensitive personally identifiable information and by centralizing it in one place." As the letter notes, the Commission suspended the collection of personal voter data last week in response to EPIC's lawsuit. EPIC has asked a federal court in Washington, DC to issue an injunction against the Commission and indefinitely block the transfer of election records. The case is EPIC v. Commission, No. 17-1320 (D.D.C. filed July 3, 2017).

EPIC Launches "51 Reasons - Protect Voter Data" + (Jul. 17, 2017)

EPIC has established a new web site in response to the request from the Presidential Commission on Election Integrity for state voter records. "51 Reasons to End the Collection of State Voter Records by the Presidential Election Commission" includes comments from state election officials, specialists in election integrity, news organizations, voters, and public officials across the country, who have described the Commission's plan as "unlawful," "politicized," "unprecedented," "naive," "crazy," "ill-conceived," "poorly executed," "outrageous," and "a breach of trust with voters." In EPIC v. Commission, EPIC is seeking to end the Commission's collection of personal data of registered voters.

In Voter Privacy Case, EPIC Files Amended Motion, Seeks to End Collection of Records by Presidential Commission + (Jul. 13, 2017)

In a motion filed today, EPIC urged a federal court to issue a preliminary injunction to block the collection of state voter records by the Presidential Election Commission. The Commission suspended collection of personal voter data earlier this week in response to EPIC's lawsuit. But as EPIC told the court, "the threat to voter privacy and democratic institutions remains. The Commission intends to move forward, pending this Court's determination. It has established a new server within the White House to receive the voter data. It has advised state election officials that further communications regarding this undertaking are forthcoming." A response from the Commission is due Monday, July 17. The Commission is scheduled to hold its first public meeting on July 19, in Washington, DC. The case is EPIC v. Commission, No. 17-1320 (D.D.C. filed July 3, 2017).

EPIC Seeks Evidence of Election Commission Compliance with State Procedures + (Jul. 12, 2017)

EPIC has submitted urgent FOIA requests to the General Services Administration, the Election Commission, and the Arkansas Secretary of State for information about the State of Arkansas's production of voter data to the federal Commission. The request follows EPIC's lawsuit to block the transfer of state voter records to the Commission. In a hearing in federal court on July 7th, the Department of Justice revealed that Arkansas had transferred voter histories to the Commission, contradicting an July 5th statement by Vice Chair Kobach that no such transfers had occurred. EPIC is now seeking records of the Commission's compliance with Arkansas procedures for obtaining voter registration data, including designation of appropriate data elements, payment of fees, compliance with security requirements, and completion of necessary forms. In EPIC v. Commission, EPIC has argued that "As a matter of law, there is no 'publicly available' voter data that may be transferred to the Commission."

Senators Demand Presidential Election Commission Rescind Its Request for Voter Data + (Jul. 11, 2017)

Twenty-four Senators have sent a letter to the Presidential Election Commission demanding that the Commission abandon its attempt to collect nationwide voter data. "This request is unprecedented in scope and raises serious privacy concerns," the Senators wrote. "The requested data is highly sensitive and after recent data breaches and cyber-attacks targeting our election infrastructure, we are deeply concerned about how the Commission will maintain the security and privacy of the data." The Senators also wrote that "the Commission's lack of focus on legitimate threats, such as foreign cyber-attacks on our election infrastructure," was "troubling." In EPIC v. Commission, EPIC is seeking to block the Commission from obtaining state voter records.

EPIC Voter Privacy Case - Court Sets Briefing Schedule, Data Collection Suspended, Commission to Meet + (Jul. 11, 2017)

A federal court has ordered additional briefing in EPIC's lawsuit to block the collection of state voter records by the Presidential Election Commission. The court asked EPIC to file an amended motion by Thursday, July 13. The Commission would then respond to EPIC by Monday, July 17. A ruling will likely follow. The court noted that "no additional voter roll information will be collected until this Court issues a ruling, and that information that has already been collected will be purged." Earlier this week, the Commission suspended collection of voter data in response to EPIC's lawsuit. The Commission is scheduled to hold its first public meeting on July 19, in Washington, DC. The case is EPIC v. Commission, No. 17-1320 (D.D.C. filed July 3, 2017).

In Voter Privacy Case, EPIC Sues White House IT Director + (Jul. 11, 2017)

EPIC has sued the White House IT Director as part of EPIC's ongoing case to block the transfer of sensitive voter data to the Presidential Election Commission. The White House IT Director, as well as the Commission, are required by law to publish a Privacy Impact Assessment before collecting any personal information. As EPIC explained to the Court earlier today, "The Commission may not play 'hide the ball' with the nation's voter records. With such vast demands for personal information come commensurate responsibilities to provide security and privacy, and to comply with all legal obligations." The case is EPIC v. Commission, No. 17-1320 (D.D.C. filed July 3, 2017).

In Voter Privacy Case, EPIC Urges Court to Issue TRO + (Jul. 11, 2017)

In a court filing on Tuesday, EPIC urged a federal court to issue a temporary restraining order to block the collection of voter data by the Presidential Election Commission. "The Commission may not play 'hide the ball' with the nation's voter records," EPIC wrote. "With such vast demands for personal information come commensurate responsibilities to provide security and privacy, and to comply with all legal obligations. Surely that is fundamental for an organization charged with promoting 'election integrity.'" On Monday, the Commission suspended the collection of voter data in response to EPIC's suit. The case is EPIC v. Commission, No. 17-1320 (D.D.C. filed July 3, 2017).

Civil Rights Groups Join EPIC in Challenge to Election Commission + (Jul. 11, 2017)

Several civil rights organizations have filed lawsuits challenging the Presidential Election Commission, which EPIC sued last week. The groups include the American Civil Liberties Union, the Lawyers Committee for Civil Rights Under Law, and Public Citizen. The organizations raised several challenges similar to those in EPIC v. Commission. In response to the EPIC lawsuit, the Commission has suspended the collection of voter data from the states.

Court Sets Monday Deadline in EPIC Voter Privacy Case + (Jul. 10, 2017)

A federal court set a Monday, 4 p.m. deadline for the government to file a brief in EPIC v. Commission. The court is expected to rule shortly in EPIC's lawsuit to block the President's Election Commission from collecting state voter records from across the country. In a series of filings with the court, EPIC explained that the Commission failed to prepare a Privacy Impact Assessment as required by Federal law. EPIC also charged that the Commission's demand for detailed voter histories violated the Constitutional right to privacy. And EPIC explained that the Commission has already committed multiple egregious security blunders, including directing state election officials to send voter records to an unsecure website that is not approved for storing the public's personal data. The case is EPIC v. Commission, No. 17-1320 (D.D.C. filed July 3, 2017).

EPIC Files Response to Election Commission in Voter Privacy Case + (Jul. 6, 2017)

In a reply filed today in federal district court, EPIC charged that the President's Election Commission "has conceded the obvious: the privacy implications of this unprecedented demand for voter roll data from across the country are staggering." EPIC rebutted every point in the government's response, noting that the Commission often failed to cite any support for its extraordinary claims to gather personal data outside of federal privacy law. Members of the EPIC Advisory Board, experts in computer technology, contributed affidavits that underscored the vulnerabilities of the Commission's plan to aggregate personal voter data. EPIC also called Vice Chair Kobach's statements "alternately misleading or meritless." EPIC said the Commission's actions "places at risk the privacy interests of registered voters across the country." In EPIC v. Commission, EPIC is seeking to block the transfer of sensitive voter data to a Presidential Commission on Election Integrity. EPIC explained to the Court that it has "a clear likelihood of success on the merits."

EPIC FOIA: EPIC Seeks Details of Election Commission Demand for Voter Data + (Jul. 5, 2017)

EPIC has submitted an urgent FOIA request for details of the Election Commission's attempt to gather voter records from state election officials. The Commission requested dates of birth, party affiliation, partial SSNs, voter history, and felony convictions and military service status. EPIC wants the Commission to turn over records about compliance with the Federal Advisory Committee Act, the Privacy Act, and the E-Government Act. EPIC is also seeking communications among Commission officials as well as information about the failure to conduct a Privacy Impact Assessment. Over 40 states now partially or fully oppose the request for voter records. In a related lawsuit, EPIC v. Commission, EPIC has filed for a Temporary Restraining Order to block the Commission's efforts.

Court Rules That Texas Voter ID Law Intentionally Discriminates + (Apr. 12, 2017)

A federal district court has ruled that a Texas voter ID law violates the Voting Rights Act because the state legislature intended the law to be discriminatory. The ruling effectively halts enforcement of the law, which poses a significant threat to voter privacy and could discourage legal voters. Last summer, the Fifth Circuit Court Appeals held that the Texas law had a "discriminatory effect" on minorities' voting rights and sent the case back to the district court to reexamine whether the law was passed with “discriminatory purpose.” EPIC filed an amicus brief with the appeals court arguing that that the Texas law places an unconstitutional burden on voters' rights to informational privacy because of the excessive collection of personal data. Such bills "disenfranchise individuals who seek to protect their personal information from data breach, cybercrime, and commercial exploitation," EPIC wrote. The Supreme Court recently declined to review the Fifth Circuit’s ruling.

Secret Ballot At Risk in Colorado As Governor Considers "Ballot Selfie" Bill + (Mar. 16, 2017)

The Colorado General Assembly recently passed a bill that allows "ballot selfies," threatening voter privacy. Ballot selfies allow campaigns, employers, unions, and others to verify how an individual voted. But EPIC explained in "The Secret Ballot At Risk: Recommendations for Protecting Democracy" that the secret ballot — the inability to link particular voters to particular votes — is a cornerstone of modern democracies. The secret ballot reduces the threat of coercion, vote buying and selling, and tampering. The secret ballot allows people to vote without fear of intimidation or retaliation. EPIC has a long history of working to protect voter privacy and election integrity. In a 2010 Supreme Court case, EPIC argued that disregard for voter privacy may unconstitutionally burden the right to vote.

Supreme Court Won't Review Decision That Struck Down Texas Voter ID Law + (Jan. 24, 2017)

The U.S. Supreme Court has declined to review a ruling by the Fifth Circuit Court of Appeals that a Texas voter ID law violates the Voting Right Act. The decision means that Texas won't be able to enforce the law, which poses a significant threat to voter privacy and could discourage legal voters. Last summer, the appeals court held that the Texas Law had a "discriminatory effect" on minorities' voting rights and remanded the case to the lower court. Texas petitioned the Supreme Court to review the decision, but the court refused to do so Monday. EPIC filed an amicus brief arguing that that the Texas law places an unconstitutional burden on voters' rights to informational privacy because of the excessive collection of personal data. Such bills "disenfranchise individuals who seek to protect their personal information from data breach, cybercrime, and commercial exploitation," EPIC told the court.

EPIC Urges Congress to Protect Voter Privacy + (Sep. 27, 2016)

EPIC has sent a letter to a Congressional committee in advance of a hearing on cybersecurity and ballot integrity. EPIC warned that casting votes online threaten voter privacy. EPIC explained that the secret ballot is the cornerstone of the US election system. EPIC, Common Cause, and Verified Voting recently published The Secret Ballot at Risk: Recommendations for Protecting Democracy. The report makes specific recommendations for protecting voter privacy. EPIC has a long history of working to protect voter privacy and election integrity.

Secret Ballot At Risk in Maryland After Election Board Vote + (Sep. 27, 2016)

The Maryland State Board of Elections has voted to certify Maryland’s online ballot-marking system for general use, threatening voter privacy. Voters using the online-ballot marking system would receive and fill out their ballot online, risking third party access their vote. Previously online ballot-marking was permitted only to enable participation by voters with disabilities. EPIC, Verified Voting, and Common Cause recently released The Secret Ballot at Risk: Recommendations for Protecting Democracy, a report highlighting the right to a secret ballot and how Internet voting threatens voter privacy. EPIC has a long history of working to protect voter privacy and election integrity.

EPIC, Verified Voting, Common Cause Release Report on Ballot Secrecy + (Aug. 18, 2016)

EPIC, Verified Voting, and Common Cause today released The Secret Ballot at Risk: Recommendations for Protecting Democracy, a report highlighting the right to a secret ballot and how Internet voting threatens voter privacy. All 50 states recognize ballot secrecy as a core value. Despite this, 32 states and DC are promoting Internet voting, typically for overseas and military voters, and are asking those voters to waive their right to a secret ballot. That threatens voting freedom and election integrity. The report recommends actions voters can take to protect the secrecy of their ballot, and encourages states to do more to safeguard voter privacy. EPIC has a long history of working to protect voter privacy and election integrity.

Federal Appeals Court Strikes Down Texas Voter ID Law + (Jul. 20, 2016)

A federal appeals court has ruled that a Texas voter ID law violates the Voting Rights Act. In a fractured opinion, the court held that Senate Bill 14 had a “discriminatory effect” on minorities’ voting rights, and remanded the case to the lower court. The appeals court instructed the district court to provide interim relief for individuals, which could include suspending the voter ID requirement, ahead of the November 2016 election. EPIC filed an amicus brief in the case, arguing that SB 14 also places an unconstitutional burden on voters’ rights to informational privacy because of the excessive collection of personal data.

EPIC Urges Appeals Court to Strike Down Voter ID Law + (May. 17, 2016)

EPIC has urged a federal appellate court to find unconstitutional a Texas law that requires voters to obtain photo IDs. A lower court held that Senate Bill 14 violates the Voting Rights Act and burdens the constitutional right to vote. Texas appealed. In response, EPIC argued that the ID requirement also burdens the constitutional right of informational privacy. “Individuals should not be subject to excessive identification requirements to exercise fundamental democratic rights,” EPIC stated. EPIC has previously filed amicus briefs defending the right to informational privacy.

Federal Court Strikes Down Texas Voter ID Law + (Aug. 6, 2015)

The U.S. Court of Appeals for the Fifth Circuit has ruled that the strict Texas Voter ID requirement is unlawful because it would disproportionately burden minority voters, in violation of the Voting Rights Act. EPIC has previously raised similar arguments about voter privacy in its amicus brief in the Supreme Court case Crawford v. Marion County Election Board. EPIC argued in Crawford that "Not only has the state failed to establish the need for the voter identification law or to address the disparate impact of the law, the state's voter ID system is imperfect, and relies on a flawed federal identification system." EPIC also presented a statement to the House Judiciary Committee in 2007 highlighting the importance of the secret ballot.

Supreme Court Strikes Down Voter ID Law + (Oct. 10, 2014)

The US Supreme Court has ruled that officials in Wisconsin may not requires voters to present photo ID before voting in an upcoming election. A federal court in Texas also struck down a state voter ID requirement saying it disproportionately burdened minority voters. In 2007 EPIC raised similar arguments in an amicus brief for the US Supreme Court in Crawford v. Marion County. EPIC said of the Indiana ID law, “Not only has the state failed to establish the need for the voter identification law or to address the disparate impact of the law, the state’s voter ID system is imperfect, and relies on a flawed federal identification system.” The Supreme Court upheld the law. Justice Souter dissented, saying “this statute imposes a disproportionate burden upon those without” government-issued photo IDs. For more information, see EPIC: Voter Photo ID and Privacy and EPIC: Voting Privacy.

Federal Court Panel Blocks South Carolina Voter ID Requirement + (Oct. 15, 2012)

A special panel of federal judges in Washington, DC has barred the state of South Carolina from enforcing new voter identification requirements in the upcoming November elections. The court was "unable to conclude" that South Carolina could implement its voter identification law in a way that would "suffice under the Voting Rights Act" before the upcoming elections. The court did grant preclearance to implement the law after the November elections citing the "extremely broad interpretation of the reasonable impediment provision," which allows South Carolina voters to still vote if they complete an affidavit affirming their identity and state the reason for not having obtained photo identification. EPIC has previously argued that voter ID requirements impermissibly burden the right to vote. For more information, see EPIC: Voter ID and Privacy and EPIC: Crawford v. Marion County.

Pennsylvania Judge Blocks Voter ID Requirement + (Oct. 3, 2012)

A Pennsylvania district court barred the state from enforcing voter identification requirements in the upcoming November elections. Following guidance from the state Supreme Court, Judge Robert Simpson issued a narrow preliminary injunction. He ordered that Pennsylvania may not require photo IDs to vote in November. Election officials may ask voters for identification, but those without ID may still cast regular ballots. Judge Simpson explained that the state Supreme Court identified "the essential offending activity as voter disenfranchisement, not a request to produce photo ID." EPIC has previously argued that voter ID requirements impermissibly burden the right to vote. For more information, see EPIC: Voter ID and Privacy and EPIC: Crawford v. Marion County.

Pennsylvania to Reconsider Voter ID Law + (Sep. 21, 2012)

The Pennsylvania Supreme Court has ruled that a lower court must determine whether the State's strict voter ID can lawfully be implemented before the national election on November 6. The Supreme Court said that the "disconnect between what the law prescribes and how it is being implemented" raises questions. EPIC has previously argued that voter ID requirements are an impermissible burden on the right to vote. EPIC: Voter Photo ID and Privacy and EPIC: Crawford v. Marion County.

2012 Democrat Platform Endorses Internet Privacy + (Sep. 4, 2012)

The 2012 Democratic National Platform supports the administration’s Internet Privacy Bill of Rights to protect consumer privacy. Separate provisions in the platform call for privacy protections for broadband deployment, intellectual property enforcement, and cybersecurity laws; the Democratic platform opposes voter identification laws. However, the platform is silent on the Fourth Amendment, and retreats from the 2008 Democratic platform that opposed surveillance of individuals that were not suspected of a crime. In 2008, Candidate Obama promised to "strengthen the privacy protections for the digital age and to harness the power of technology to hold government and business accountable for violations of personal privacy.” The 2012 Republican Platform was released last week. The Libertarian and Green Party platforms are also available. For more information, see EPIC: Privacy and Consumer Profiling, EPIC: Voter Photo ID and Privacy, EPIC: National Security Letters, and EPIC: Cybersecurity Privacy Practical Implications.

Federal Appellate Court Strikes Down Texas Voter ID Law + (Aug. 30, 2012)

The D.C. Circuit Court of Appeals has invalidated a Texas law that would require voters to present a photo identification in order to vote. Calling the law “the most stringent in the country,” the court held that “record evidence suggests that [the law], if implemented, would in fact have a retrogressive effect on Hispanic and African American voters.” Therefore, the court held, the law violates section 5 of the Voting Rights Act of 1965. Section 5 requires “covered jurisdictions” to show that new voting procedures, such as Voter ID requirements, are nondiscriminatory before those changes can be put into effect. The ruling came after the Department of Justice previously blocked the law through the Section 5 preclearance process. EPIC has argued that unreasonable voter ID requirements are an impermissible burden on the right to vote. For more information, see EPIC: Voter Photo ID and Privacy and EPIC: Crawford v. Marion County.

2012 Republican Platform Addresses Privacy and Government Surveillance + (Aug. 29, 2012)

The 2012 Republican Party Platform calls for strong Constitutional protections for privacy and new safeguards for personal data held by businesses. "We will ensure that personal data receives full constitutional protection from government overreach and that individuals retain the right to control the use of their data by third parties," the platform states. The platform also criticizes TSA screening procedures and calls for warrant requirements for most law enforcement-operated drones. However, other provisions endorse voter identification laws and increased disclosure of personal information to the government for cyber security. For more information, see EPIC: Privacy and Consumer Profiling, EPIC: Whole Body Imaging Technology and Body Scanners, EPIC: Unmanned Aerial Vehicles (UAVs) and Drones, EPIC: Voter Photo ID and Privacy, and EPIC: Cybersecurity Privacy Practical Implications.

Second Wisconsin Judge Strikes Down State Voter ID Law + (Jul. 23, 2012)

In a second challenge to Wisconsin's voter ID requirement, Judge David Flanagan has held that the ID law imposes an unconstitutional burden on the right to vote. The law "tells more than 300,000 Wisconsin voters who do not now have an acceptable form of photo identification that they cannot vote unless they first obtain a photo ID card," wrote Judge Flanagan. The opinion follows a similar ruling earlier this year by Wisconsin judge Richard Niees. For more information EPIC: Voter Photo ID and Privacy and EPIC: Crawford v. Marion County.

Senate Judiciary Holds Hearing on Voter Suppressions + (Jun. 27, 2012)

The Senate Judiciary Committee held a hearing on “Prohibiting the Use of Deceptive Practices and Voter Intimidation Tactics in Federal Elections." The Senate is considering new legislation to address the problem of deceptive practices and voter intimidation. Committee Chairman Patrick Leahy cited "burdensome identification laws" as one of the obstacles to public participation in federal elections. A new report highlights similar problems in the recent Canadian national election. EPIC has published reports on deceptive campaign practices and filed briefs in opposition to unnecessary voter ID requirements. For more information see EPIC Voting Privacy and EPIC - Crawford v. Marion County.

Federal Appeals Court Backs Justice Department in Voting Rights Dispute + (May. 18, 2012)

The Court of Appeals for the District of Columbia Circuit issued an opinion rejecting Shelby County, Alabama's constitutional challenge to the preclearance requirements of the Voting Rights Act of 1965. The Court held that Section 5 of the Act, which requires "covered jurisdictions" to show that new voting procedures, such as Voter ID requirements, are nondiscriminatory before those changes can be put into effect, is constitutional. Shelby County challenged the preclearance requirements after Congress reauthorized Section 5 in 2006. The Department of Justice recently blocked Voter ID laws in South Carolina and Texas through the Section 5 preclearance process. EPIC has argued that unreasonable voter ID requirements are an impermissible burden on the right to vote. For more information, see EPIC: Voter Photo ID and Privacy and EPIC: Crawford v. Marion County.

District Court Panel Admonishes South Carolina in Voter ID Case + (Apr. 26, 2012)

A three-judge panel overseeing a critical voter ID case, State of South Carolina v United States of America, set out an unusually detailed requirements in an Scheduling and Procedures Order issued today. According to the concurring statement of Judge Bates, joined by Judge Kollar-Kotelly, the state has engaged in delaying tactics even as it has urged a swift resolution of the matter, concerning new voting ID procedures adopted by the state. The court cited South Carolina's lack of responsiveness to the Department of Justice, "despite repeated requests" for the "final versions of the implementing procedures" for provisions of the law. The court expects to issue a final ruling in early September 2012., prior to the fall Presidential election. For more information, see EPIC: Voter Photo ID and Privacy.

Justice Department Strikes Down Texas Voter ID Law + (Mar. 12, 2012)

The Department of Justice has determined that a Texas voter ID law that requires photo identification violates the Voting Rights Act of 1965. The Texas law requires voters to present a driver's license or ID card issued by the state. The law also permits a voter to use military photo ID, a US citizenship certificate that contains the person's photograph, a US passport, or a license to carry a concealed handgun. The Department of Justice found that the Texas voter ID law disproportionately affects Hispanic voters because Hispanic voters are between 47% and 120% more likely than non-Hispanic registered voters to lack acceptable photo identification. The Department of Justice found that Texas "has not met its burden of proving that . . . the proposed [voter ID law] will not have a retrogressive effect, or that any specific features of the proposed law will prevent or mitigate that retrogression." In the voting conext, "retogression" refers to the disenfranchisement of eligible voters. For more information, see EPIC: Voter Photo ID and Privacy.

Court Blocks Wisconsin Voter ID Law + (Mar. 6, 2012)

A Wisconsin state court has granted a temporary order blocking the state from enforcing a new voter ID requirement. Wisconsin is one of eight states that now require voters to present a government-issued photo ID. Voter ID laws typically discourage voter turnout, particularly among poor and minority communities. In NAACP v. Walker, the Wisconsin court said that the "scope of impairment has been shown to be serious, extremely broad and largely needless." For more information, see EPIC: Voter Photo ID and Privacy.

Senators Seek Study on Voter ID Laws + (Feb. 29, 2012)

A group of U.S. senators have asked the Government Accountability Office to study the “alarming number” of new state laws that will make it “significantly harder” for millions of eligible voters to cast ballots this November. New state identification laws, by one estimate, will have a direct impact on 21 million American citizens who do not have a government-issued photo ID. The majority of those people are young would-be voters, the elderly, African Americans, Hispanics, and those earning $35,000 per year or less. For more information, see EPIC: Voting Privacy and Voter Photo ID and Privacy.

Virginia Senate Narrowly Approves Voter ID Law + (Feb. 28, 2012)

The Virginia Senate passed a controversial voter photo ID law by one vote. The bill now goes to the Virginia House for consideration. Voter ID laws implicate the privacy rights rights of voters and also discourage voter turnout particularly among poorer voters who may not have necessary credentials, such as a drivers license. In 2007, EPIC challenged the Indiana voter photo ID law. For more information, see EPIC: Voting Privacy and EPIC: Crawford v. Marion County.

Justice Department Challenges South Carolina's Voter ID Law + (Dec. 28, 2011)

The Justice Department has blocked South Carolina's voter ID law, calling it a violation of the federal Voting Rights Act. The Department said the new photo ID requirements would dispropotionately exclude eligible minority voters from federal elections. The South Carolina law prohibits voting by anyone who does not possess a state driver's license, US Passport, Military ID, or voter registration card. Many eligible voters who participated in the 2008 and 2010 elections may be prevented from voting in 2012. Earlier, EPIC filed an amicus brief in the Supreme Court, challenging an Indiana voter ID law. See EPIC: Voter Photo ID and Privacy and NCSL: State Voter ID Laws.

Question Presented

Does Texas Senate Bill 14 ("SB 14"), which requires Texas voters to acquire and present one of six forms of photo ID in order to vote, violate the Constitution and/or the Voting Rights Act?

Factual Background

Before SB 14, Texas did not require voters to show photo ID to vote.

Prior to SB 14, Texas voters could cast ballots “in person by presenting a registration certificate—a document mailed to voters upon registration.” If the voter didn’t bring the registration certificate, they could vote by “signing an affidavit and presenting one of multiple forms of identification,” including “a current or expired driver's license, a photo ID (including employee or student IDs), a utility bill, a bank statement, a paycheck, a government document showing the voter's name and address, or mail addressed to the voter from a government agency.”

SB 14 places strict photo ID requirements on Texan voters.

Texas enacted SB 14 in 2011 and began enforcing it as of June 25, 2015. SB 14 requires Texas voters to present one of six forms of photo identification when voting in person:

1. A Texas driver’s license or personal identification card issued by the Department of Public Safety;
2. An election identification certificate (“EIC”);
3. A license to carry a handgun issued by the Department of Public Safety;
4. A U.S. military identification card with photo;
5. A U.S. citizenship certificate with photo; or
6. A U.S. passport.

When voting, the voter’s registered name and the name on the photo ID must be exactly the same or “substantially similar.” If not exactly the same but deemed by a poll worker to be “substantially similar,” the voter can vote a normal ballot after signing an affidavit “that the actual voter and the registered voter are one and the same.” If the names are not “substantially similar” or if a voter does not have the requisite photo ID, “the voter may cast a provisional ballot, which will be counted only if the voter, within six days of the election, goes to the voter registrar with additional documentation to verify his or her identity.”

SB 14 created several narrow exceptions to the photo ID requirement:

1. Voters with disability are exempt upon providing documentation of the disability.
2. Voters who assert a religion objection to being photographed or whose photo ID was lost/destroyed as the result of a natural disaster occurring within 45 days of casting a ballot must vote by provisional ballot “subject to later proof of identity within six days of any election in which that person votes.”
3. Voters who will be 65 or older as of the date of the election can vote early by mail.

Voting early by mail in Texas is limited to four groups of people: (1) voters 65 years of age or older; (2) voters with disability; (3) voters with an expected absence from the county on election day and early voting days; and (4) voters in jail.

The Election Identification Certificate is a free SB 14-qualified photo ID, but requires Texas citizens to provide supporting documents.

SB 14 prevents the Department of Public Safety from charging Texas citizens for EICs. Senate Bill 983, passed in 2015 after oral argument was heard by the Fifth Circuit panel, eliminated the fee for searching or providing a certified copy of a birth certificate (or other record) if the applicant needs the record in order to obtain an EIC.

To obtain an EIC, a voter must present one of the three categories of documents/sets of documents:

1. One piece of primary identification, or
2. Two pieces of secondary identification, or
3. One piece of secondary information plus two pieces of supporting identification.

Texas law defines primary, secondary and supporting identification as follows:

• Primary identification
• Texas driver’s license or personal identification card that has been expired for less than two years.
• Secondary identification
• Original or certified copy of birth certificate;
• Original or certified copy of court order with name and date of birth indicating an official change in name and/or gender;
• U.S. citizenship or naturalization papers without photo.
• Supporting identification
• Voter registration card
• School records
• Insurance policy (at least two years old)
• Texas vehicle or boat title or registration
• Military records; unexpired military dependent identification card
• Original or certified copy of marriage license or divorce decree
• Social Security card
• Pilot's license
• Photo driver’s license or photo ID issued by another (United States) state, U.S. territory, or the District of Columbia that is within two years of the expiration date
• An offender identification card or similar form of identification issued by the Texas
• Department of Criminal Justice
• Forms W-2 or 1099
• Numident record from the Social Security Administration
• Texas driver license or personal identification certificate expired more than two years
• Professional license issued by Texas state agency
• Identification card issued by government agency
• Parole or mandatory release certificate issued by the Texas Department of Criminal Justice
• Federal inmate identification card
• Federal parole or release certificate
• Medicare or Medicaid card; Selective Service card
• Immunization records; tribal membership card from federally recognized tribe
• Certificate of Degree of Indian Blood
• Veteran's Administration card
• Hospital issued birth record
• Or any document that may be added to § 15.24 of this title.

To apply for an EIC, a voter must provide:

• Name
• Place and date of birth (city, county, state, country)
• Mother and father’s last names
• Fingerprints - although allowed by the regulation, the fingerprinting of EIC applicants was stopped at the rest of the Secretary of State.
• Photograph
• Signature
• Brief description (eye color, hair color, race, height, weight)
• Sex
• Residence address
• Whether US citizen
• County of residence.

Although the regulation states that applicants will be asked for proof of SSN, the current EIC application does not require the disclosure of a full or even partial Social Security Number to obtain an acceptable form of voter ID.

Procedural Background

Plaintiffs challenge SB 14 as unconstitutional and a violation of the Voting Rights Act.

Plaintiffs and Interveners brought four suits to enjoin enforcement of SB 14; the suits were consolidated in the federal district court in the Southern District of Texas. The Plaintiffs and Interveners are:

• No. 13-cv-193 (Veasey Case): The Plaintiffs are Rep. Marc Veasey (R-Tex), Floyd James Carrier, Anna Burns, Michael Montez, Penny Pope, Jane Hamilton, Sergio DeLeon, Oscar Ortiz, Koby Ozias, John Mellor-Crummey, Evelyn Brickner, Gordon Benjamin, Ken Gandy, the League of United Latin American Citizens (LULAC), and Dallas County, Texas.
• The intervenors are the Texas Association of Hispanic County Judges and County Commissioners, the Texas League of Young Voters Education Fund (TLYV), Imani Clark, Aurica Washington, Crystal Owens, Michelle Bessiake, Maria Longoria Benavides, and Hidalgo County of Texas.
• No. 13-cv-263 (U.S. Case): United States of America.
• No. 13-cv-291 (NAACP Case): Texas State Conference of NAACP Branches (NAACP) and Mexican American Legislative Caucus of the Texas House of Representatives (MALC).
• No. 13-cv-348 (Ortiz Case): the Plaintiffs are Eulalio Mendez Jr., Lionel Estrada, Lenard Taylor, Estela Garcia Espinoza, Margarito Martinez Lara, Maximina Martinez Lara, and La Union Del Pueblo Entero, Inc. (LUPE).

Plaintiffs brought three claims:

1. SB 14 violates “the Fourteenth and Fifteenth Amendments to the United States Constitution and Section 2 of the Voting Rights Act because SB 14 was enacted with a racially discriminatory purpose and has a racially discriminatory effect.”
2. SB 14 “places a substantial burden on the fundamental right to vote under the First and Fourteenth Amendments.”
3. SB 14 “constitutes a poll tax under the Fourteenth and Twenty-Fourth Amendments.”

Texas defended the law as “a constitutional requirement imposed to prevent in-person voter fraud and increase voter confidence and turnout.” Yet the lower court found after trial that there were only two cases of in-person voter impersonation fraud prosecuted to conviction between 2001 and 2011, among 20 million votes cast. Since the enactment of SB 14, “there has been no apparent change in the rate of voter fraud referrals and no higher rate of convictions.” At trial, several experts testified that in-person voter fraud “is difficult to perpetrate, has a high risk/low benefit ratio, and does not occur in significant numbers.”

The Plaintiffs asserted three general categories of injuries:

1. Personal injuries: “Plaintiffs whose ability to vote has been threatened by SB 14 requirements or those who fear poll workers could keep them from voting because the name on their ID may not be ‘substantially similar’ to that on the voter registration rolls.” They assert that SB 14 “will: (1) deny them the right to vote; (2) cause them a substantial burden in exercising their right to vote; or (3) require them to vote in an unequal manner.” Supporting these alleged injuries, the court found:
1. Free EIC is obscure;
2. Underlying documents are not free;
3. Voters with unregistered births must apply for “delayed birth certificates,” which is difficult and costly;
4. Voters with errors on their birth certificates must get amended certificates, which is difficult and costly;
5. Obtaining a certificate for an out-of-state birth can be difficult and costly;
6. Suspension of and surcharges on forms of ID issued by the Department of Public Safety prevent some voters from obtaining acceptable photo ID;
7. Some voters are unable to pay the costs associated with getting an acceptable ID or the necessary underlying documents;
8. Travel might be required to obtain the ID or underlying documents;
9. The Department of Public Safety, using discretion, can apply the burdens inconsistently;
10. Name changes and variations between that on one of the acceptable forms of ID and voter rolls could bar some voters;
11. Texas’s disability exemption is strict;
12. There are widespread, practical problems for some people (e.g., homeless, working poor) to obtain an acceptable ID;
13. Voters shouldn’t have to choose between voting or feeding their families; and
14. Mail-in ballots are insufficient.
2. Political injuries: “Plaintiffs who state that SB 14 has or will cause their political campaigns to spend additional time, effort, or funding to educate their constituents about SB 14 requirements.”
3. Organizational injuries: “Plaintiff groups who state that they were forced to divert resources from their core missions to respond to the adverse effect of SB 14 on the people they serve.”

The lower court finds SB 14 imposes an unconstitutional burden on the right to vote, violates the Voting Rights Act, and constitutes an unconstitutional poll tax.

The lower court conducted a nine-day bench trial before concluding that “SB 14 creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans,” was “imposed with an unconstitutional discriminatory purpose,” and “constitutes an unconstitutional poll tax.”

The lower court found that SB 14 is comparatively the strictest voter ID law as of 2014, based on the types of ID accepted, the structure of the law’s implementation, and how provisional ballots can be cured. The court reviewed in depth the state’s history of discriminatory voting rules and the extraordinary procedural deviations used to pass SB 14.

Based on expert testimony, the court concluded that over 600,000 registered voters—4.5% of registered voters—lack qualified SB 14 IDs, and over 530,000 voters do not qualify for a disability exemption. In addition, “a disproportionate number of African-Americans and Hispanics populate that group of potentially disenfranchised voters.”

After reviewing the evidence presented during trial, the court analyzed each of the four separate legal claims brought by the parties.

First, the court found that SB 14 places an unconstitutional burden on the right to vote in violation of the First and Fourteenth Amendments. An individual’s right to vote is implied by the First Amendment and protected as a fundamental right by the Due process and Equal Protection clauses of the Fourteenth Amendments. “An equal protection challenge applies either when a state classifies voters in disparate ways, or places restrictions on the right to vote.”

There are three tests to determine whether a burden on the right to vote is unconstitutional. First, if the burden is severe and completely strips the individual of her ability to vote, then the standard is strict scrutiny: the court must determine whether the restriction is “narrowly drawn to advance a state interest of compelling importance.” Second, if the burden is minimal, then the standard is rational basis.

Third, if the burden is substantial but not severe—as in this case—then the standard is the Anderson/Burdick balancing test:

[W]hether the State's interests, including detecting and preventing voter fraud, preventing non-citizen voting, and fostering public confidence in election integrity, justify the specific burdens that are imposed on voters who are required to produce one of the limited SB 14-qualified photo IDs in order to vote in person at the polls.

In particular, the court balanced the state’s interest against the burden on the subgroup of Texas voters who do not possess an SB 14-qualfied ID.

The court concluded that SB 14 poses a substantial burden on voters without a qualified ID, that neither the EIC nor the provisional balloting are a safe harbor, and that the mail-in option did not relieve the burden. On the other side of the equation, while the state has an undisputed interest in regulating elections, the rationales put forward by Texas did not justify the burden. SB 14 would not detect or deter voter fraud (which was almost nonsexist before SB 14), would not prevent non-citizen voting (because non-citizens can get SB 14-qualified IDs), would not improve confidence in elections (because there wasn’t a lack of confidence before), and would not increase voter turnout. Under the Anderson/Burdick balancing test, “SB 14 imposes a substantial burden on the right to vote, which is not offset by the state’s interests.” The court noted in summary:

The unconstitutionality of SB 14 lies not just in the fees the State charges for birth certificates, although that is part of it. It is not just about causing people to make extra trips—in many cases covering significant distance—to county and state offices to get their photo IDs, although that is part of it. It is not just about making people figure out the requirements on their own and choose whether to go to work or go get a photo ID, although that is part of it. It is not just about creating a second class of voters who can only vote by mail, although that is part of it. And it is not just about placing the administration of voting rights in the hands of a law enforcement agency, although that, too, is part of it.

The unconstitutionality of SB 14 lies also in the Texas Legislature's willingness and ability to place unnecessary obstacles in the way of a minority that is least able to overcome them. It is too easy to think that everyone ought to have a photo ID when so many do, but the right to vote of good citizens of the State of Texas should not be substantially burdened simply because the hurdles might appear to be low. For these Plaintiffs and so many more like them, they are not.

The court also analyzed the Plaintiff’s three other claims. Under the Voting Rights Act Section 2, the court found that SB 14 “imposes a disparate impact on African-Americans and Latinos and that its voter ID requirements interact with social and historical conditions to cause an inequality in voting opportunity.” Under the Voting Rights Act Section 2, the Fourteenth Amendment, and the Fifteenth Amendment, the court found that “proponents of SB 14 within the 82nd Texas Legislature were motivated, at the very least in part, because of and not merely in spite of the voter ID law's detrimental effects on the African-American and Hispanic electorate.” And finally, under the Twenty-Fourth and Fourteenth Amendments, the court found that “the cost of obtaining a birth certificate is thus sufficiently tied to the requirement of voting as to constitute an unconstitutional poll tax or other tax.”

On October 9, 2014, “[s]hortly before in-person early voting was scheduled to begin for the November 2014 elections, the district court entered a permanent and final injunction against enforcement of the voter identification provisions of SB 14” and ordered Texas to enforce the voter identification requirements in place prior to SB 14.

The Fifth Circuit panel ruling upholds some lower court findings, vacates others.

The Defendants appealed the district court’s opinion. In October 2014, the Fifth Circuit granted the State’s emergency motion for stay pending appeal.” The Supreme Court denied Plaintiffs’ emergency motions to vacate the Fifth Circuit stay in 2014, then re-denied the motion to vacate the stay in April 2016. Thus, SB 14 remains in place.

The Fifth Circuit panel issued its decision in August 2015. First, the Fifth Circuit vacated the district court’s conclusion that SB 14 unconstitutionally burdens the Plaintiffs’ right to vote on the grounds of constitutional avoidance, and dismissed the Plaintiffs’ claims. Because the appeals court affirmed “the district court's determination that SB 14 has a discriminatory effect under Section 2 of the Voting Rights Act, Plaintiffs will be entitled to the same relief they could access if they prevailed on these First and Fourteenth Amendment claims.”

Second, the Fifth Circuit vacated the district court’s conclusion that the Texas Legislature passed SB 14 with a discriminatory purpose on the grounds that the lower court relied on improper evidence of purpose (e.g., long-ago history of discrimination; three redistricting cases; post-enactment speculation by opponents of SB 14; post-enactment statements by proponents of SB 14; procedural departures), and remanded to the lower court to reconsider in light of the remaining evidence.

Third, the Fifth Circuit affirmed the district court’s finding that SB 14 has a discriminatory effect in violation of Section 2 of the Voting Rights Act. The appeals court concluded that the lower court had properly determined that SB 14 specifically burdens Texans living in poverty, that a disproportionate number of Texans living in poverty are African-Americans and Hispanics, and that “African-Americans and Hispanics are more likely than Anglos to be living in poverty because they continue to bear the socioeconomic effects caused by decades of racial discrimination.”

Finally, the Fifth Circuit vacated the district court’s finding that SB 14 was an unconstitutional poll tax and rendered judgment in favor of Texas. The appeals court found that SB 14 did not impose a poll tax before SB 983 eliminated the fee for obtaining a birth certificate, and that SB 983 anyway eliminated any direct fee for any of the documentation required to obtain a qualifying voter ID. In particular, the appeals court noted that greater difficulties in obtaining a SB 14-qualified ID did not constitute a poll tax, standing alone.

The Defendants petitioned for en banc rehearing, which the full Fifth Circuit granted on March 9, 2016.

EPIC's Interest

SB 14 poses a significant threat to voter privacy. EPIC has a long history of working on voter privacy issues, and on voter photo ID requirements in particular. In a March 2007 statement to the U.S. House Committee on the Judiciary, EPIC cautioned against new photo identification and proof of citizenship requirements for federal elections. Absent evidence of an actual problem, EPIC warned that the requirements could discourage legal voters. EPIC noted that Congress has already provided for provisional ballots for instances when there are doubts about the status of voters seeking to cast ballots in public elections.

In 2007, EPIC filed a brief in Crawford v. Marion County, a U.S. Supreme Court case addressing the constitutionality of Indiana's strict voter ID requirements. EPIC challenged the position of the state that the government issued photo ID requirement would add security to state elections. EPIC also warned the Court that the Indiana voter ID scheme would be based on the flawed REAL ID system. The Court ultimately held that the photo ID requirement did not unconstitutionally burden individuals' right to vote.

SB 14 also infringes on Texans' right of informational privacy by requiring them to disclose personal information in order to obtain a SB 14-qualified photo ID and vote. EPIC has previously articulated and defended the right of informational privacy in amicus briefs before the U.S. Supreme Court, the U.S. Court of Appeals for the Third Circuit, and the U.S. Court of Appeals for the Fourth Circuit.

Greidinger v. Davis et al., a case in the U.S. Court of Appeals for the Fourth Circuit, concerned a challenge to the Virginia voter registration scheme. The Virginia Constitution (a) required citizens to provide their Social Security Number when registering to vote, (b) allowed any registered voter to inspect the voter registration books, and (c) allowed certain parties and organizations to obtain Statewide Voter Registration lists containing the SSNs of voters. Greidinger sued, saying that having to provide his SSN and having it disclosed to the public placed an unconstitutional burden on his right to vote. The lower court had applied strict scrutiny and found that Virginia’s voter registration scheme did not violate the plaintiff’s fundamental right to vote.

The Computer Professionals for Social Responsibility (EPIC’s predecessor) filed an amicus brief arguing that the Virginia voting scheme “is an unnecessary and unconstitutional impediment to the right to vote.” The brief argued that the unnecessary disclosure of the SSN raises substantial issues of personal privacy, highlighting in particular how disclosures of the SSN jeopardize the confidentiality of personal information. In the balance, the collection and disclosure of the SSN served no significant state interest. Applying strict scrutiny, the Fourth Circuit held that the SSN requirement created an intolerable burden on the right to vote as protected by the First and Fourteenth Amendments.

Smith v. Doe was a challenge in the U.S. Supreme Court to the Alaska Sex Offender Registration Act, known as “Megan’s Law.” In 1996, President Bill Clinton signed legislation that directed state legislatures to adopt statutes that would not only require convicted sex offenders to register with their local law enforcement agency after release, but added the component of granting access to such registries to the public. The Alaska Megan’s Law required a sex offender to provide his name, aliases, identifying features, address, place of employment, date of birth, conviction information, driver’s license number, information about vehicles to which he has access, and postconviction treatment history, and to allow officials to photograph and fingerprint him. Much of this information was then made available to the public.

Plaintiffs challenged the Alaska Megan’s Law as a violation of the ex post facto clause. EPIC filed an amicus brief in support of the plaintiffs, arguing that “actively publicizing the names and criminal histories of released sex offenders violates the right to be free from unwanted disclosure of personal information.” EPIC explained that sex offender registrants have a protected privacy interest in the information disclosed to the public under Megan’s Law, and therefore sex offender registries should be no more invasive than necessary to achieve the state’s compelling purpose in preventing recidivism. EPIC argued that “Internet dissemination of such information permits the government to make unfettered use of information that would otherwise be effectively unavailable, violating the duty . . . to safeguard private information from unwarranted disclosure.” Instead, sex offender registries should incorporate the Fair Information Practices to create registries that properly balance the interests of the public and the registered sex offender. The Supreme Court ultimately concluded that the Alaska Megan’s Law was nonpunitive and therefore its retroactive application did not violate the ex post facto law.

Doe v. Luzerne County was a case in the U.S. Court of Appeals for the Third Circuit concerning the right of public employees to remain free from surreptitious video surveillance while undressing at their workplaces. Jane Doe, a deputy sheriff, was secretly videotaped by a coworker during a mandatory decontamination shower. The digital footage was uploaded onto a government computer and disclosed over the municipal network. Doe sued, stating that the videotaping violated her federal constitutional right to privacy. EPIC filed an amicus brief and presented oral argument in the case. EPIC argued that the “surreptitious recording of naked images of the human body by a state actor, coupled with the risk of widespread disclosure,” implicates the right to informational privacy. The Third Circuit agreed, finding that Doe had a reasonable expectation of privacy in the decontamination area.

NASA v. Nelson was a U.S. Supreme Court case concerning a challenge to two parts of an employment background investigation: a section asking “employees about treatment or counseling for recent illegal-drug use” and “certain open-ended questions on a form sent to employees’ designated references.” EPIC filed an amicus brief, arguing that the compelled background investigation questions risk exposing sensitive, personal health information that is insufficiently protected by NASA or by the Privacy Act.

The Court “assume[d], without deciding, that the Constitution protects” the right to informational privacy, which the Court characterized as “refer[ing] broadly to a constitutional privacy ‘interest in avoiding disclosure of personal matters.’” The Court then concluded that the “Government’s inquiries do not violate a constitutional right to informational privacy.” In doing so, the Court concluded that: “Government's interests as employer and proprietor in managing its internal operations, combined with the protections against public dissemination provided by the Privacy Act of 1974,” satisfy “any interest in avoiding disclosure that may arguably have its roots in the Constitution.”

Legal Documents

U.S. Supreme Court, No. 16-393 - Petition for Writ of Certiorari

• Denial of Petition for Writ of Certiorari - 580 U.S. ___ (2016)

U.S. Court of Appeals for the Fifth Circuit, No. 14-41127 - En Banc Rehearing

• Fifth Circuit grant of en banc rehearing - 815 F.3d 958 (5th Cir. 2016)
• Defendant-Appellant Texas Supplemental Opening Brief
• Brief for Amici Curiae Indiana, Alabama, Arizona, Arkansas, Georgia, Kansas, Louisiana, Michigan, Nevada, Ohio, Oklahoma, South Carolina, Utah, West Virginia, and Wisconsin supporting Appellants
• Brief for Amici Curiae Twenty-Seven U.S. Senators and Representatives From Texas supporting Appellants
• Brief for Amicus Curiae Lawrence Crews supporting Appellants
• Brief for Amicus Curiae Mountain States Legal Foundation supporting Appellants
• Brief for Amicus Curiae Project on Fair Representation supporting Appellants
• Supplemental Brief for Amicus Curiae Eagle Forum Education & Legal Defense Fund supporting Appellants
• Plaintiff-Appellee United States Supplemental Response Brief
• Plaintiffs-Appellees Texas State Conference of the NAACP, Mexican American Legislative Causes of Texas House of Representatives, et al. Supplemental Response Brief
• Intervenor Plaintiffs-Appellees Texas League of Young Voters Education Fund and Imani Clark Supplemental Response Brief
• Plaintiffs-Appellees Marc Veasey, League of United Latin American Citizens, et al. Supplemental Response Brief
• Brief of EPIC Supporting Appellees
• Brief for Amicus Curiae AARP Supporting Appellees
• Brief for Amici Curiae ACLU and ACLU of Texas Supporting Appellees
• Brief for Amici Curiae Current and Former Texas Election Administrators Supporting Appellees
• Brief for Amici Curiae LatinoJustice PRLDEF, National Association Of Latino Elected And Appointed Officials Educational Fund, Hispanic Federation, Hispanic National Bar Association, Mi Familia Vota Education Fund, and Voto Latino Supporting Appellees
• Fifth Circuit En Banc Opinion

U.S. Court of Appeals for the Fifth Circuit, No. 14-41127

• Fifth Circuit Opinion granting stay of district court injunction - Veasey v. Perry, 769 F.3d 890 (5th Cir. 2014)
• Defendant-Appellant Texas Opening Brief
• Brief for Amicus Curiae Eagle Forum Education & Legal Defense Fund supporting Appellants
• Plaintiff-Appellee United States Response Brief
• Plaintiffs-Appellees Texas State Conference of the NAACP, Mexican American Legislative Causes of Texas House of Representatives, et al. Response Brief
• Intervenor Plaintiffs-Appellees Texas League of Young Voters Education Fund and Imani Clark Response Brief
• Plaintiffs-Appellees Marc Veasey, League of United Latin American Citizens, et al. Response Brief
• Brief for Amicus Curiae AARP supporting Appellees
• Brief for Amici Curiae ACLU and ACLU of Texas supporting Appellees
• Brief for Amici Curiae Current and Former Texas Election Administrators supporting Appellees
• Defendant-Appellant Texas Reply Brief
• Fifth Circuit Opinion - Veasey v. Abbott, 796 F.3d 487 (5th Cir. 2015)

U.S. District Court for the Southern District of Texas, Nos. Nos. 2:13-cv-193, 2:13-cv-263, 2:13-cv-291, 2:13-cv-348

• District Court Opinion - Veasey v. Perry, 71 F. Supp. 3d 627 (S.D. Tex. 2014)

U.S. Supreme Court

• Supreme Court Opinion, Nos. 14A393, 14A402, 14A404 - Veasey v. Perry, 135 S. Ct. 9 (2014) (denying motion to vacate Fifth Circuit stay of district court injunction)
• Supreme Court Opinion, No. 15A999 - Veasey v. Abbott, No. 15A999, 2016 WL 1707589 (U.S. Apr. 29, 2016) (denying motion to vacate Fifth Circuit stay of district court injunction)

News

• Linda Greenhouse, The Courts Begin to Call Out Lawmakers, N.Y. Times (Aug. 18, 2016)
• Stephen Young, No ID, No Problem: State of Texas Announces Rules For Voter ID, Dallas Observer (Aug. 4, 2016)
• David Saleh Rauf, Texas agrees to water down voter ID law for November election, Houston Chronicle (Aug. 3, 2016)
• Kat Greene, Texas Voter ID Law Violates Voting Rights Act: 5th Circ., Law360 (Jul. 20, 2016)
• David Saleh Rauf, Appeals court: Texas Voter ID law discriminates against minorities, Houston Chronicle (Jul. 20, 2016)
• Matt Ford, A Victory For Voting Rights in Texas, The Atlantic (Jul. 20, 2016)
• Federal Court Rules Texas Strict Voter ID Law Unconstitutional, Orders Changes Before November Election, Houston Public Media (Jul. 20, 2016)
• Lydia Wheeler, Court: Texas voter ID law is discriminatory, The Hill (Jul. 20, 2016)
• Texas Voter ID Law Must Allow for Those Without Photo Cards, Bloomberg Politics (Jul. 20, 2016)
• David Kurtz, Federal Appeals Court Strikes Down Texas Voter ID Law, Talking Points Memo (Jul. 20, 2016)
• A Texas Law Could Disenfranchise 600,000 Voters, Economist (May 5, 2016)
• Michael Wines & Manny Fernandez, Stricter Rules for Voter IDs Reshape Races, N.Y. Times (May 1, 2016)
• Robert Barnes, Supreme Court declines to block Texas voter-ID law, for now, Wash. Post (Apr. 29, 2016)
• Adam Liptak, Justices Leave Texas Voter ID Law Intact, With a Warning, N.Y. Times (Apr. 29, 2016)
• Matt Ford, A Voter-ID Battle in Texas, Atlantic (Mar. 10, 2016)
• Erik Eckholm, Texas ID Law Called Breach of Voting Rights Act, N.Y. Times (Aug. 5, 2015)

Resources

• EPIC: Voter Photo ID and Privacy
• EPIC: Voting Privacy
• EPIC: Crawford v. Marion County Election Board & Indiana Democratic Party v. Rokita