Voter ID bill on its way to Gov. Rick Perry

by Zahira Torres \ Austin Bureau
Posted: 05/17/2011 07:23:33 AM MDT

AUSTIN -- A bill that requires Texans to show photo identification before voting in an election is on its way to Gov. Rick Perry's desk for final approval.

Perry is expected to sign the legislation into law, which he has outlined as a priority and even designated as an "emergency" item this session.

Voters would have to show photo identification -- a driver's license, state-issued personal ID card, military ID, U.S. passport, citizenship certificate, or concealed handgun license -- before casting a ballot if the bill becomes law.

Current law allows Texans to present a non-photo voter registration card before casting a ballot.

The Republican-backed bill passed Monday on a 98-46 House vote, which primarily broke along party lines.

State Rep. Joe Pickett, D-El Paso, joined state Rep. Dee Margo, R-El Paso, and other Republicans in support of the bill. Democratic state Reps. Naomi Gonzalez, Marisa Marquez and Chente Quintanilla voted against the legislation.

"It was a line in the sand with the Democrat and Republican parties, but most of my constituents feel that it's not a lot to ask for someone to have a photo ID," Pickett said.

Democrats had in previous years derailed Republican legislation that would require voters to show photo identification. But now, with commanding majorities in the state House and Senate, Republicans pushed the legislation forward without allowing much input from Democrats.

Republicans say the measure is needed to instill confidence in the election system by curbing voter fraud.
Democrats, who said there was only one case of convicted voter impersonation in the past nine years, argue the legislation is aimed at suppressing the votes of minorities and poor people to boost the Republican advantage in elections.

A key change in the legislation would require the issuance of free election identification certificates to people who do not have a photo ID to vote.

Democrats challenged the House author, state Rep. Patricia Harless, R-Spring, about cost of supplying the photo IDs at a time when the state faces a budget shortfall of up to $27 billion.

"The cost is unknown," Harless said. She said most people in Texas already have some form of photo ID, so the state should incur minimal costs to cover the "small universe" of voters who do not. Harless did not provide specifics.

A provision that had been added by Gonzalez was eliminated. It would have allowed the Tigua tribe and other Native Americans to show tribal identification when voting.

"It's disappointing," Gonzalez said. "It protected a small group of individuals who were the first ones to be here and it only makes sense that they would be able to use their tribal identifications to vote."

The bill allows voters to cast a provisional ballot without photo identification but they would have to return in six days with proof. Otherwise, their ballot would not be counted.
The U.S. Justice Department has the final say on the legislation. Republicans said they do not foresee any problems because the bill is modeled after Georgia's and Indiana's voter identification legislation. The U.S. Supreme Court upheld Indiana's law, but the state is not subject to the Voting Rights Act.

Under the bill, attempting to commit voter fraud is a state jail felony charge, punishable by up to two years behind bars and a fine of up to $10,000. Voting illegally would be considered a second-degree felony. That could mean a fine of up to $10,000 and up to 20 years in prison.

The Legislative Budget Board estimates that it will cost about $2 million to train of election workers and advertise the new rules. That estimate does not include the cost of issuing free identification cards to people who say they need them to vote. The bill also does not take into account any financial impact on the state's jail system.

Gonzalez said state lawmakers are struggling to properly fund education and health care, yet the Republican majority is okay with paying for the unnecessary costs of photo identification legislation.

"This whole session has been a lot about rhetoric and not a lot about policy and making sure that we are fiscally responsible, that we are shrinking government and that our governments are running efficiently," Gonzalez said.

Zahira Torres may be reached at ztorres@elpasotimes.com; 512-479-6606.

http://www.elpasotimes.com/news/ci_18076642