Texas continues to challenge the constitutionality of Section 5 of the Voting Rights Act, which makes Texas and a handful of other states, present redistricting and election law changes to the federal government for approval prior to being implemented. This is due to Texas' history of discriminatory actions. Some argue this requirement is no longer necessary. Minority groups disagree.
From the Austin American-Statesman:
Attorney General Greg Abbott on Wednesday made a direct constitutional challenge to a piece of the historic Voting Rights Act of 1965, which singles out Texas and several other states.
Abbott took aim at a section of the act that requires Texas and several other states, mostly in the South, that have histories of discrimination to "pre-clear" any changes to election laws. Abbott seems to be using the U.S Department of Justice's recent denial of pre-clearance of the Legislature's controversial voter ID law, which would require voters to present a valid form of photo identification before casting ballots, as a way to try to change the larger decades-old requirement.
"For the Department of Justice to now contend that Texas cannot implement its voter ID law denies Texas the ability to do what other states can rightfully exercise under the Constitution," Abbott, a Republican, said in a statement.
Richard Hasen, an elections law professor at the University of California, Irvine, said Abbott's move could represent a dramatic shift in election law for Texas and all other states in the country. "That ups the ante," he said.
