North Carolina: Republicans want lawmakers, not governor, to decide who oversees elections | News & Observer

Republicans want legislative leaders to appoint all members of the state elections board, a power now held by the governor. State House GOP leaders on Friday afternoon introduced a proposal to change the North Carolina Constitution to create an eight-member State Board of Elections and Ethics Enforcement with all members chosen by the House speaker and the Senate leader. Voters would have to agree in November to change the constitution if the proposal wins approval in the House and Senate. Democratic Gov. Roy Cooper and Republican legislators have been fighting over the makeup of the board since Cooper's election in November 2016. In the waning weeks of the administration of Republican Gov. Pat McCrory, the Republican-led General Assembly put forward their first proposal to change the makeup of the elections and ethics boards.

North Carolina: Thwarted before, GOP wants photo ID mandate | Associated Press

North Carolina legislative Republicans on Thursday advanced their goal of permanently requiring voters to show photo identification — a proposal previously thwarted this decade by veto and federal judges who declared a similar mandate racially discriminatory. Legislation to allow the state's voters to decide whether to place a photo identification directive in their state's constitution cleared a General Assembly committee on party lines. By taking the route of enshrining it the North Carolina Constitution, Republicans believe the idea would get permanent legal backing while putting an idea popular with their base on the November ballots in what's expected to be a challenging political campaign for them. The bill's next stop is the House floor in the final days of this year's legislative session.

North Carolina: Voter ID constitutional amendment advances in House | News & Observer

A controversial change proposed for the state constitution gained momentum Thursday as Republican legislators demonstrated their continued commitment to requiring voters show photo identification at the polls. Voters in November would be asked if photo ID for in-person voting should be a constitutional requirement. Legislators would have the power to make the rules, which they could do any time after the election. As they voted to move the proposal to a vote of the full House, Republicans in a House committee knocked down two Democratic proposals, one of which was to wait until next year to write the photo ID rules. Democrats hope to win enough seats in the November election to eliminate Republicans' supermajorities in next year's session.

North Carolina: Senate overrides Cooper vetoes of judicial district, election bills | Winston-Salem Chronicle

Republican legislators are moving to try to override Democratic Gov. Roy Cooper’s vetoes, this time on legislation redrawing judicial districts in some of North Carolina’s counties and election security. The North Carolina Senate on Tuesday, June 19, voted to override Gov. Roy Cooper’s vetoes of two bills – Senate Bill 486, which tightens election security measures to protect against the threat of outside influence, and Senate Bill 757, which makes changes to judicial districts in four counties. House Republicans would vote either Wednesday or today. Democratic Gov. Roy Cooper’s vetoes of two bills adds more uncertainty to already unusual state elections this fall for judges and in races where new political parties want to field candidates. Cooper announced late Friday – less than three hours before a 10-day state constitutional deadline – his decision to block a pair of measures.

North Carolina: Judge rules for lawmakers: No primary elections for judges | News & Observer

In the first year in decades that all judicial races will be partisan races, North Carolina will not have primary elections that allow the political parties to winnow the names of candidates who will appear on ballots this fall. U.S. District Judge Catherine Eagles notified attorneys for the Democratic Party and North Carolina lawmakers on Tuesday that she plans to rule for the legislators in a lawsuit filed late last year. The North Carolina Democratic Party contended that abolishing primary elections for judicial races violated its right to assemble and choose a candidate of its choice to appear on the ballot.

North Carolina: Is North Carolina partisan gerrymander case up next after Supreme Court ‘punts’ on Wisconsin and Maryland? | McClatchy

The U.S. Supreme Court sidestepped making a landmark ruling on Monday about when gerrymandering for partisan gain goes too far, leaving some legal analysts to speculate that North Carolina could have the next case to test that question. The justices issued long-awaited rulings in Wisconsin and Maryland cases that could have had a profound stamp on legislative redistricting in the states and reshape American politics. Instead, the justices sent both cases back to lower courts for further proceedings, a move largely described on social media as "a punt." That means the next case in the queue for the Supreme Court is the North Carolina lawsuit questioning whether the Republican-controlled General Assembly went too far in 2016 when it redrew the state's 13 congressional districts in response to a court order. A panel of federal judges ruled in January that North Carolina's congressional districts were unconstitutional partisan gerrymanders, and an appeal awaits action by the Supreme Court.

North Carolina: Republicans Are Back With a New Plan for Strict Voter Laws | The New York Times

The last time Republicans in the North Carolina Legislature enacted a law making it harder for some of the state’s residents to vote, a federal court said the statute targeted African-American voters “with almost surgical precision,” and threw it out. That was last year. Now the legislators are back with a new set of election proposals, and an unconventional plan to make them stick. Shortly before midnight on Wednesday, Republican senators unveiled legislation that would eliminate the final Saturday of early voting in state elections, a day that typically draws a large share of black voters to the polls. That followed a Republican proposal last week to place a constitutional amendment on the November ballot that would require all voters to display a photo ID before casting votes.

North Carolina: Gov. Cooper vetoes judicial district, election bills | Associated Press

Democratic Gov. Roy Cooper's vetoes of two bills adds more uncertainty to already unusual state elections this fall for judges and in races where new political parties want to field candidates. Cooper announced late Friday - less than three hours before a 10-day state constitutional deadline - his decision to block a pair of measures.n One adjusts many judicial election districts in Wake, Mecklenburg, Pender, and New Hanover counties. The other in part prevents the Green and Constitution parties this year from nominating for the November ballot any losing candidate primaries for the same office. The new parties didn't participate in last month's primaries and are holding nominating conventions. The Constitution Party of North Carolina was holding its convention Saturday.

North Carolina: This early voting plan would take away a popular day. It’s speeding through the North Carolina House | News & Observer

popular day for early voting would be eliminated under a proposal that supporters say is meant to bring uniformity to the 100 North Carolina counties' one-stop voting schedules. The proposal to change early voting has bipartisan support and is speeding through the legislature. It was made public late Wednesday night and received a preliminary vote of approval in the state House on Thursday afternoon. House Speaker Tim Moore moved on to a vote before lawmakers were able to signal that they wanted to talk about the proposal. "Aren't we going to debate the bill?" Rep. Marcia Morey, a Durham Democrat, could be heard asking while House members were voting.

North Carolina: If Voter ID Referendum Passes, Can It Survive A Legal Challenge? | WFAE

A bill filed by Republican legislative leaders last week would let voters decide whether to add a constitutional amendment to require photo IDs at the polls. A federal court shot down a previous attempt at Voter ID laws in North Carolina. If the question gets on the ballot this fall and passes, would it stand up to a legal challenge? Legal experts say there's nothing inherently unconstitutional about Voter ID laws - 34 states have them. The issue is the motivation behind the laws. “What makes them unconstitutional is if they're adopted with an intent to discriminate against a particular racial group, or racial groups,” Duke University Law School professor Guy Charles said.

North Carolina: These candidates lost the election but might get a do-over. Some want to stop them. | News & Observer

State Rep. Beverly Boswell was defeated in a bitter primary just weeks ago, but members of a new party want to make sure that she and other defeated candidates will be able to try again in November if they choose. Those options could close if the legislature includes what's called a "sore loser" provision in an election law. State law prevents candidates who lose primaries from running for the same office that same year as write-in candidates. The new proposal would extend the prohibition to defeated candidates running as members of the Green Party or Constitution Party. The Green Party won state recognition this year and the Constitution Party is expected to make it. Members of the Constitution Party delivered petitions to the state elections board Wednesday with enough signatures, they said, to earn official recognition as the state's fifth party. The Constitution Party would join Democrats, Republicans, Libertarians, and Greens.

North Carolina: As a guard against hackers, Wake County will stop using modems to transmit election results | News & Observer

Waiting is agony on election nights for voters eager to see who won, and now people in Wake and a few other counties who are used to speedy reporting of local results are going to have to sit longer in suspense. The State Board of Elections told Wake, Harnett and three small elections offices in western North Carolina to stop using modems to transmit vote totals from their tabulators into the state system after the polls close. In an a atmosphere of heightened election security, modems have been identified as potential hacker targets.

North Carolina: Judge: Libel case over double-voting accusations to continue | News & Observer

Four North Carolina voters can pursue their libel lawsuit against allies of former Gov. Pat McCrory and a Virginia law firm that tried to help the Republican politician's unsuccessful effort to disqualify votes and win re-election in 2016, attorneys learned Tuesday. Superior Court Judge Allen Baddour notified attorneys he's decided to allow the four plaintiffs to continue their claims against the Pat McCrory Committee Legal Defense Fund, the Holtzman Vogel Josefiak Torchinsky law firm and four of the Warrenton, Virginia-based firm's attorneys. The McCrory allies helped mount a last-ditch effort to sway a close election for governor by accusing voters in 52 counties of double voting and other misdeeds. The voters from Guilford and Brunswick counties sued after being falsely accused of felony voting crimes like casting ballots in multiple states.

North Carolina: Judges won’t halt North Carolina county’s legislative elections | Associated Press

North Carolina trial-court judges refused Friday to delay state legislative elections in and around Raleigh next month while litigation challenging several House districts continues. A three-judge panel declined to halt the May 8 primary for at least four Wake County House races because voting is already happening. The decision also likely preserves the use of those and surrounding Wake districts in the November general election. General Assembly boundaries have been redrawn since last summer by Republican legislators and federal courts, the result of other lawsuits. In the latest case, state NAACP, League of Women Voters of North Carolina and other groups and voters argued the GOP-controlled General Assembly went too far last August when lawmakers altered four Wake House districts.

North Carolina: Federal appeals court backs skipping judicial primaries in North Carolina | Greensboro Bews & Record

Federal appellate judges affirmed on Monday their earlier decision blocking a lower court’s order that would have reinstated primary elections this year for statewide judicial offices. A three-judge panel of the 4th U.S. Circuit Court of Appeals vacated a Jan. 31 order by U.S. District Judge Catherine Eagles that effectively required 2018 primaries for statewide judgeships that had been waived by a new state law. The Republican-led General Assembly passed the law in 2017 to cancel judicial primaries during the 2018 election cycle while it considers plans to overhaul the state judiciary, including appellate, superior and district courts.

North Carolina: Elections ethics power struggle: Roy Cooper appoints board | News & Observer

Many voters in North Carolina fill in ballots on Election Day, slide them into voting machines, maybe pick up an “I voted” sticker on the way out of the polling place, watch for the results and think it’s all over. But the 2016 elections in North Carolina showed how much can happen after the last ballot is cast. There was a post-election campaign after Democrat Roy Cooper defeated Republican Pat McCrory in a narrow 10,277-vote victory, with voter challenges and recount petitions filed across the state. It wasn't until a month later that McCrory acknowledged he lost. The monthlong election aftermath from two years ago provides insight into one of the power struggles going on between the Republican-led General Assembly and Cooper. The state elections and ethics board has been in limbo for much of the past year as Cooper has turned to the courts to overturn attempts by lawmakers to have greater sway in who's appointed to it.

North Carolina: Cooper to Appoint North Carolina Elections Board This Week | Associated Press

North Carolina Gov. Roy Cooper will appoint members to a combined state elections and ethics board this week, even while he continues to fight in court over the legality of the board's latest iteration. Cooper's office announced the decision Wednesday, two days before a new law approved by Republicans last month creating a nine-member panel is supposed to take effect. The Democratic governor has sued GOP legislative leaders three times — the latest lawsuit coming Tuesday — over legislation creating different versions of the joint board. The first lawsuit was filed in December 2016, just before Cooper got sworn in. A state board administering elections and campaign finance laws has been vacant since last June while the constitutionality of the combination board has been litigated. While election board staff performed their duties, policy decisions got delayed and contested municipal election results had to be settled by judges.

North Carolina: Cooper agrees to appoint Board of Elections | WRAL

Gov. Roy Cooper announced Wednesday that he'll make appointments to a long-delayed new State Board of Elections and Ethics Enforcement this week while simultaneously continuing to fight the Republican-mandated changes to the board in court. The appointments would allow the organization, which has staff but no appointed board, to clear a backlog of work ahead of this year's elections. Among other things, the board appoints county boards of elections. Those local boards oversee election logistics, including approving early voting sites and certifying election equipment. Twenty-five of North Carolina's 100 counties, including Wake and Cumberland counties, do not have functioning boards because they have too few members. Cooper's announcement was made as part of a press release titled "Governor's Office Comment on GOP's Continued Effort to Rig Elections."

North Carolina: Battle over state elections board rages on | WRAL

Two days before a bill fixing problems with state class sizes was set to become law, Gov. Roy Cooper's administration on Tuesday filed a legal challenge to a provision of the measure dealing with the state elections board. The request for a temporary restraining order is the latest shot in a long-running war between the Democratic governor and Republican legislative leaders over the elections board that even predates his inauguration. In a special December 2016 session, Republican lawmakers created an eight-member State Board of Elections & Ethics Enforcement that would be evenly divided between Republicans and Democrats. The elections board has traditionally had five members, with the majority belonging to the governor's party.

North Carolina: Dozens of local elections boards paralyzed weeks before primaries | WRAL

With primaries two months away, North Carolina's election system remains in legal limbo, and a court order issued Monday scrambled the situation even more. Twenty-five of the state's 100 counties, including Wake and Cumberland counties, have no functioning elections board to settle questions of polling locations and early voting hours. Each of those counties has only two members on its elections board. They were allowed to function by a state Supreme Court order last summer while wrangling over the makeup of the state elections board played out in court. That wrangling dates to a December 2016 law that merged the State Board of Elections and the State Ethics Commission into an eight-member panel evenly split between Democrats and Republicans. County boards, under that law, were expanded from three to four members, again evenly divided by party.

North Carolina: GOP defendants protest $124K bill from election map special master | Greensboro News and Record

Republican legislative defendants in North Carolina’s racial gerrymandering case say state taxpayers should not have to pay the full $124,125 bill from a special master in the federal lawsuit. A lawyer for state Senate Leader Phil Berger (R-Eden), state House Speaker Tim Moore (R-Kings Mountain) and other current and former GOP officeholders contends Stanford law professor Nathaniel Persily’s services were never really needed as special master. “The taxpayers of North Carolina should not be responsible for the fees and expenses incurred by the special master in this matter because it was not necessary for the court to employ a special master to fix the constitutional deficiencies,” attorney Phillip Strach of Raleigh said in his written objection to the bill Persily submitted recently.

North Carolina: Another redistricting lawsuit filed in North Carolina — this one over Wake election districts | News & Observer

Organizations that have challenged North Carolina redistricting plans are going back to state court over the General Assembly’s redrawing last year of election districts — this time with a new lawsuit challenging four state House districts in Wake County. The challengers are arguing that lawmakers violated the state constitution when they redrew Wake County election districts mid-decade when federal judges had not ordered them to do so to correct other districts ruled to be racial gerrymanders.

North Carolina: Confusion over election districts could have consequences | Fayetteville Observer

Fayetteville resident Fred Cutter knows his representative in the state House for years has been Marvin Lucas. This year? He’s not so sure. Not that Cutter would vote for the Spring Lake Democrat — “I’m about as blood-red Republican as you can get,” Cutter said. But confusion over North Carolina’s scrambling of district boundaries since 2016 could be a major theme of this year’s crucial midterm elections. Even as candidates began filing to run last week, neither congressional nor state legislative districts are certain, due to unsettled court battles over the role of race and politics in district boundaries. The courts may order more changes to districts, which could throw campaigns into chaos ahead of the May primaries or November election.

North Carolina: Why is election board fight still unsettled? | Associated Press

Democratic Gov. Roy Cooper won a big legal decision over Republican legislative leaders last month when the N.C. Supreme Court sided with him in his lawsuit seeking to nullify a GOP-backed restructuring of the State Board of Elections & Ethics Enforcement. Since then, GOP legislators decided to pass the third piece of legislation in 15 months that alters the board’s makeup. Cooper railed against those latest changes but announced that he will let them become law anyway. The litigation isn’t over, and candidate filing this year began last week still without any seated elections and ethics board members.

North Carolina: Federal judges: No primaries for appeals court seats | Associated Press

Primaries for North Carolina state appellate court seats won’t happen this year if a federal appeals court decision stands. A panel of judges Friday reversed a lower court decision that would have required the primaries, giving a victory to Republican state lawmakers. The GOP-controlled General Assembly voted last October to cancel the 2018 primaries for both trial court and appellate court seats. GOP lawmakers argued it made sense to hold only one general election for each seat this year because the House and Senate were debating changes to election districts for the trial court seats. They said they didn’t want to create confusion if new districts were approved after candidate filing was completed under previous boundaries.

North Carolina: After one more ruling, North Carolina candidates begin filing | Associated Press

Hundreds filed for congressional, legislative and county positions Monday as the North Carolina candidate period opened, but not before yet another court ruling was issued from reams of pending litigation seeking to alter more districts or filing dates. Hours before election board offices statewide began accepting candidate forms at noon, a panel of state trial judges denied a motion by Democrats and voting rights g roups seeking changes to more than a dozen state House districts in and around Raleigh and Charlotte. The decision against those who originally sued over General Assembly maps approved in 2011 and favoring Republicans means districts in those areas approved last summer by the GOP-controlled legislature are being used for primary and general elections this year.

North Carolina: Supreme Court Issues Partial Stay in North Carolina Voting Case | The New York Times

The Supreme Court partly granted on Tuesday a request from North Carolina Republicans to block a voting map drawn by a federal court there. That court had interceded after finding that a map drawn by state lawmakers for the General Assembly had relied too heavily on race and had violated state laws. The Supreme Court’s order, which was brief and gave no reasons, partly blocked that decision while the justices consider whether to hear an appeal in the case. The justices seemed to split into three camps: Justices Clarence Thomas and Samuel A. Alito Jr. said they would have granted the entire request; Justices Ruth Bader Ginsburg and Sonia Sotomayor said they would have granted none of it; and Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Stephen G. Breyer, Elena Kagan and Neil M. Gorsuch appeared to take the middle position.

North Carolina: After Supreme Court ruling, gerrymander challengers turn to state court for relief | News & Observer

Democrats and voters who filed the first lawsuit this decade challenging North Carolina lawmakers’ redistricting plans went back to state court on Wednesday, seven years after challenging the 2011 election maps, seeking relief from districts they contend still weaken the overall influence of black voters. The request comes the day after the U.S. Supreme Court partially granted a request from Republican lawmakers to block election lines drawn by a Stanford University law professor for four state House districts in Wake County and one House district in Mecklenburg County while they appealed a three-judge panel’s ruling. Republicans contended in the federal case that some of the legal questions should have been settled in state court because they involved questions about violations to the state constitution, but now they are speaking out against further proceedings there.

North Carolina: GOP responds to voters’ claims of bias in legislative redistricting saga | Greensboro News & Record

Attorneys for North Carolina’s legislative defendants urged Chief Justice John Roberts of the U.S. Supreme Court to issue a stay of a lower-court order that recently imposed new state House and Senate districts in the Greensboro area and several other parts of the state. They said a three-judge panel based in Greensboro mistakenly bought into arguments by civil rights activists that the lawyers for three, current Republican leaders and one former GOP legislator called illogical and unconstitutional. “In sum, plaintiffs did not properly challenge the 2017 law ... and their federal law objections rest on the Orwellian claim that the legislature engaged in racial gerrymandering by not considering race,” lead lawyer Paul Clement and several others said in the petition filed Monday.

North Carolina: Elections board lawsuit: Republicans drop nominees | News & Observer

In the wake of a state Supreme Court ruling, the North Carolina Republican Party is withdrawing nominations it made in April to the combined State Board of Elections and Ethics Enforcement. NCGOP General Counsel Thomas Stark sent a letter to Gov. Roy Cooper on Thursday to tell him the party “rescinds its pending nomination” because “the Governor no longer has authority to appoint to this board until further action by the General Assembly or the trial court.”