This transcript is automatically generated
Fox News alert now on a federal court fight unfolding today over a -- ID law in Texas that's being blocked by the DOJ.
-- law requires voters to have government issued photo identification.
Back in March it's it's about to about eight may may need it back in March the Justice Department shot down that law.
On the grounds that they felt it -- discriminate against minority voters of the state fired back with a lawsuit against attorney general Eric Holder and that lawsuit in court today.
Joining me now Julie -- a formal legal counsel to the House Judiciary Committee and the democratic consultant who's worked in several high profile campaigns.
And so now they get their day in court there are two instances that's in which states are challenging Eric Holder.
For trying to stop their voter ID laws that South Carolina and Texas.
But there are over thirty states that are implementing these types of laws the differences down and certain states in the south the DOJ has -- give its approval before they can have these laws take place because of history -- -- history.
-- discrimination years ago.
-- you tell me the other side says.
There's no proof of just voter fraud there's no proof let's say you're trying to solve a problem that doesn't exist in a -- it's gonna disenfranchise.
One -- one -- doesn't disenfranchise minorities because the fact of the matter is.
That the way the voting systems are set up with the voter IDC's voter IDs are -- And there have been problems I mean -- I've talked about this before we Giuliani got better solutions than some of the legislators but the fact of the matter is this.
There has been fifty cases in Texas and over a hundred over the last ten years of the Department of Justice.
Have prosecuted involving voter fraud.
And look when you get pulled over -- you know what though it's speeding ticket was a police officer asked for your -- your driver's license if these IDs are available for freight.
Of course you want to know who's voting in I've been voting for a long time.
Since I was eighteen of 56 years -- eleven voting along time every time I've gone to vote I've been had to show like -- and I don't think that's it should be any different for anybody else they'll.
Texas and South Carolina are under these pre clearance reviews require -- some consent -- back in the 1960s.
And and we're now in 2012.
-- can speak to this there's -- I'll play in those emails we're gonna get from our viewers they're gonna say.
Voting is a privilege it's not a right I you have to show -- I thought I needed to drive cars and why should we set the bar high when it comes to.
Voting to casting a vote.
Well because you you have to assess -- -- mix -- in my -- you have to assess.
What benefit you're getting from and we look we have about ten to 20% of all registered voters do not have government issued IDs.
If that is often about twice as many four Hispanic and African Americans.
In many many jurisdictions as we discuss Megan.
You have these state offices that issue these government photo IDs are located hundreds of miles away from where residents may be and so you have the potential of disenfranchising.
Ten to 20%.
Of registered voters and what's the benefit you get four well in person voter fraud has been studied in Ohio it's been studied in Kansas.
It didn't exist in any of those studies.
As -- said the Justice Department has found -- hundred cases may be in the past decade.
Where we've seen in person voter fraud that's an exceedingly small number of cases and exceedingly small number of cases.
Even in the Indiana case that.
The court the Supreme Court -- said that the state of Indiana failed to show any evidence of in person voter ID.
This has been studied graduates are all over the country are having a big part of already -- this has been studied in state at all over the country.
The Justice Department has virtually no cases of voter fraud.
Other than that -- small handful in the last decade.
And so what you're getting is you're curing a problem that there's no evidence exists but the price of that has the potential -- a franchise meant.
Of tend to be just didn't name because it this report you could make it hasn't been out that the point that that meant -- interesting is it is.
But they're offering these free ID cards to help people you know who don't have an ID -- them get their idea then they can vote.
But the DOJ says what 81 of taxes is 254 counties.
Don't have offices for the people to get the idea so you know in the practical reality is your people -- And I didn't do a.
Yet there's -- -- provision -- -- it you're not gonna do it.
Hey look there to the voting is a privilege I'm reading it there are things you have to -- to vote and I think asking for identification to make sure you're the person that's actually casting the vote a specially -- had an -- in six districts that had decisions in races decided by less than fifty votes.
So -- this becomes very important for not just on the federal level but on the state level as well let me point one other thing -- that thinks -- important.
There isn't a cure provision you can actually go to the voting place not have the ID.
And casts a ballot and depending on the state you're give us or between six in ten days to get the ID.
So whether they need to have more IDs and -- -- locations available that you could argue about that but this idea that you can't vote is not true you actually can vote.
Even in a situation where that vote done that voter does not have an actual -- There's been -- -- wetlands -- let me ask you this magic because they say that even though the numbers are low on number any incidents of voter fraud that have been discovered they say that you know for every one they discover.
There's you know X number that -- went undiscovered.
Which justifies -- Texas is another State's concerns they say button but.
Yet you tell me whether whether it is and disparagement.
Didn't have to cast a provisional ballot Tuesday when as you can cast a provisional ballot that angle back improve.
They had the ID and a collision about when we come relative it irrelevant in a very very tight races so why isn't that -- -- solution.
You can cast a provisional ballot a lot of the studies on the provisional ballots have shown that you have a you there is a huge disincentive for people to vote.
And a barrier for people to vote because they then have to then go get there right -- they're gonna have to prove it and have to jump a lot of -- it's confusing to a voter.
When you -- these new laws and end to your question earlier.
Megan if but if all of these counties it was eighty somewhat counties don't have offices 81 -- issue are.
Yet they don't issue these voter ID these photo IDs.
And even in the places where they do have offices they're often open maybe five to ten hours a week.
It's just a huge distant it's just a huge barrier a huge disincentive for people to vote when in fact you're getting.
Nothing out of it there is no study there.
-- united -- -- that shows that we learned of the problem and it's your opponent Brian vote.
But just you and I -- you get a regular -- -- very different public if that's that that that's you and I are very different because but I don't really original article are you happy to -- it right whoa whoa whoa -- but we're not talking about you and BJ we're talking about people know but frequently let me finish the answer.
Frequently African American Hispanic who live in rural areas in Texas that don't -- -- places where they can get government issue IDs.
And the impact of this -- writing this tell these eligible voters that they can't vote the ultimate impact of around Indiana -- percent of voters won't be able to about it here if the quick response the fact of the matter and Julian I do official voter ID as you do Megan as well because most Americans.
That when you vote you have to show when I need to make sure -- of the citizen that's actually -- about if you want more places available that's one thing but to say that voter identification is unconstitutional.
Or is an impediment to voting nonsense -- -- rejected and I think they'll hopefully be the three judge panel will do it again.
Apple has said that they say they expect -- to wrap up pretty quickly so maybe we'll get -- results of our guys thank you as always.