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In the United States District Court for the Southern District of Texas Corpus Christi Division

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In the United States District Court for the Southern District of Texas Corpus Christi Division Case 2:13-cv-00193 Document 610 Filed in TXSD on 09/18/14 Page 1 of 353 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION MARC VEASEY, et al., Plaintiffs, v. Civil Action No. 2:13-cv-193 (NGR) (Consolidated Action) RICK PERRY, et al., Defendants. PLAINTIFFS AND PLAINTIFF-INTERVENORS’ PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW Case 2:13-cv-00193 Document 610 Filed in TXSD on 09/18/14 Page 2 of 353 TABLE OF CONTENTS PROPOSED FINDINGS OF FACT ----------------------------------------------------------------------- 1 I. DEMOGRAPHIC DATA FOR THE STATE OF TEXAS ................................................ 3 II. SB 14 IMPOSES A STRICT PHOTO ID REQUIREMENT FOR IN-PERSON VOTING --------------------------------------------------------------------------------------------- 5 III. TEXAS’ PREVIOUS VOTER ID LAW IMPOSED MINIMAL BURDENS ON VOTERS --------------------------------------------------------------------------------------------- 9 IV. SB 14 IMPOSES STRICTER REQUIREMENTS THAN OTHER PHOTO VOTER ID STATES ----------------------------------------------------------------------------------------- 11 V. HISPANIC AND AFRICAN-AMERICAN VOTERS ARE SIGNIFICANTLY LESS LIKELY TO POSSESS SB 14 ID --------------------------------------------------------------- 13 A. Overview ................................................................................................................... 13 B. Dr. Ansolabehere’s Database Matching and Multiple Methods of Demographic Analysis Demonstrate That There Are Statistically Significant Racial Disparities in ID Possession. ....................................................................................................... 17 C. The Barreto/Sanchez Survey Demonstrates Racially Disparate ID Possession. ...... 34 D. Expert Agreement With Dr. Ansolabehere’s Matching Results. .............................. 39 VI. THE RACIAL DISPARITY IN ID POSSESSION IS NOT ALLEVIATED BY SB 14’S EXEMPTIONS OR BY THE FACT THAT IT DOES NOT APPLY TO PERSONS VOTING ABSENTEE BY MAIL --------------------------------------------------------------- 44 A. The Disability Exemption Has No Effect on the Racial Disparity. .......................... 44 B. The “Religious Objection” and the “Natural Disaster” Exceptions Do Not Alleviate the Racial Disparities. ............................................................................... 47 C. Voting By Mail Exacerbates the Disparity in ID Possession. .................................. 48 VII. SB 14 DISENFRANCHISED HUNDREDS OF VOTERS IN THE LOW TURNOUT NOVEMBER 2013 ELECTION ----------------------------------------------------------------- 51 VIII. SB 14 IDS ISSUED BY TEXAS ARE DIFFICULT TO OBTAIN FOR REASONS OF COST, ACCESSIBILITY, AND AVAILABILITY ------------------------------------------- 54 A. State-Issued Forms of Qualifying Photo ID Can Be Burdensome to Obtain and Maintain. ................................................................................................................... 60 i Case 2:13-cv-00193 Document 610 Filed in TXSD on 09/18/14 Page 3 of 353 B. The EIC Program Does Not Provide a Meaningful Opportunity to Obtain SB 14 ID. ........................................................................................................................ 66 IX. SB 14 IDS ISSUED BY FEDERAL GOVERNMENT ARE OF LIMITED AVAILABILITY AND ARE COSTLY ------------------------------------------------------ 100 A. Military Photo ID Cards are Available to Very Few Texans. ................................. 101 B. Citizenship Certificates with a Photograph are Available to Very Few Texans and are Expensive to Replace if Lost............................................................................. 102 C. U.S. Passports and Passport Cards Are Costly to Obtain. ...................................... 103 X. HISPANIC AND AFRICAN-AMERICAN VOTERS ARE LESS LIKELY THAN ANGLO VOTERS TO HAVE THE UNDERLYING DOCUMENTS, TIME, TRANSPORTATION, AND MEANS TO OBTAIN SB 14 ID --------------------------- 103 A. Dr. Henrici’s Analysis Establishes that Obtaining Identification as Required Under SB 14 Disproportionately Burdens Low-Income Minority Voters. ........................ 105 B. Dr. Webster Found that Individuals in Areas with Low Access to Vehicles, Which Are Predominantly Minority, Face Substantial Travel Burdens to Obtain an EIC. ................................................................................................................................. 109 C. Dr. Chatman Found that African Americans and Hispanics Are Significantly More Likely Than Anglos to Experience a Burdensome Roundtrip Travel Time to an EIC Location. ................................................................................................................. 113 D. Dr. Bazelon Found That Travel Burdens to an EIC Location, Analyzed in Monetary Terms, Are Significantly Greater for African Americans Than Anglos. ............... 117 E. The Barreto-Sanchez Survey Also Identified Burdens Regarding Obtaining an EIC. ................................................................................................................................. 121 F. The Costs to Obtain an EIC Significantly Limit the Ability of the Individual Ortiz Plaintiffs to Vote. .................................................................................................... 122 XI. SOCIAL, ELECTORAL, AND HISTORICAL CONDITIONS IN TEXAS INTERACT WITH SB 14 TO LIMIT THE ABILITY OF MINORITY VOTERS TO PARTICIPATE IN THE POLITICAL PROCESS -------------------------------------------------------------- 126 A. Hispanic and African-American Voter Participation Rates Lag Behind the Anglo Rate. ........................................................................................................................ 129 B. Texas has a Long History of Voting-Related Discrimination, Stretching Back Over a Hundred Years and Persisting Today. .................................................................. 131 ii Case 2:13-cv-00193 Document 610 Filed in TXSD on 09/18/14 Page 4 of 353 C. Hispanics and African Americans Bear the Effects of Discrimination in Education, Employment, Housing, and Health, Hindering the Ability of These Groups to Participate Effectively in the Political Process. ...................................................... 136 D. Racially Polarized Voting Continues in Texas. ...................................................... 140 E. Contemporary Political Campaigns in Texas Continue to be Marked by Racial and Anti-Immigrant Appeals. ........................................................................................ 142 F. Hispanics and African Americans Have Been Underrepresented at All Levels of Government in Texas. ............................................................................................. 144 G. SB 14 Addresses a Type of Voter Fraud That is Essentially Nonexistent in Texas and Does Not Address Any Other Form of Voter Fraud. ....................................... 145 H. SB 14 Does Not Address Non-Citizen Voting. ...................................................... 153 I. SB 14 Also Does Not Address the State’s Interest in Promoting Voter Confidence. ................................................................................................................................. 153 XII. THE LEGISLATIVE PROCESS LEADING TO THE ADOPTION OF SB 14 -------- 154 A. 79th Texas Legislature (2005): House Bill 1706. ................................................... 156 B. 80th Texas Legislature (2007): House Bill 218. ..................................................... 158 C. 81st Texas Legislature (2009): SB 362 ................................................................... 164 D. 82nd Texas Legislature (2011): SB 14. .................................................................. 178 E. The Choices that the Legislature Made................................................................... 210 F. Implementation of SB 14 ........................................................................................ 213 G. Dr. Allan Lichtman’s Conclusions Regarding the Legislature’s Purpose .............. 214 H. Dr. Chandler Davidson’s Conclusions Regarding the Legislature’s Purpose. ....... 216 XIII. PLAINTIFFS’ EXPERT WITNESSES ARE QUALIFIED TO OFFER OPINION TESTIMONY ------------------------------------------------------------------------------------ 219 XIV. DEFENDANTS’ EXPERTS OFFERED NO CREDIBLE ANALYSIS OF SB 14 ----- 228 A. Dr. Hood ................................................................................................................. 228 B. Dr. Milyo ................................................................................................................. 238 XV. THE PRIVATE PLAINTIFFS AND PLAINTIFF-INTERVENORS HAVE BEEN INJURED BY SB 14 ---------------------------------------------------------------------------- 247 iii Case 2:13-cv-00193 Document 610 Filed in TXSD on 09/18/14 Page 5 of 353 A. Veasey Plaintiffs ..................................................................................................... 247 B. Young Voters Education Fund Intervenors ............................................................ 259 C. Texas Association of Hispanic County Judges and County Commissioners Intervenor ................................................................................................................ 263 D. Texas NAACP Plaintiffs ......................................................................................... 264 E.
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