An Acceptable Form of Voter ID

Rep. Rafael Anchia, D-Dallas, has been a leading voice against voter ID measures. (photo by Lee Nichols)

The overwhelming Republican tsunami in November guaranteed that in almost every respect, the 82nd Legislature will not be a repeat of the 81st. One clear example: Voter ID, the issue that shut down the Capitol two years ago.

Back then, the Democrats were able to accomplish that through “chubbing,” a filibuster-like technique that slowed down the pace of business in the House, basically running out the clock on the Voter ID bill. (The biennial Lege session only lasts 140 days.)

But they were helped by their numbers, a strong 74-76 minority. Now, there are only 49 Dems in the House versus a 101-Republican supermajority. A voter ID law would seem to be a fait accompli, and an opening-day conversation with the Democrats’ point man on the issue seemed to confirm it – Dallas Rep. Rafael Anchia spoke not in terms of killing Voter ID, but coming with the fairest possible bill.

“We buck up and fight like hell,” Anchia said on the House floor after the swearing-in ceremony, when asked what the outnumbered Dems could do. “It’s just too important to the civil rights and voting rights of Texas citizens to just lie down.”

But this time, fighting like hell means pushing for amendments, not monkeywrenches.

“We’re going to create clear contrasts and we’re going to lead with a bill similar to an amendment we had last session that creates a fair and balanced photo identification regime – something where people are required to present photo ID, but among those Texans that do not have photo ID, they will be able to issue an affidavit that proves up their identity, and they are who they say they are, they are the person on the voter registration certificate, so they they’re able to vote a regular ballot.

“That’s what seems fair, that’s what’s equitable, that’s what will prevent widespread disenfranchisement under a strict photo identification bill.”

The issues revolves around what is appropriate identification to cast a ballot: Republicans want a law mandating a photo ID at the polling place in addition to the voter registration certificate, and allege that lack of a law is allowing massive voter fraud. Democrats say Voter ID is a solution in search of a problem – Republicans fail to provide examples of voter impersonation actually occurring, and in any case, such fraud would be an ineffective way to tip an election. What’s it’s really about, Dems counter, is suppressing the vote of the elderly, minorities, and women – three demographics less likely than others to possess photo ID, and more likely to vote Democratic.

“You have to have the vote-saving affidavit,” Anchia said of what appears to be a new bill-improving, rather than bill-killing, tactic. “It’s not different than what we do today – you have to sign an affidavit currently when you vote with your driver’s license, you sign an affidavit saying you do not have your voter registration card. I propose the same kind of affidavit in reverse.”

Anchia said lying on such an affidavit would be perjury, a crime that currently has a penalty of up to $10,000 and 10 years in jail.

“That deterrent effect works today, and it will work under a new regime. In fact, that same affidavit would be acceptable to identify yourself in court, and if it’s good enough for court, it should be good enough to vote.

“We want to prevent thousands of Texans from being disenfranchised, so we’re going to fight to make sure we come up with good policy, not just political fodder.”