North Carolina: Attorney General: Local Voter ID laws unconstitutional | NC Policy Watch
Attempts by the state legislature to pass local bills requiring voters in some, but not all, counties to produce photo identification at the polls would fail to meet the constitutional guarantee of equal protection, according to a recent analysis by the N.C. Attorney General’s Office.
The state Department of Justice, in a Nov. 23 advisory letter sent to Gov. Bev Perdue’s office, indicated that a strategy by GOP leaders to circumvent Perdue’s June veto of a voter ID bill would run into constitutional issues. Having individual counties ask for more stringent identification rules would create an unconstitutional scenario where voters in some counties face more hurdles to vote than in other areas.
“It is therefore our views that significant equal protection concerns would arise if voter identification requirements were established for some voters and not others based merely on their county of residence,” wrote Grayson Kelley, the chief deputy Attorney General, in the letter. He later added, “The enactment of local acts applying photo voter identification requirements in only certain counties would raise serious equal protection issues under both the United States Constitution and North Carolina Constitution.”