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No hiding behind privilege

Here’s your latest voter ID litigation update, from the Brad Blog:

Still the only voter ID anyone should need

Still the only voter ID anyone should need

Just over a week ago, it was North Carolina legislators ordered by the court to cough up documentation relating to passage of new, draconian restrictions on voting rights in their state. Now, legislators in Texas are facing much the same thing, as that state’s extreme polling place Photo ID restrictions also face legal and Constitutional challenge.

By way of an eight-page Order [PDF]issued late last week, U.S. District Court Judge Nelva Gonzales Ramos has directed the State of Texas to serve upon the U.S. Department of Justice (DoJ) documents that relate to the question of whether “state legislators, contrary to their public pronouncements, acted with discriminatory intent in enacting SB 14,” the Lone Star State’s polling place Photo ID restriction law.

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As the DoJ explained in a supplement [PDF] to its motion to compel the release of documentation relating to legislative deliberation before enactment of the law, Texas refused to turn over a wide array of relevant documents, including “numerous communications concerning SB 14 and prior photographic voter identification proposals amongst Lieutenant Governor David Dewhurst, Speaker Joe Straus, Senator Troy Fraser (Senate sponsor of SB 14), Representative Patricia Harless (House sponsor of SB 14), and their top aides.”

Texas Republicans asserted that they could conceal such evidence because of what they claim to be an “absolute” legislative privilege — this despite numerous cases in which courts have not only held otherwise, but have relied upon such things as emails between legislators as evidence of discriminatory intent, according to the DoJ filing.

Federal judges, in this case, and in the pending federal challenge to North Carolina’s massive election “reform” bill have now both rejected the effort by Republicans to hide documentary evidence of discriminatory intent behind a shield of “absolute” legislative privilege.

As occurred in the North Carolina case, Judge Gonzales recognized the existence of a “qualified” legislative privilege to protect such documents from being released. The question as to whether documents must be produced is arrived at by applying a five-part test: “(1) the relevance of the evidence sought to be protected; (2) the availability of other evidence; (3) the seriousness of the litigation and the issues involved; (4) the role of the government in the litigation; and (5) the possibility of future timidity by government employees who will be forced to recognize that their secrets are violable.”

That five-part test weighs the need for confidentiality amongst legislators and their aides against the need to eliminate “racial discrimination in voting — the bedrock of this country’s democratic system of government,” as described by Ramos in her ruling.

Click over for further details. Texas Redistricting was also on this. There’s also an update to the scheduling order for the trial, which remains on September 2.

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