Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 1 of 55 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

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1 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 1 of 55 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF TEXAS, Plaintiff vs. ERIC H. HOLDER, JR., in His Official Capacity as Attorney General of the United States, Case No. 1:12-CV (RMC, DST, RLW) Three-Judge Court Defendant. STATE OF TEXAS JOINT APPENDIX ATTACHMENT 8

2 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 2 of 55 J rjm/336 L SII/ detained for whatever reason not convicted of driving while in--while for whatever reason he is he or she is issued a suspended temporary driving permit and under this bill this temporary driving permit would prevent a person from bein able to vote because they these permits do not contain photo IDs. And a--and Members what the the stats that Ive gotten from DPS is that in the last five years of these IIs have been giving sic out been given out and just last month were issued of these permits. You know I would furthermore its worth noting that these permits are valid for 40 days after theyve been theyve been the original license has been confiscated and and we all know that the how court dates are. And they come they become reset time after time and this is potentially in conflict with a portion of this bill that requires an ID that has not expired. So Members what Im what Im asking here is that this this confiscated temporary permit issued by S and I have a copy of it I I showed it yesterday when we were met in the Committee of the Whole and all Im asking is that this this license thats issued by DPS you know even if if its one day right before an election that he or she that that this license is confiscated that he or she can use this permit issued by DPS as a valid ID. And I move passage Mi--Mis--Mis--Mr. President. PRESIDENT The Chair recognizes the bills sponsor Senator Fraser on Floor Amendment 17. FRASER Senator if youll remember yesterday when we had S testify they said theres nothing from from stopping that person if they had a suspended license. All theyve gotta do is just to ask for the the personal i--identification card at no charge. So the--theres nothing to keep from doing that so they have the ability--legos Bu--FRASER --now under current law. GALLEGOS --Senator. FRASER M--Mr. President I would now move to table Amendment 17. Should he table PRESIDENT The Chair recognizes Senator Gallegos to close. GALLEGOS Thank you Mr. President. Mr. President I just heard Senator Frasers explanation. Nowhere on this license does it say when they confiscate the license nowhere does it say that the driver has option. udnt sic say that on this. I derst - understood exactly what Senator Fraser just said but nowhere on this license du--does it say that they have an option to go and an--t--and obtain a photo ID. So if they dont see that on here how do they know that I understand what he just said but its not on this on this temporary driving permit issued by the DPS. And I believe that that that that the holder of this license who has not been convicted yet deserves at least the opportunity if he gets it condi--confiscated one day before an election that he JA_001314

3 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 3 of 55 JGHrjnV336/FLSB CDISII/ or she is innocent until proven guilty and thi--and this license says that its an ava--its a valid ID. And it dudnt say that they have an option Senator Fraser. Nowhere it does it a--say it has an option. So I if I get picked up they take the license away from me give me this it doesnt say that I have an option to get a photo ID and the election is the next day then you know he dudnt have a f-he or she dudnt have a photo ID except this one thats been approved by S. Members Im Im sure this is a and of these were given out just last month. So Im just saying that you know Im sure this has happened in your districts. This person is innocent until proven guilty and he or she should be allowed to vote with this DPS issued voter ID permit. And I I request a a no vote on the on the motion to to table. PRESIDENT Members the motion in front of us is a motion to table by Senator Fraser opposed by the amendment sponsor Senator Gallegos. The Secretary will will call the roll. SECRETARY Birdwell. Carona. Davis adeuell. Duncan. Ellis. Eltife Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Huffman. Jackson. Lucio. Nelson. Nichols. Ogden. Patrick. Rodriguez. Seliger. Shapiro. Van de Putte. Watson. Wentworth. West. Whitmire. Williams and Zaffirini. PRESIDENT Gavel Members there being 19 ayes and 11 nays the motion to table prevails. Gavel The following f--floor amendment Floor Amendment Number 18 by Senator Hinojosa. The Secretary will read the amendment. SECRETARY Floor Amendment Number 18 by Hinojosa and Patrick its being passed out now. Amends Section 12 of the bill. PRESIDENT The Chair recognizes Senator Hinojosa on Floor Amendment 18. HINOJOSA Thank you Mr. President and Members. This amendment simply adds a Concealed Handgun License issued by the Texas Department of Public Safety as an acceptable form of voter identification. And the 1--license also has the drivers license number and this would be very helpful in the case that the drivers license expired because the Concealed Hand sic License did not expire the same time as the drivers license and I would ask for adoption. This is the concealed weapon inaudible background conversation--president Senator the Chair recognizes Senator Patrick on Floor Amendment 18. PATRICK Thank you Mr. President. I just wanted to thank Senator Hincjosa for working together on that and leading all that and totally in support obviously of CHL being accepted. So thank you Senator. Appreciate it Thank you. PRESIDENT The Chair recognizes Senator Ellis on Floor Amendment 18. JA_001315

4 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 4 of 55 J rj 336 LSB CD1SII/ ELLIS I ju--i just wanna ask Senator a couple questions. PRESIDENT Will Senator Hinojosa--ELLIS I--I--If if you dont know its okay I meant to to check but do you know how many y--do you know how many have been issued How many of these licenses we have in Texas just offhand if you know. I was tryin to find out and I just couldnt find out. HINOJOSA I I really dont have that number on top of my head. microphone Senator 400--ELLIS HINOJOSA Inaudible not speaking into the You dont know do you Abou--four--S Senator Patrick Four fifty inaudible overlapping conversation-- --about HINOJOSA --about Yeah abou--about roughly. ELLIS We have about Concealed Handgun Liven sic. Inaudible not speaking into the microphone thousand are lobbyists. HINOJOSA Fo--cor--thats correct. lobbyists. ELLIS Four hundred thousand are And are lobbyists Laughter ELLIS Let le le le me sic let me jus--jus--laughter get serious inaudible-- ELLIS Laughter --let let me ask you this now. Laughter ELLIS I I appreciate you and Senator Patrick bringin this forward. ELLIS Im if Im just guessin theres no way Id know but if I were a guessing man or a gambling man as opposed to carryin the bill gambling bill I would speculate that most of the people who are licensed might be the ones in the red jerseys. Is that a fair assessment Just guessin theres no way wed ow. JA_001316

5 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 5 of 55 J rj 336IFLS SI C SENATE BILL 14 8 Aww. HINOJOSA I dont think so you know Im I dont have a red jersey I gotta blue one on and I have a license. ELLIS Well a good number of you all here have em ar--are carrying and if I did a little survey Im willing to guess that you know might be a few of my colleagues with the red jerseys on dont have those. In my district Im assuming from the that I get most of the folks who probably are licensed are probably some of my Republican constituents. But I think it is a good valid form of identification and thats why Im gonna vote for it and hope that my colleagues will be equally as concerned about other valid forms of ID. A good number of people in my district Senator maybe some of your district but clearly in my district who carry guns dont have a license. Now I joke with you about amending this to say what about those who are carryin a gun but cause a lot of em in my district dont had sic a license but inaudible conversation--hinojosa overlapping But a inaudible on a gun. ELLIS --you want me to offer that one HINOJOSA Laughter ELLIS HINOJOSA ELLIS You think I could get it get it passed Laughter That that that may deal with some of these voter suppression issues Im worried about. HINOJOSA Laughter ELLIS You got a good amendment Senator. Thank you. HINOJOSA Appreciate your support Senator Ellis. PRESIDENT The Chair recognizes Senator Fraser on Floor Amendment se--s You know--president FRASER --I was really liking the amendment till Ellis stood up. Laughter FRASER Senator the th--its actually a very interesting amendment. I I I I knew it was coming and and obviously was gonna look at it favorably but it also was interesting the the the members of the press that checked to me Thi--Thi--This sure that this was was coming too so this is a a a lot of people in this building has interest in this one. I I I I agree this would be a a good one to add to our list of things that are acceptable and this is a very acceptable amendment Thank you for bringing this forward. HINOJOSA Thank you. JA_001317

6 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 6 of 55 J rjm/336 LS SI PRESIDENT The Chair recognizes Senator inojosa to close. HINOJOSA I move adoption. PRESIDENT Members the the issue before us is the adoption of Floor Amendment Number 18. The Secretary will call the roll. PRESIDENT What HINOJOSA I--I think on ex--excuse me acceptable its acceptable to the author to--president Its acceptable to the author. PRESIDENT PRESIDENT We have a motion before us--thank you Senator. --hum Inaudible not speaking into the microphone we dont have a inaudible not speaking into the microphone--president Oh okay. All right. microphone PRESIDENT Inaudible not speaking into the Yeah please. SECRETARY Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Huffinan. Jackson. Lucia. Laughter Nelson. Nichols Ogden. Patrick. Inaudible not speaking into the microphone SECRETARY Okay Okay. Rodriguez. Seliger. Shapiro. Van de Putte. Watson. Wentworth. West. Whitmire. Williams. Inaudible not speaking into the microphone SECRETARY Okay. Zaffirini. PRESIDENT Gavel There being 30 ayes and no nays Floor Amendment Number 18 is approved. PRESIDENT The Chair lays out Floor Amendment Number 19 by Senator Ellis. The Secretary will read the amendment. SECRETARY Floor Amendment Number 19 by Ellis. This is Page 17 in your packet. PRESIDENT The Chair recognizes Senator Ellis to explain Floor Amendment 19. ELLIS Mr. President Members. I alluded to this amendment earlier while we were discussing the gun amendment. This JA_001318

7 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 7 of 55 JG r 336IFLS SII/ amendment would qualify students who are registered at an accredit--credited public university in Texas. The must contain a students photo the ID must not be expired and the must be issued to the person by the institution of higher education. It follows the Indiana law with one exception. In Indiana they include a provision that says that you can use a even if the ifit has expired. The expiration date and either can either be current or have expired some time after the date of a last general election. So this is slightly more restrictive than the Indiana law and I think that we oughta do as much as we can to make sure were lettin our your people participate many of which may not have a drivers license because of surcharges. Or might I add I did not include private universities although I I it would be fine with me to include them but I assume there might be some concern that if its one of the private online universities you get into a issue of whether or not it was a a valid or not. But this is from state institutions for our young people that would want to participate in our democracy. And I might add that in Texas historically weve had the lowest turnout of any large state and were consistently about 45th or 46th in terms of the turnout for elections. Id be more than happy to answer any questions. PRESIDENT Senator Williams for what purpose do you rise WILLIAMS To ask a question of the author. PRESIDENT Will Senator Ellis yield ELLIS Yes Sir. WILLIAMS Senator Ellis do you know of the public universities that we have do they have uniform standards for issuing these student IDs Are you aware d--do they have uniform policies for what is required to issue the student ID ELLIS I I I do know that you have to be a student at that university to get student ID. WILLIAMS But but there may not be any requirement like there is with the drivers license or a state that show that youre lawfully in the country or any of those sorts of things right is that ELLIS I dont know. WILLIAMS Okay. ELLIS You have to ask the Secretary of State. was--l Laughter WILLIAMS Okay. Laughter ELLIS Laughter Im sorry. Maybe S Okay. ELLIS --t n Im not advised. WILLIAMS h--ye JA_001319

8 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 8 of 55 JG rj 336 LS CD1SI EXCERPT. SENATE BILL WILLIAMS --okay how about the Higher Education Coordinating ELLIS Board then. You can ask them. WILLIAMS Okay. Well I think w--w--if there were some uniformity about the requirements and that we you know I think the colleges might balk at us puttin a requirement on them to determine if someones in the country lawfully or not which is a key part of what we have with the drivers license. And so I I think youve y--you know the problem is youre openin the gate to a lot of forged documents that we dont know what theyre all gonna look like. I mean thats thats the thing that I Im concerns me about your amendment. ELLIS ell Senator its a valid concern. I would say to you in all of the other states that have a voter ID require S -hum. ent--ill ELLIS --including Indiana which is who he says that he was patterning this bill after. Indiana not only permits students to use their ID as an alternate form of identification it is even more expansive than what Im Join in this bill. WILLIAMS Right. ELLIS And it has not been a problem in those states and so I dont think that that would be a problem here. I I I dont think that somebody to be honest with you who goes through what they go through to get in the country illegally would be naive enough to go in there and vote and run the risk of blowing their cover. But it has not been a problem in those other states. WILLIAMS ELLIS Okay thank you. Thank you. PRESIDENT The Chair recognizes the bills sponsor Senator Fraser on Floor Amendment Number 19. FRASER Senator thank you for the debate with with Senator Williams. I think I probably have the same concerns he has. I dont know whether youre aware there are over 100 public institutions of higher education in Texas. The burden on a poll worker of having to identify what all those hundred are is this a valid ID and making sure that you hadnt created Ellis University sic out there and somebody forged a bunch of of IDs and sent it out there and a poll worker had no idea that Ellis University the the fact really wasnt a a public university. I based on that and that I think itd be rea--itdbe a burden on the poll worker that I would now move to table Amendment 19. PRESIDENT The Chair recognizes the amendment sponsor Senator Ellis on Floor Amendment 19. ELLIS Members its a straightforward amendment. It hasnt been a problem in other states. This whole bill is JA_001320

9 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 9 of 55 J rj 336 LS CD1SI gonna put a burden on local election officials. Just as they would have to look and see if its legitimate state ID theyre gonna have to look from a university theyre gonna have to look and see if its a legitimate drivers license. I mean there are people who get fake drivers license. And Senator youd be pretty naive if you think that therere no people who in this country illegally who havent gotten a license to have a handgun. I assure you there are some--inaudible background conversation ELLIS --who have gotten that. But look anytime were talkin about raising the bar creating more barriers for people to have access to participate in our electoral process so--there when are 37 inaudible background conversation--ellis now --few people --18 more. in this state participate ELLIS I think we oughta do as much as we and this can to me sure that were not running people out of the process amendment is an attempt to let young people participate. I would respectfully ask you to vote against the motion to table. PRESIDENT Members the issue before us is a motion to table by Senator Fraser opposed by Senator Ellis. The the Secretary will call roll. SECRETARY Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Huffinan- Jackson. Lucio. Nelson. Nichols. Ogden. Patrick. Rodriguez. Seliger. Shapiro. Van de Putte Watson. Wentworth. West. Whitmire. Williams and Zaffirini. PRESIDENT Gavel Members there being 19 ayes and 11 nays the motion to table prevails. Gavel The Chair lays out Floor Amendment Number 20 by Senator West. The Secretary will will read the amendment. SECRETARY Floor Amendment Number 20 by West. Is on Page 18 in your packet. PRESIDENT Can we get him another copy Long pause PRESIDENT The Chair recognizes Senator West on Floor Amendment 20. WEST Okay thank you very much Mr. President. Members this amendment simply provides that a person may vote by showing a voter registration certificate accompanied by a Medica--Medicare card issued by the Social Security Administration. This amendment ensures that members of our elderly population and disabled who are likely to be disproportionately burdened by the new photo ID requirement are not disenfranchised. In the bill in the bill before us we JA_001321

10 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 10 of 55 J rj 336 LS SIIl already have an exception for the photo ID requirements for persons over 70. This way the bill acknowledges that seniors will be negatively impacted by this particular bill. It doesnt do enough to ameliorate those impacts however. First of all Senator Deuell do you know what the definition is in our Health and Human Services for elderly person in the State of Texas Sixty-five years of age. WEST We have several definitions. First of all the state defines elderly--president Just a minute Senator West. careful youre s--west --ImIm just--president --treading on some--west --and and Be be M--Mr. President we have the power to change that right Okay. But but the State of Texas through its legislative and executive branches of government--inaudible background conversation WEST --yall lookin at I bet most of us are almost there thats right okay. WEST First of all the state defines elderly as being 65 years of age in various statutes. Most notably in Section the Human Resource Code contains the definition and secondly the bill as filed limits the exceptions to just a narrow class of individuals. And I wont go on and on about the different other statutes that define elderly. In the Penal Code we define elderly also. So what this particular amendment does it helps the following the League of Women Voters el--estimate that nationally about 18 percent of Americans over 65 six million do not have photo ID. As of May million Texans received Medicare either because of they were age 65 or older or disabled. Of those people one can reasonably estimate one reasonable estimate finds that about 4 in of those folks are in fact disabled. So this amendment wanna ensure some 2.9 million Texans of whom are disabled can exercise their right to vote through administrative process getting their Medicare card they also can be included and we can make certain that they are given opportunity to participate in the system without being burdened. I move adoption of the amendment. PRESIDENT Thank you Senator West. Chair recognizes the bills sponsor Senator Fraser. FRASER Thank you Senator West. This I I thinks its a contining sic continuation of the conversation that we had 70-years-old yesterday. I think all the Members are aware that we have a exception to put in the bill anyone that is born after January the 1st 2000 or thats on b--on before January 1st 2012 is exempt from the bill and that was an exemption we put in place. Also anyone that is a Medicare person JA_001322

11 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 11 of 55 J rjm1336 LSB C 1SII that is 65 then we still have the provision in law where they could be eligible to vote by mail and we we think thats sufficient. By doing this is this would also change this from a non-photo bill. I would now move to table Amendment Number 20. WEST B--B--Before you move Senator to table can I ask I didnt underst--stand a question I didnt understand observation that you made about 70 years inaudible overlapping conversation--s I now move to table Amendment Number 20. WEST --Sir would you withdraw your amendment so I can ask you a question about the 70-year-old provision You will not withdraw it so I can ask you a question Okay good deal. What do you want to do inaudible not speaking into the microphone--west I I I mean--fraser Could I could I ask the Secretary of State WEST --you may have to laughter inaudible no seriously--fraser I will now withdraw my motion to table so that the Senator can ask me a question. WEST --and this and the question is make cer--the 70-year-old provision y--y--how h--how does that work again in the bill FRASER Anyone that is 70 years old by January the 1st 2012 is exempt from the bill. WEST So if you turn 70 years old after that youre not exempt I mean I Im askin a serious question. FRASER E--Every everyone that if youre 70 on January the 1st 2012 you are exempt from the bill. WEST But what ifi turn 70 January the and its 2012 FRASER Tha--WEST I mean FRASER --y--you would be under the provision where you were 69 you wouldve voted gotten a photo ID and already voted in the election and were would already be in the process. WEST Okay. All right. All right so youre youre now moving to table FRASER is-- r. Chairman I now move to table Amendment Number 20. WEST Mr. Chairman. JA_001323

12 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 12 of 55 J rj 336 LS CD1SII Senator West PRESIDENT Chair recognizes Chair recognizes to close. VVEST Members what Im sayin to you is this. We have several statutes in the State of Texas that defines elderly. The question that you have to ask is whether or not you want to potentially disenfranchise elderly people. Again the Health and Human Services Code defines elderly as 65. The Health and Human Services Code at another section defines it at 60. The Utility Code defines it at 60 the Government Code also has a definition the Penal Code also has a def--de ition of 65 and what were doing is makin it 70 for voting purposes. Were puttin a more onerous standard for voting on the books for persons that are elderly at age 70 than we have in the Penal Code where we say that a person is considered elderly if hes 65 or theyre 65 years of age. I cant understand the differentiation of puttin a more onerous burden on people that are 70 years old that over 65 for voting purposes than we would for purposes of being defined for vic--victim. purposes on the Penal Code or Human Resource Code for receiving benefits at age 65. So Id ask you to vote against tabling the amendment. PRESIDENT Members the issue before us is a motion by Senator Fraser to table opposed by Senator West. The Secretary will call roll. SECRETARY Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Huffman. Jackson. Lucie. Nelson. Nichols. Ogden. Patrick. Rodriguez. Seliger. Shapiro. Van de Putte. Watson. Wentworth. West. Whitmire. Williams and Zaffirini. PRESIDENT Gavel There being 19 ayes and 11 nays the motion to table prevails. The Floor la--the Chair lays out the following floor amendment Floor Amendment Number 21 by Senator Davis. The Secretary will read the amendment SECRETARY Floor Amendment Number 21 by Davis which is being passed out right now. It is not in your packet. Amending Senate Bill 14 in Section PRESIDENT be passed out. 12 of the bill. Or do you wish to go ahead and explain it Lets wait just for a moment so it can DAVIS No inaudible overlapping conversation--president The the Chair all right Ill go head and--the Chair recognizes Senator Davis on Floor Amendment 21. DAVIS --thank you Mr. President. This amendment would expand the photo IDs that would be deemed acceptable for purposes of identifying a voter at a voting precinct. It would expand the list to include a valid ID which is a photo ID that is issued by an agency or institution of the federal government agency institution or political subdivision of Texas or institution of higher education of Texas. I move JA_001324

13 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 13 of 55 J rj 336 LSB C 1SII adoption of Floor Amendment Number 21. FRASER Members the a--again I just just havent seen this amendment. This really falls under the same category of the discussion I had with Senator Ellis is that this puts a huge burden on the the election administrator of identifying you know i--is this identification correct and also it doesnt clarify that if the the ID would have a the persons ad--address on this and this this would be--put an undue burden on the the election official. I would now move to table Amendment 21. close. PRESIDENT The Chair recognizes Senator Davis to DAVIS Thank you Mr. President. I would simplyargue that the photo s that are issued by agency or institutions of our federal government of agencies institutions or political subdivisions of Texas or institutions of higher education in Texas are trustworthy photo IDs and should be allowable for purposes of voting. I would respectfully ask a vote of no on the motion to table Floor Amendment Number 21. PRESIDENT Thank you Senator Davis The issue before us is the motion to table by Senator Fraser. Senator Davis opposes. The Secretary will will call the roll. SECRETARY Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar Hinojosa Huffinan. Jackson. Lucia. Nelson. Nichols. Ogden. Patrick. Rodriguez. Seliger. Shapiro. Van de Putte. Watson. Wentworth. West. Whitmire. Williams and Zaffirini. background conversation--president Gavel Its really not that inaudible There being 19 ayes and 11 nays the motion to table prevails. The following floor amendment Floor Amendment Number 22 by Senator Lucio. The Secretary will read the amendment. SECRETARY Floor Amendment Number 22 by Lucio is Page 19 in the packet. PRESIDENT The Chair recognizes Senator Lucio to explain Floor Amendment 22. LUCIO Thank you Mr President. Members under Senate Bill 14 all forms of photo identification must be current. I certainly understand the rationale for that but my concern is for those who happen to have birthdates that fall around election time and dont have a chance to update their license by voting day. It would be a shame to turn anyone away from their right to vote simply because they havent had a chance to renew ID or drivers license. Further many seniors use expired drivers license as forms of ID but do not keep them current because they no longer drive. This amendment would do two things. Number one allow a 60- JA_001325

14 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 14 of 55 J rj 336 LS CD1SIU day window on expired IDs and number two allow senior citizens over the age of 65 the use of an expired ID indefinitely for the purpose of voting. Move adoption. PRESIDENT Thank you Senator Lucia. The Chair recognizes Senator Fraser the bill sponsor. FRASER Members this amendment if youre youre reading it the first three sections of this bill is the bill Ive been referencing several times of Senator Lucia that ther--the next amendment if you look at Amendment Number 19 thats behind it is this same bill with the last two sections struck. The next amendment I do plan to accept. This particular amendment because theyve added Section 4 and Section 5 is not acceptable. Basically what were saying is that anybody thats over 65 as soon as they sic license expires they could use that the rest of their life even though the potential ares sic that their the picture on the the license would not identify them well at all. Also anyone over 65 as you know there they still can vote by mail. So I would Im intending to take the next amendment this particular amendment I would now move to table Amendment Number 22. close. PRESIDENT The Chair recognizes Senator Lucio to LUCIO Mr. President Members an--governor Dewhurst appointed me to Chair a committee an Interim Committee on Aging. I was privileged to to Chair that Committee. And I was happy very pleased to to work with Senator Huffman in that Committee Elliott Naishtat Representative Naishtat and Representative King along with some seniors. Now we spent some of us spent all the interim you know quite frankly studying issues in our state dealing with our aging population. We heard over and over about the difficulty of accessing services in our state by these seniors. I you know thi--this amendment really is is for them and and I certainly would appreciate it if you would vote with me in voting no on the motion to table. before Thank you Mr. President. LUCIO Thank you Members. PRESIDENT Thank you Senator Lucio. The issue us is the motion to table by Senator Fraser opposed by Senator Lucia The Secretary wil--will call the roll. SECRETARY Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Huffman. Jackson. Lucio. Nelson. Nichols. Ogden. Patrick. Rodriguez. Seliger. Shapiro. Van de Putte. Watson. Wentworth. Gavel SECRETARY West. Whitmire. Williams PRESIDENT There being 19 ayes and 11 nays the motion to table prevails. Gavel The Chair lays out the following Floor Amendment Number 23 by Senator Lucio. The Secretary will read the JA_001326

15 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 15 of 55 JGHrj 336/FLSB CD1SII amendment. SECRETARY Floor Amendment Number 23 by Lucio. Its Page 20 in your packet. PRESIDENT The Chair recognizes Senator Lucia to explain Floor Amendment 23. LUCIO Thank you Mr. President. Its similar to the amendment that I just explained so I wont go into it in detail. But this amendment simply allows a 60-day window on expires sic IDs so that those citizens in our state that have a birthday close to election time may not be penalized and have the right to vote. LUCIO I think its acceptable to the author I heard him say that just moments ago. PRESIDENT The Chair recognizes Senator Fraser on Floor Amendment Number 23. FRASER Members this is the amendment weve referenced several times. I think the argument is very valid that if someone a drivers license expires they didnt realize it before theyre going to a--lucio vote that we would give em a 60-day window so that if the drivers license had been valid but had not expired earlier than 60 days before the presendation sic to be used we think that is a would be a considered Thank you Senator. FRASER --valid license. It is acceptable to the author. PRESIDENT Members the issue before us is the adoption of Floor Amendment Number 23 by Senator Lucio which is supported by Senator Fraser. The Secretary will call the roll. SECRETARY Birdwell. Carona. Davis adeuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. PRESIDENT Gavel There being 30 ayes and no nays Floor Amendment Number 23 is adopted. The the Chair lays out the following Floor Amendment Number 24 by Senator Hinojosa. The Secretary will read the amendment. SECRETARY Floor Amendment Number 24 by Hinojosa. Page 21 in your packet. PRESIDENT The Chair recognizes Senator Hinojosa to explain Floor Amendment 24. HINOJOSA Thank you Mr. President and Members. This amendment is pretty simple straightforward. It would allow the county commissioners court to authorize the county elections administrator or county clerk to issue a voter registration with a photo ID. With the technology we now we have now days it would be easy it would be permissive not mandatory and it would allow the counties to their own to be able to merge a voter registration card with a photo. to do. And on JA_001327

16 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 16 of 55 JGHrj 336 LS SII/ PRESIDENT The Chair recognizes Senator Fraser on Floor Amendment 24. FRASER Members this is one we actually spent a lot of time looking at tryin to make sure we understood the the potential impact. If a county decided to exercise this all the burden of the expense would go on them and so its highly unlikely that they would do this or they would be seeing this as a a a a non funded imp--or implied mandate. We think that the the option that we have offered is a free card that comes from DPS will be a superior option. And I I will now move to table Amendment Number 24. PRESIDENT The Chair recognizes Senator Hinojosa on Floor Amendment 24. HINOJOSA Yeah Senator Fraser I just do not understand why you you all would not give the discretion to a county able to implement a voter registration system where they to be could take the picture of the voter. If the if our objective is to make sure that we eliminate voter fraud what is more secure than to allow a county to te a picture of the person who is being issued a voter registration card and be merged with a card itself. The technologys available its permissible and the expense would be minimal. And Im somewhat taken aback that that you will not allow the discretion and those decisions be made by the local counties. At some point were gonna have to improve our system where other countries are ahea--ar--are ahead of us in that sense that they have voter registration cards with the pictures on em and certainly we can do the same where were sic much much more advance technology than they do. PRESIDENT Members the issue before us is the is a motion to table by Senator Fraser opposed by the by the author of the amendment Senator Hinojosa. The Secretary will call the roll. SECRETARY Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Huffman. Jackson. Lucio. Nelson. Nichols. Ogden. Patrick. Rodriguez. Gavel SECRETARY Seliger. Shapiro. PRESIDENT There being 19 ayes and 11 nays the motion to table prevails. Gavel The Chair lays out the following floor amendment Floor Amendment Number 25 by Senator Gallegos. The Secretary Gallegos. will read the amendment. SECRETARY Floor Amendment Number 25 by SECRETARY Its Page 22 in your packet. All right this this is a good one here probably only cost about a hundred million dollars. PRESIDENT Im gonna go head and recognize Senator Gallegos as this is being passed out. The Chair recognizes Senator JA_001328

17 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 17 of 55 J rj 336 LS CD1SIII Gallegos to explain Floor Amendment 25. GALL EGOS Thank you Mr. Chairman. Mr. President Members this amendment Members requires at least one DPS office if youve got if everybodys got their map of Houston thats being passed out that processes drivers license and personal ID cards be established for every 15 voting precincts in the area. Members theres a almost theres over 900 precincts in Harris County and almost 800 of those are inside the city. And what this does this would not close down any existing offices but as you see inside the 610 Loop on the map that I have passed out there there theres none. Zero DPS centers in that area. And I Members mo--mobility and personal transportation tend to be directly related to really personal wealth and citizens that ta--o--of of Texas in my district are below that and are less likely to have a vehicle and are less likely to have a drivers license. And studies have shown the minorities are most likely to be without transportation and as a result this bill imposes additional economic burdens in the form of transportation costs on the class of Texans that is tha--at the worst position to deal with such cost. Now if this bill mandates every Texan to have a photo ID then we should at least have access especially in Houston and I didnt pass out Dallas almost similar. Dallas only has one Senator West. Yeah. but Dallas is GALLEGOS Fort Worth Senator Davis d--d--has none inside and in and in for the for those from San Antonio you only have two and those are at the edge of the outlying areas. So I mean this is this is I mean seeing is believing and you see the map of Houston Texas here. Theres no DPS centers inside 610. Those of you who that have travelled to Houston that know Houston inside the 610 is huge. I just I just pointed out theres almost 800 precincts in this area. And no DPS centers in this area. If were gonna mandate to Texans that they must have a photo ID then we we deserve to to pre--provide them with access whether it be Houston Dallas Fort Worth San Antonio or anywhere. Senator Urestis area those area we must provide them with access. And at least on a bus route where they can at least pay a bus to get to that location. Not a single one in Houston Texas Members is the map that Im showing you in front of you. And for that Im asking that that my amendment an--and Im I move on my amendment Mist--Mr. Chairman Mr. President. PRESIDENT Thank you Senator Gallegos. The Chair recognizes Senator Fraser on Floor Amendment 25. FRASER Senator we we appreciate your your your effort to move forward on this and we wanna make sure that ev--every person given the right to get an an--and an--and vote but I dont think Senate Bill 14 is the appropriate vehicle to debate DPS operations. I think its probably likely to be with your suggestion. Theres a probably a large expense connected with it that would have to be looked at by the Finance Committee. And based on that I would move to table Amendment 25. JA_001329

18 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 18 of 55 JGHrj 336IFLSB CD 1SIU GALLEGOS M--Senator Fraser I just showed you a map that theres if youre saying I mean can I speak mis--mis--would he withdraw his motion while I can ask him a question PRESIDENT a-- atd he say PRESIDENT Senator Fraser the request by Senator--S Senator--PRESIDENT --Gallegos. FRASER --i--if if possible I would prefer leaving the tabling the motion. You youll be able to to close but I Ive been if--gos But youre au--youre standing up here a long time. If bill. the author of the table to FRASER --I--I will I will remove my motion to allow for a question as long as its a short question. Laughter PRESIDENT Se--Senator Gallegos youre recognized to ask Senator Fraser a short question. FRASER Laughter If that is possible. Laughter GALL EGOS Senator Fraser youre saying that Senate Bill 14 will take care of all the photo the free photo IDs inside the 610 Loop is that what youre saying I just want a yes or no. that--fraser I I dont I dont think I said that. GALLEGOS Well bu--i mean you just said I--E S --Senate Bill 14 FRASER --I said that we have Im sure that everyone will be able to get ID to be able to vote. And I said that the the concept youre talking about appears to have a large expense with it and I thi--this also said this is not the proper venue this bill is not the proper venue to debate the the DPS budget. I think probably the Finance Committee would be glad for you to bring this issue forward with them. And the the but is not the venue to to mandate especially when we d--we havent done a study of the cost. GALLEGOS Senator Fraser I disagree with you there. This bill this bill mandates that every that all Texans have a photo ID have some form of photo ID and get a free photo ID from a DPS center. Thats in this bill not on the Finance bill. I mean i--if were gonna if were gonna mandate in this bill then this is the place and time to debate the issue. You know I mean if were gonna mandate to Texans that they will get a free ID photo from a d--fro DPS center then i--th--i mean this is the bill that i--that is is telling them that theyre gonna do it. And and since this JA_001330

19 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 19 of 55 J rjm/336iflsb cd1 I JANUARY was declared emergency I dont think that I have to wait for to for Senate Finance to meet an--th--th--where the emergency is now and were looking at the access for the mandate that were gonna put on these Texans and especially per the map that Im showing you. You know in in Houston Texas theres none theres z--zero theres zero S centers in here. This is the place and the time your bill to debate this issue and and youre telling me that Senate Bill 14 will suffice on access to my folks or these other cities that dont have any DPS centers inside inside the City of Houston or Dallas or Fort Worth or San Antonio that Senate Bill 14 youre youre saying Senate Bill 14 will will puly--wil--wi--will suffice to these Texans that live inside the 610 Loop in Houston Texas is that what youre saying FRASER I think Ive answered that question. GALLEGOS Kay. FRASER Mr. President I will now move to table Amendment 25 please PRESIDENT The Chair recognizes Senator Gallegos to close. GALLEGOS Thank you Mr. President. Members I think Ive explained you know yall see the map. I dont have to seeing is believing and thats it. You know theres sic no DPS centers inside the 610 Loop an--and those of you that live in Houston and sit on this Floor know what Im talking about. I ask to vote no on the motion to table. PRESIDENT The issue before us Ladies and Gentlemen is the motion to table by Senator Fraser opposed by Senator Gallegos. The Secretary will call the roll. SECRETARY Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Huffman. Jackson. Lucio. Nelson. Nichols. Ogden. Patrick. Rodriguez. Seliger. Shapiro. Van de Putte. Watson. Wentworth. West. Whitmire. Williams and Zaffirini. PRESIDENT Gavel There being 19 ayes and 11 nays the motion to table prevails. The Chair lays out the following floor amendment Floor Amendment Number 26 by Senator Gallegos. The Secretary will read the amendment. SECRETARY Floor Amendment Number 26 by Gallegos. Page 23 in your packet. PRESIDENT The Chair recognizes Senator Gallegos to explain Floor Amendment 26. GALLEGOS Thank you Mr. President. Members this Member this this is a similar amendment Members that requires S that a process sic drivers license and personal ID cards as required by this bill--inaudible background conversation GALL EGOS --a vo--t--that a per--that a place to JA_001331

20 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 20 of 55 JGHrjm1336IFLS CD 1SII/ go and ac--a--th--acess to to a a free photo ID would be within five miles of of public transportation. And i--it basically targets the elderly and and I believe requiring S offices to be within five miles of public transportation is a fair i--is is fair and lelient sic Senator Fraser and i--it th- just all this does is try to ensure that the ID requirement stipulated by Senator by Senate Bill 14 are reasonable and obtainable by people with no means of transportation and I move adoption Mr. President. PRESIDENT Thank you Senator Gallegos. The Chair recognizes Senator Fraser on Floor Amendment twe--inaudible overlapping conversation--ser Members my my response is the same as it was on the last amendment. I dont think this a proper appropriate place to debate this the DPS operations. We dont know the cost of this and I think this this would not be the place to debate this issue. I would now move to table Amendment 26. PRESIDENT Chair recognizes Senator Gallegos to clo--legos Thank you Mr. President. Id I once again Members I mean ifwere gonna mandate I mean we gotta give these people avenue of how to get to to a S center. And I I vote I ask you to vote no on the motion to table. PRESIDENT Members the issue before us is the motion to table by Senator Fraser opposed by Senator Gallegos. The Secretary will call the roll. SECRETARY Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris Hegar. Hinojosa. Huffinan. Jackson. Lucio. Nelson. Ni--Nichols. Ogden. Patrick. Rodriguez. Seliger. Shapiro. Van de Putte. PRESIDENT Gavel There being 19 ayes and 11 nays the motion to table prevails. Gavel The Chair lays out the following floor amendment Floor Amendment Number 27 by Senator Lucio. The Secretary will an--and Senator Ellis the Secretary will read the amendment. SECRETARY Floor Amendment Number 27 by Lucio and Ellis Page 24 in your packet. PRESIDENT Chair recognizes Senator Lucia to explain Floor Amendment 27. LUCIO Thank you Mr. President. Members this amendment requires the county clerks office to give notice to women receiving a marriage certificate that voter identification requirements have changed and therefore a change in last name should remain consistent on photo IDs and voter registration information. The reason I have filed this amendment is simple. Research indicates that 11 percent of Americans surveyed by the Brennan Center for Justice do not have government-issued photo IDs such as drivers license or state-issued nondriver photo ID. According to the US Census data that amounts to greater than 21 million JA_001332

21 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 21 of 55 JG rj 336/FLS CD1SII LEGISLATIVE SESSION 24 citizens in our country. Additionally election workers under this bill will be te--will be tasked with verifying identity something very new to Texas election workers. Senator Fraser how how do you think an election worker with arguably little training will handle a situation in which a woman either recently married or recently divorced presents her photo ID at the poll and her name now reads differently from whats listed on the ro--of voter roll That is something that we need to consider as we look at this amendment. I move adoption Mr. President at this time. PRESIDENT The Chair recognizes Senator Fraser on Floor Amendment 27. FRASER Thank you Senator Lucia for bringing this issue forward. Actually theres a procedure that we go through that is already being done. When a person gets married and it changes the name the first thing theyre gonna have to do is to get a new drivers license. When they go to change the drivers license they would be asked if they wanted to update their voter registration materials. What youre asking is an unfunded munda--mun--unfunded mandate on the county clerks office and weve already got this covered in current procedures. I would move to table Amendment 27. PRESIDENT The Chair recognizes Senator Lucia on Floor Amendment 27. LUCIO Mr. President Members since this bill does not adequately fund training of election workers or outline a procedure for election workers to follow then I feel at the very least we should warn all newly married women before they change their names. And I would be remiss at this time and if I didnt include that I really do commend Senator Davis for all the positive work youve done on these women issues on this issue. Members I ask you to vote against the tabling motion at this time. Thank you. PRESIDENT Thank you Senator Lucio. Members the issue before us is the motion to table by Senator Fraser opposed by Senator Lucia. The Secretary will call the roll. SECRETARY Birdwell. Carona. Davis. Deuell. Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa. Hufftnan. Gavel SECRETARY Jackson. PRESIDENT There being 19 ayes and 11 nays the motion to table prevails. Gavel The Chair lays out Floor Amendment Number 28 by Senator Ellis and Senator Lucio. The Secretary will read the amendment. SECRETARY Floor Amendment Number 28 by Ellis Lucio and Rodriguez. Page 25 in your packet. PRESIDENT The Chair recognizes Senator Ellis on Floor Amendment 28. JA_001333

22 Case 1:12-cv RMC-DST-RLW Document 208 Filed 06/20/12 Page 22 of 55 J rj 336 LS SII ELLIS Mr. President Members if this is the one I I think it is this is the one for same-day registration at polling places. It would allow our constituents to register to vote at a polling place on election day. Currently the process of voter registration can be confusing inefficient and unduly burdensome preventing citizens from exercising one of their more fundamental rights voting. As a result Texas has one of the lowest percentage of voter turnout. In general elections we were 46th in the last cycle. If this bodys gonna make the policy decision to require a photo identification at the voting booth then its an effort to move the dismal rankings a bit higher for us in a positive direction in terms of people who do vote by making it easier to get a photo identification and also to register to vote on election day. LUCIO Mr. President. PRESIDENT Thank you Senator Ellis. Senator Lucie for what purpose do you rise LUCIO Will Senator Ellis yield for some questions PRESIDENT Senator Ellis yield ELLIS Yes. I will. LUCIO Senator Ellis I I commend you for this amendment. I e--all of us I I guess worked on on certain issues dealing with elections and all. And I think this is one of the most important ones that Ive dealt with over the years. But Senator I understand that 12 states 12 states have some form of election day registration. I also understand those states have consistently boasted higher voter turnout than nonelection day registration states over for over 25 years. Why do you think that is ELLIS I I think Senator its because it makes it easier for people to participate particular sic when youre makin a change like this. This bill that is different from the bill you and I have filed over the years cause its a bit more restrictive. Were not saying let people vote register to vote on every day during early voting just on election day. And those states that that do this as example tell you how much higher they are. In 08 it was 15.6 percent of the voters in Minnesota who registered on election day to vote 16.5 percent Wyo--Wyoming and 13.5 percent in Idaho and I think 12 percent in Wisconsin registered on election day to vote. So it does work. LUCIO Well my staff told me that in 2008 the top six turnout states ranked by the percentage of eligible voters who voted were Minnesota Wisconsin New Hampshire Maine Colorado and Iowa. All but Colorado allowed e--election day registration. Why do you think those states had the highest turnout ELLIS Well of course in part because of the convenience and and also with young people in particular some folks dont just dont focus until the last week of an election. Theyve been bombarded JA_001334