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Texas Asks Appeals Court to Uphold Voter Photo ID Law

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(AP Photo/Matt Rourke, File)

(AP Photo/Matt Rourke, File)

KEVIN McGILL, Associated Press

NEW ORLEANS (AP) — Supporters and opponents of a Texas law requiring specific forms of photo identification for voters faced close questioning in a federal appeals court Tuesday on whether the law was meant to discriminate against minorities and whether there are ways to remedy it.

The U.S. Justice Department and others oppose the law as an unconstitutional burden on minority voters. The state of Texas says the law was aimed at preventing fraud. The state is appealing a federal district judge’s ruling last October that struck down the law.

Judge Catharina Haynes, one of three judges hearing the Texas case at the 5th U.S. Circuit Court of Appeals, suggested in questioning that the matter should perhaps be sent back to the district court for further consideration. She noted that the Texas Legislature currently has several bills that that could broaden the number and types of ID voters could use to cast ballots.

Haynes also noted that a statewide election took place in Texas last year under the requirements of the new law, which was being enforced while the appeal was pending. “Shouldn’t we look at the last election?” she asked Erin Flynn of the Justice Department.

Flynn argued otherwise. “Turnout number doesn’t capture the deterrent and suppressive effect that a voter ID law has,” she said.

The law requires voters to provide one of seven kinds of photo identification to cast a ballot. Four are available from the state Department of Public Safety — driver’s licenses, personal IDs, concealed-handgun permits, and election identification certificates. Federally issued passports, citizenship certificates and military IDs also are acceptable.

Opponents said the old law required an ID — with or without a photo — such as a voter registration card, a utility bill, a bank statement or a paystub that identified the voter and the voter’s address. They said fraud was rare and actual incidents of voters showing up at a poll pretending to be someone else were virtually nonexistent. They also complained about the exclusion of some photo IDs, including federal or state employee IDs and college student IDs.

Haynes asked whether “a more nuanced” remedy than striking the whole law might be called for — for instance, allowing the use of a voter registration card, which does not contain a photo, but stopping short of going back to the old law’s allowing of utility bills or bank statements.

Both sides stuck to their arguments, with Scott Keller of the Texas Solicitor General’s Office arguing that the law does not discriminate. Lawyers for the Justice Department and other opponents of the law said the ruling of U.S. District Judge Nelva Gonzales Ramos was sound.

Tuesday’s arguments also focused on the intent of Texas legislators who passed the ID law. The law’s opponents, and Ramos’ opinion, noted Republican state Rep. Todd Smith’s statement during debate on the bill that it was “common sense” that those lacking the required IDs would most likely be minority voters.

Haynes questioned both sides about what is needed to prove discriminatory intent.

Keller said there is nothing in the record to suggest an attempt to prevent minority voting. Haynes said there was unlikely to be an on-the-record statement acknowledging such a purpose. “You seem to be looking for some confession — in an email: ‘Let’s discriminate,'” she told Keller.

However, she also said opponents of the law seemed to employ “the rankest speculation” in assigning motives to the bill’s proponents.

Another issue touched on in Tuesday’s arguments: Whether fees involved in obtaining proper IDs constitute an unconstitutional “poll tax.”

That includes a possible $2 fee that some might need to get a birth certificate, which is required to get one form of free ID. The law-backers stress that there is no direct cost for the free ID and add that Texas allows mail voting, which they say negates the poll-tax argument.

The 5th Circuit’s Chief Judge Carl Stewart and U.S. District Judge Nannette Jolivette Brown of New Orleans also were on the panel. There was no indication when they would rule.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Barbara Lee

Congresswoman Barbara Lee Reflects on Historic Moment Less Than One Week from Election Day

Congresswoman Barbara Lee (CA-12) today released a piece on Medium reflecting on Vice President Kamala Harris’ historic presidential campaign 50 years after Lee worked on the presidential campaign of Congresswoman Shirley Chisholm.

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Congresswoman Barbara Lee
Congresswoman Barbara Lee.

Congresswoman Barbara Lee (CA-12) today released a piece on Medium reflecting on Vice President Kamala Harris’ historic presidential campaign 50 years after Lee worked on the presidential campaign of Congresswoman Shirley Chisholm: 

“As Election Day approaches, I’m reflecting on a few dates and numbers that mean something to me.

Zero: the number of Black members in Congress 56 years ago. Next Congress, we hope to swear in over 60 members in the Congressional Black Caucus. 

Three: The number of Black women to ever serve in the United States Senate since the first Congress in 1789.

Two: The number of Black women that will be elected to the Senate this year alone if we do our job.

1972: The first time a Black woman, Congresswoman Shirley Chisholm, ran for president in one of the major political parties of the United States.

Zero: the number of Black women to ever serve as president of the United States. 

IF we do the work, we can change that with President Kamala Harris.

As I reflect on what would be Congresswoman Chisholm’s 100th birthday next month, I could not help but remember that my first official involvement in U.S. politics was working for her presidential campaign in 1972.

Over 50 years later, I have been involved in every single campaign since. Shirley was my mentor — she was a bold visionary, a progressive woman who understood that working together in coalitions was the only way to make life better for everyone, to build an equitable society and democracy that lived up to the creed of “liberty and justice for all.”

The historic moment we are in today is not lost on me. I have had the privilege to have known Vice President Kamala Harris for over three decades. She, after all, is a daughter of the East Bay. She, like Shirley, truly is a fighter for the people.

And I know she can move our country forward in a new way. As a member of her National Advisory Board, I have campaigned across our country to help take her message, her legacy of service, and her “to-do list,” as she says, to voters who were almost starting to feel hopeless, but are now feeling hopeful once again, captured by the politics joy and the bright possibilities brought upon by a possible Harris-Walz administration.

Recently, I visited churches in North Carolina with members of the Congressional Black Caucus. The chair of our CBC political action committee, Chairman Gregory Meeks from New York’s fifth district, eloquently and powerfully presented a vision of what Dr. Maya Angelou wrote in her famous poem, “And Still I Rise:” “I am the dream and the hope of the slave.”

Meeks remarked that on Jan. 20, 2025, we will observe the birthday of our drum major for justice, Dr. Martin Luther King Jr.

He also described that on Jan. 20, IF we do the work — if we knock on doors, if we make those phone calls, if we spread our message — standing on the podium at the U.S. Capitol will be the first Black speaker of the House of Representatives, Hakeem Jeffries.

In the wings will be over 60 members of the Congressional Black Caucus. Holding Frederick Douglass’ Bible will be the first African American woman appointed to the highest court of the land, Supreme Court Justice Ketanji Brown Jackson.

She will be swearing-in the first Black woman to serve as president, Kamala Harris, in front of the shining white dome of the United States Capitol, built by enslaved Black people.

In front of her and beyond, the tens of millions of Black men and women who voted for her. The world will witness the hope and the dreams of our ancestors ushering in a new way forward.

As I sat in front of the stage this week at the Ellipse in Washington, D.C., as Vice President Harris delivered remarks with the Oval Office behind her, I could not help but feel that our country was ready for this historic moment.

We are not only voting for a Black woman as Commander in Chief of the wealthiest and most powerful country in the world. We are definitively stating that we will not allow the clocks of freedom and justice to be turned back.

We are voting for our ancestors’ hopes and dreams. We are voting for the generations that will come after us, long after we are gone. We are voting for Vice President Kamala Harris.

Let’s get this done.

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Bay Area

Pamela Price Appoints Deputy D.A. Jennifer Kassan as New Director of Community Support Bureau

On Monday, District Attorney Pamela Price announced Deputy District Attorney Jennifer Kassan as the new director of the Community Support Bureau. Kassan has over 25 years of experience as an attorney and advisor for mission-driven enterprises including benefit corporations, low-profit limited liability companies, nonprofits, cooperatives, hybrid organizations, investment funds, and purpose trusts.

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Alameda County Deputy District Attorney Jennifer Kassan. Courtesy photo.
Alameda County Deputy District Attorney Jennifer Kassan. Courtesy photo.

Special to The Post

On Monday, District Attorney Pamela Price announced Deputy District Attorney Jennifer Kassan as the new director of the Community Support Bureau.

Kassan has over 25 years of experience as an attorney and advisor for mission-driven enterprises including benefit corporations, low-profit limited liability companies, nonprofits, cooperatives, hybrid organizations, investment funds, and purpose trusts.

Working in the DA’s new administration since 2023, Kassan was most recently assigned to the Organized Retail Theft Prosecution team.

Kassan has a master’s degree in City Planning from the University of California, Berkeley. She received a National Science Foundation Fellowship from Yale Law School, and graduated from Yale Law School in 1995. She earned her B.A. in Psychology with a minor emphasis in Ethnic Studies from UC Berkeley.

Kassan’s education, extensive legal background, list of notable accomplishments and impressive resume includes helping to found and lead multiple organizations to support community wealth building including:

 

  • Community Ventures, a nonprofit organization that promotes locally-based community economic development,
  • the Sustainable Economies Law Center, a nonprofit that provides legal information, training, and representation to support sustainable economies
  • the Force for Good Fund, a nonprofit impact investment fund
  • Crowdfund Main Street, a licensed portal for regulation crowdfunding
  • Opportunity Main Street, a place-based ecosystem building organization that supports under-represented entrepreneurs and provides education about community-based investing.

In addition, Kassan served as an elected member of the City Council of Fremont, California from 2018 to 2024, and on the Securities and Exchange Commission Advisory Committee on Small and Emerging Companies.

In 2020 she was named to the list of World-Changing Women in Conscious Business by SOCAP Global.

“We are excited to see Jenny accept the role as the new leader for the Community Support Bureau,” said Price. “She brings a wealth of talent, experience, and a vision to expand our office’s engagement with community groups and residents, that will level-up our

outreach programs and partnerships with local organizations with the aim of promoting crime prevention.

“We thank Interim CSB Director Esther Lemus, who is now assigned to our office’s

Restitution Unit, for her hard work and a great job fostering positive relationships between the DAO and the community.”

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Bay Area

Oakland Mayor Sheng Thao’s Open Letter to Philip Dreyfuss, Recall Election’s Primary Funder

Oaklanders Defending Democracy, a group opposing the recall of Oakland Mayor Sheng Thao, shared an open letter she wrote to Philip Dreyfuss of Farallon Capital, a coal hedge fund. According to Thao’s supporters, “Dreyfuss is the primary funder of the recall effort to remove her from office. He has not explained his motivations or answered one question about why he’s funding the recall or what his agenda is for Oakland.

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Oakland Mayor Sheng Thao,
Oakland Mayor Sheng Thao

Special to The Post

 

 

Publishers note: Oaklanders Defending Democracy, a group opposing the recall of Oakland Mayor Sheng Thao, shared an open letter she wrote to Philip Dreyfuss of Farallon Capital, a coal hedge fund. 

 

According to Thao’s supporters, “Dreyfuss is the primary funder of the recall effort to remove her from office. He has not explained his motivations or answered one question about why he’s funding the recall or what his agenda is for Oakland.

 

“All we know about him is his firm has invested over $2 billion in coal since 2022. Farallon Capital is a global hedge fund with $39 billion capital under management, headquartered in San Francisco, the supporters say.

 

The effort to recall Mayor Sheng Thao was built on top of an argument about a crime wave, pinning the blame for it on a newly elected Mayor. Now that crime has dropped massively, recall proponents are left with no compelling argument.

Oct. 30

Dear Philip Dreyfuss,

We haven’t met. As you know, I’m the Mayor of Oakland, elected in 2022 to serve and protect this city. Since stepping into office, I’ve tackled rising crime, homelessness, and budget challenges head-on, working tirelessly for Oakland’s future.

You are a hedge-fund manager and coal investor who doesn’t live in Oakland who is trying to buy our city government. But the people didn’t elect you, they elected me to protect them from people like you.

Shortly after my term began, you launched a campaign to remove me from office, pouring in nearly $500,000 of your own wealth. We’ll know the outcome of your campaign on Nov. 6, but let’s be clear about what’s at stake.

Since I took office, crime has dropped over 30%—we’re on track for less than 100 homicides for the first time since 2019, with 15,000 fewer crimes overall.

We’ve invested hundreds of millions into affordable housing, modernized our 911 system, streamlined construction permitting, and are fighting to make Oakland a safer and cleaner city.

If your recall succeeds, Oakland will see four mayors in just five years, another election for mayor the following year and a whopping $10 million cost to taxpayers. In other words, chaos. None of this will impact you because you don’t live here.

Oaklanders deserve to know who you are. I looked into your record and found that the hedge fund you help manage, Farallon Capital, has invested over $2 billion in coal since 2022.

For years, Oakland has stood tall against coal money threatening the health of West Oakland, Chinatown, Jack London and downtown.

Did you know that life expectancy in West Oakland is 7.5 years lower than the County average? Or that our children suffer from asthma at a rate twice as high as the rest of the County?

Philip, instead of trying to use your wealth to hijack our democracy and create chaos in our city you could have put your money where your mouth is.

Instead of investing in coal you could have invested in our young people—created scholarships for our college-bound kids, funded apprenticeships for those who want to learn a trade or helped rid our schools of lead.

Instead, you chose to divide us while you try to buy us. But I’m here to tell you, Philip, on behalf of the 450,000 residents of my city that Oakland is not for sale. NO to coal. NO to chaos. And NO to your selfish and self-serving recall.

Oakland Mayor Sheng Thao, City Hall, Oakland

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