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Federal Appeals Court Rules Texas Voter ID Law Violates Voting Rights Act

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By Ryan Reilly and Samantha Lachman, Huffington Post

 

A federal appeals court on Wednesday found that Texas’ strict voter identification law violated Section 2 of the Voting Rights Act, in a victory for civil rights groups who had challenged the law.

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The U.S. Court of Appeals for the 5th Circuit did not make a determination as to whether Texas legislators had a discriminatory purpose in passing the legislation, and sent that issue back to a lower federal court to re-evaluate the determination that it was purposefully discriminatory. But the appeals court did find that the Texas voter ID law would have a discriminatory impact, in violation of the Voting Rights Act.

 

In declining to find Texas legislators had a discriminatory purpose in passing the legislation, members of the appeals court said they recognized “the charged nature of accusations of racism, particularly against a legislative body,” but they also acknowledged “the sad truth that racism continues to exist in our modern American society despite years of laws designed to eradicate it.”

 

Because it found a violation of the Voting Rights Act, the federal appeals court declined to decide the question of whether the strict voter ID law violated constitutional rights under the First and 14th Amendments, and dismissed the claims.

 

The court also suggested that a lower federal court could either reinstate voter registration cards as documents that allow someone to cast a ballot, or allow someone to sign an affidavit saying they do not have an acceptable form of identification before they were allowed to vote.

 

“We urge the parties to work cooperatively with the district court to provide a prompt resolution of this matter to avoid election eve uncertainties and emergencies,” the appeals court wrote.

 

Texas, which had originally been prevented from passing the law in 2011 under Republican Gov. Rick Perry, was able to quickly enact it in 2013 when the Supreme Court struck down Section 5 of the VRA, which required the state to submit any changes to its election laws to the federal government or in federal court.

 

In October, a federal judge called the law an unconstitutional “poll tax” that was intentionally discriminatory and an unconstitutional burden on the right to vote. But the Supreme Court allowed the law to be in effect for November’s midterm election, even though more than 600,000 Texans lacked a valid form of government-issued photo identification.

 

On Wednesday, the federal appeals court said that while the purpose of passing the legislation was to protect the sanctity of voting and avoid voter fraud, it questions whether there were “impermissible motives” as well.

 

It said it was “difficult” to evaluate the motives of dozens of people, but the opinion indicated that the court was surprised not to find any evidence of racial motives in private correspondence.

 

“While it is true that it is unlikely for a legislator to stand in the well of the state house or senate and articulate a racial motive, it is also unlikely that such a motive would permeate a legislative body and not yield any private memos or emails,” the court said.

 

Section 2 of the VRA prohibits election procedures that discriminate on the basis of race or color. In its ruling, a three-judge panel for the 5th Circuit Court of Appeals directed a lower court to further determine whether the GOP-controlled Texas legislature intentionally discriminated on the basis of race, and if so, what an appropriate remedy would be. Texas may now ask for its case to be heard before the entire 5th Circuit, or direct its appeal to the Supreme Court.

 

As the Brennan Center for Justice has documented, voters whose driver’s licenses had expired, or those who did not bring their licenses with them to the polls, were unable to vote in the midterm election and were forced to cast provisional ballots. Gun licenses counted as a valid form of photo identification, while student IDs from state universities did not.

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Oakland Housing and Community Development Department Awards $80.5 Million to Affordable Housing Developments

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Special to The Post

The City of Oakland’s Housing and Community Development Department (Oakland HCD) announced its awardees for the 2024-2025 New Construction of Multifamily Affordable Housing Notice of Funding Availability (New Construction NOFA) today Five permanently affordable housing developments received awards out of 24 applications received by the Department, with award amounts ranging from $7 million to $28 million.

In a statement released on Jan. 16, Oakland’s HCD stated, “Five New Construction Multifamily Affordable Housing Development projects awarded a total of $80.5 million to develop 583 affordable rental homes throughout Oakland. Awardees will leverage the City’s investments to apply for funding from the state and private entities.”

In December, the office of Rebecca Kaplan, interim District 2 City Councilmember, worked with HCD to allocate an additional $10 Million from Measure U to the funding pool. The legislation also readopted various capital improvement projects including street paving and upgrades to public facilities.

The following Oakland affordable housing developments have been awarded in the current round:

Mandela Station Affordable

  • 238 Affordable Units including 60 dedicated for Homeless/Special Needs
  • Award: $15 million + previously awarded $18 million
  • Developer: Mandela Station LP (Pacific West Communities, Inc. and Strategic Urban Development Alliance, LLC)
  • City Council District: 3
  • Address: 1451 7th St.

Liberation Park Residences

  • 118 Affordable Units including 30 dedicated for Homeless/Special Needs
  • Award: $28 million
  • Developer: Eden Housing and Black Cultural Zone
  • City Council District: 6
  • Address: 7101 Foothill Blvd.

34th & San Pablo

  •  59 Affordable Units including 30 dedicated for Homeless/Special Needs
  • Award: $7 million
  • Developer: 34SP Development LP (EBALDC)
  • City Council District: 3
  • Address: 3419-3431 San Pablo Ave.

The Eliza

  • 96 Affordable Units including 20 dedicated for Homeless/Special Needs
  • Award: $20 million
  • Developer: Mercy Housing California
  • City Council District: 3
  • Address: 2125 Telegraph Ave.

3135 San Pablo

  • 72 Affordable Units including 36 dedicated for Homeless/Special Needs
  • Award: $10.5 million
  • Developer: SAHA and St. Mary’s Center
  • City Council District: 3
  • Address: 3515 San Pablo Ave.

The source of this story is the media reltations office of District 2 City Councilmember Rebecca Kaplan.

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Activism

Oakland Housing and Community Development Department Awards $80.5 Million to Affordable Housing Developments

In a statement released on Jan. 16, Oakland’s HCD stated, “Five New Construction Multifamily Affordable Housing Development projects awarded a total of $80.5 million to develop 583 affordable rental homes throughout Oakland. Awardees will leverage the City’s investments to apply for funding from the state and private entities.”

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Rebecca Kaplan, interim District 2 city councilmember. File photo.
Rebecca Kaplan, interim District 2 city councilmember. File photo.

Special to The Post

The City of Oakland’s Housing and Community Development Department (Oakland HCD) announced its awardees for the 2024-2025 New Construction of Multifamily Affordable Housing Notice of Funding Availability (New Construction NOFA) today Five permanently affordable housing developments received awards out of 24 applications received by the Department, with award amounts ranging from $7 million to $28 million.

In a statement released on Jan. 16, Oakland’s HCD stated, “Five New Construction Multifamily Affordable Housing Development projects awarded a total of $80.5 million to develop 583 affordable rental homes throughout Oakland. Awardees will leverage the City’s investments to apply for funding from the state and private entities.”

In December, the office of Rebecca Kaplan, interim District 2 City Councilmember, worked with HCD to allocate an additional $10 Million from Measure U to the funding pool. The legislation also readopted various capital improvement projects including street paving and upgrades to public facilities.

The following Oakland affordable housing developments have been awarded in the current round:

Mandela Station Affordable

  • 238 Affordable Units including 60 dedicated for Homeless/Special Needs
  • Award: $15 million + previously awarded $18 million
  • Developer: Mandela Station LP (Pacific West Communities, Inc. and Strategic Urban Development Alliance, LLC)
  • City Council District: 3
  • Address: 1451 7th St.

Liberation Park Residences

  • 118 Affordable Units including 30 dedicated for Homeless/Special Needs
  • Award: $28 million
  • Developer: Eden Housing and Black Cultural Zone
  • City Council District: 6
  • Address: 7101 Foothill Blvd.

34th & San Pablo

  •  59 Affordable Units including 30 dedicated for Homeless/Special Needs
  • Award: $7 million
  • Developer: 34SP Development LP (EBALDC)
  • City Council District: 3
  • Address: 3419-3431 San Pablo Ave.

The Eliza

  • 96 Affordable Units, including 20 dedicated for Homeless/Special Needs
  • Award: $20 million
  • Developer: Mercy Housing California
  • City Council District: 3
  • Address: 2125 Telegraph Ave.

3135 San Pablo

  • 72 Affordable Units including 36 dedicated for Homeless/Special Needs
  • Award: $10.5 million
  • Developer: SAHA and St. Mary’s Center
  • City Council District: 3
  • Address: 3515 San Pablo Ave.

The source of this story is media reltations office of District 2 City Councilmember Rebecca Kaplan.

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Alameda County

Oakland Acquisition Company’s Acquisition of County’s Interest in Coliseum Property on the Verge of Completion

The Board of Supervisors is committed to closing the deal expeditiously, and County staff have worked tirelessly to move the deal forward on mutually agreeable terms. The parties are down to the final details and, with the cooperation of OAC and Coliseum Way Partners, LLC, the Board will take a public vote at an upcoming meeting to seal this transaction.

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Alameda County Board of Supervisors Chairman David Haubert. Official photo.

Special to The Post

The County of Alameda announced this week that a deal allowing the Oakland Acquisition Company, LLC, (“OAC”) to acquire the County’s 50% undivided interest in the Oakland- Alameda County Coliseum complex is in the final stages of completion.

The Board of Supervisors is committed to closing the deal expeditiously, and County staff have worked tirelessly to move the deal forward on mutually agreeable terms. The parties are down to the final details and, with the cooperation of OAC and Coliseum Way Partners, LLC, the Board will take a public vote at an upcoming meeting to seal this transaction.

Oakland has already finalized a purchase and sale agreement with OAC for its interest in the property. OAC’s acquisition of the County’s property interest will achieve two longstanding goals of the County:

  • The Oakland-Alameda Coliseum complex will finally be under the control of a sole owner with capacity to make unilateral decisions regarding the property; and
  • The County will be out of the sports and entertainment business, free to focus and rededicate resources to its core safety net

In an October 2024 press release from the City of Oakland, the former Oakland mayor described the sale of its 50% interest in the property as an “historic achievement” stating that the transaction will “continue to pay dividends for generations to come.”

The Board of Supervisors is pleased to facilitate single-entity ownership of this property uniquely centered in a corridor of East Oakland that has amazing potential.

“The County is committed to bringing its negotiations with OAC to a close,” said Board President David Haubert.

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