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May 11, 2018      4:59 PM

KR: Playing the what if game on the evidence to bail in Texas for DOJ pre-clearance

Where the case intersects with the Voter ID and redistricting cases is a single sentence in Judge Garcia’s conclusion: “Plaintiffs are also being denied equal protection under the law”; but the process of a “bail in” for any state is still opaque. Lawyers have no precedent for the process

The state’s failure to meet the requirements of the so-called motor-voter law could be one more piece of evidence in the fight to move Texas back under the Department of Justice’s election pre-clearance requirements of the Voting Rights Act.

The Texas Civil Rights Project sued the Department of Public Safety back in 2016, saying it was disenfranchising more than 1 million potential voters who were unable to register to vote when they logged online to renew their driver licenses. Today, U.S. District Judge Orlando Garcia has issued his 61-page order, saying the state has violated the National Voter Registration Act and the Equal Protections Clause of the United States Constitution.

By Kimberly Reeves

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