Judges have rejected Gov. Roy Cooper’s attempts to block a change in the partisan control of elections boards while his appeal on an earlier decision awaits consideration in court. The decision, released Thursday, is the latest in an ongoing power struggle between the Democrat in the executive branch and the Republicans at the helm of the General Assembly.
The U.S. Supreme Court declined on Thursday to speed up returning to North Carolina its rulings in the case of nearly 30 legislative districts that have been declared illegal racial gerrymanders. The one-sentence denials could make it harder for a lower federal court to assemble a workable plan to hold otherwise unscheduled elections this fall under redrawn boundaries. Now it won’t be until the end of June for the justices’ judgments to be issued to the three-judge court in Greensboro. Lawyers for more than two dozen voters who successfully got 28 House and Senate districts thrown out for needlessly packing too many black voters in them wanted the judgments issued immediately. The timeline is important because attorneys for voters who sued want the lower court to act quickly on directing legislators to redraw maps and deciding whether a special election should be held. Now it’ll be another two weeks before the three judges formally receive them and act accordingly.
As legislative leaders rejected Gov. Roy Cooper’s call for a special session on redistricting last week, Senate Majority Leader Harry Brown held up a map of the Senate district Cooper represented in the 1990s. The map showed Nash County — Cooper’s home — with a jagged swath extending north into Halifax County and a C-shaped territory through Wilson and Edgecombe counties. “I don’t think anybody could draw a map quite like this one,” said Brown, a Jacksonville Republican. “This one is about as bad as it gets, and this happens to be our governor’s map in 1990 that he drew.” … So what was Cooper’s role in redistricting during his time in the legislature? The maps Brown showed off were approved by the legislature along party lines in January 1992. At the time, Cooper was still in his first year in the Senate, having moved over from the House when the senator in his Nash County district died in office.
Associated PNorth Carolina Democrats and allies continued to press Republican leaders Monday to redraw legislative maps quickly after the U.S. Supreme Court affirmed last week that nearly 30 districts are illegally racially gerrymandered. Last Monday, the nation’s highest court upheld the lower court decision of three federal judges who originally tossed out the districts in August. The lower court can’t act until formally getting the case back from the Supreme Court, but the judges wrote Friday that they would “act promptly” on when new maps should be drawn and whether a special election is necessary this fall. Still, Democratic Gov. Roy Cooper said Monday that new “maps should be drawn this month and an election held before next year’s legislative session. If the legislature doesn’t do its job soon, the courts should.”
If North Carolina legislators really want to end the legal quagmire that redistricting has become, they have plenty of options at their fingertips. A half dozen bills submitted this session in the state House and Senate offer pathways to what their sponsors depict as a less politicized process, capable of eliminating the alleged racial gerrymandering that has caused so much heartburn during the last six years. Choices on the table include turning the process over to nonpartisan bureaucrats, computer programmers and former judges. Or legislators could crank up a study commission to chart their escape from redistricting purgatory. But the potential remedies are all languishing in committee while successful lawsuits by aggrieved voters and activist groups force legislators to redraw voting maps dating to 2011, even as the decade’s end lurks just around the corner … when it’s almost time to begin a whole, new round of redistricting linked to the outcome of the next U.S. Census in 2020.
The three federal judges who could decide whether North Carolina will have special elections this year in state legislative races issued notice Friday that they plan to act quickly. The memorandum comes four days after the U.S. Supreme Court issued a ruling unanimously affirming that 28 of North Carolina’s districts used to elect members to the state Senate and state House of Representatives are illegal racial gerrymanders that diluted the overall power of black voters. The challengers of the 2011 redistricting plan submitted a request on Thursday to the three-judge panel asking for quick resolution to fix the gerrymandered districts.
The U.S. Supreme Court on Monday affirmed a lower court ruling that found 28 North Carolina legislative districts to be illegal racial gerrymanders that diluted the overall impact of black voters. But the justices did not agree with the panel of three federal judges who decided that new maps should be drawn and special elections should be held in 2017 to correct the district lines approved by the Republican-led General Assembly in 2011. The Supreme Court order states the panel had not provided a strong enough basis for why it took the extraordinary step of calling for special elections this year. The order sends the case back to the lower court for reconsideration.
The legislature on Thursday canceled Gov. Roy Cooper’s call for a special legislative session for redistricting, making the case that the governor’s move a day earlier was unconstitutional. The state House voted 71-44. The Senate followed suit without holding a vote, and Republicans cut off Democrats who sought to debate it on the floor. Cooper had issued a proclamation calling a 2 p.m. special session Thursday in an effort to pressure lawmakers to redraw state House and Senate election maps within the next two weeks. The proclamation called for the special session – running at the same time as the current legislative session – to run for 14 days or until new maps are passed.
A well-known North Carolina election-law attorney has filed a federal lawsuit against the state’s new Bipartisan State Board of Elections and Ethics Enforcement, arguing that it is unconstitutional because it discriminates against unaffiliated voters by denying them the same right to serve on elections boards as voters who are registered with a political party. The case was filed Tuesday in the Middle District of North Carolina. Under the legislation passed in April by state lawmakers and recently upheld by a three-judge panel, the new state board will consist of four Republicans and four Democrats, appointed by the governor from list of nominees submitted by the two state party chairs. In turn, the new board will select two Democrats and two Republicans, also nominated by their respective parties, to serve on each of the 100 county elections boards.
Both chambers of the General Assembly have agreed that they want to move up North Carolina’s future primary elections for president and statewide offices, but they may have to come up with a compromise about when that change would start. The House on Tuesday voted nearly along party lines to approve a bill that would permanently move the primaries from May to March. But the 71-46 vote came after members agreed to delay the bill’s start date until 2020. Two months ago, the Senate unanimously approved the permanent change, starting in 2018. The measure now returns to the Senate, where lawmakers must decide whether they want to accept the House amendment or force negotiations on a compromise.
A news report relying on a newly leaked National Security Agency document says Russian spies electronically infiltrated a company whose voting machine software is used in North Carolina and seven other states. The Russian government then sent “phishing” emails to more than 100 elections officials around the United States just before the election, in an attempt to gain their login credentials, according to the news report Monday by The Intercept investigative reporting website. VR Systems provides voting software used in 21 North Carolina counties, according to the N.C. State Board of Elections and Ethics Enforcement, whose executive director said the agency is “actively investigating reported attempts to compromise” the software.
The U.S. Supreme Court on Monday faulted North Carolina again in a racially tinged voting rights case, upholding a lower court’s ruling that Republican lawmakers mapped state legislative districts in a way that diluted the clout of black voters. But the justices also threw out another ruling by the same panel of three federal judges ordering special elections by November to fill the state legislature seats at issue in the dispute. The high court, with no recorded dissents, sent the case back to the lower court to reconsider whether special elections are necessary. The Supreme Court in January put the matter of special elections on hold while it decided whether to hear the state’s appeal of the ruling.
The Supreme Court has upheld a lower court ruling that struck down 28 state House and Senate districts in North Carolina because they violated the rights of black voters. But the justices rejected the court’s order to redraw the districts and hold a special election. The action by the justices Monday sends the matter back to the lower court, which could order new districts in time for the regular cycle of elections in 2018.
In Washington, efforts by this state’s Republicans to cement their political dominance have taken a drubbing this month. On May 15, the Supreme Court struck down a North Carolina elections law that a federal appeals court said had been designed “with almost surgical precision” to depress black voter turnout. A week later, the court threw out maps of two congressional districts that it said sought to limit black voters’ clout. And it could get worse: Gerrymandering challenges to other congressional and state legislative districts also are headed for the justices. But if North Carolina Republicans have been chastened in Washington, there is scant evidence of it here in the state capital. Quite the opposite: Hours after the court nullified the elections law, for example, party officials said they would simply write another.
North Carolina judges sided Thursday with Republican legislators who stripped down the election oversight authorities of Gov. Roy Cooper. A three-judge panel unanimously dismissed a lawsuit by Cooper, who challenged the law as unconstitutional. The judges offered no reasons for their decision, issued within hours of hearing lawyers for Cooper and the Republican-dominated General Assembly argue about the law. The lawsuit that is part of the ongoing political battle that began after Cooper narrowly beat incumbent GOP Gov. Pat McCrory last year. GOP lawmakers have sought to defang Cooper’s powers ever since. Cooper plans to appeal the ruling, said his spokesman, Ford Porter.
A challenge to election maps drawn in 2011 that has twice come before the N.C. Supreme Court will return for a third pass before a court that has shifted since its most recent review from a Republican to a Democratic majority. The U.S. Supreme Court on Tuesday issued an order that sent a lawsuit filed by former Democratic state legislator Margaret Dickson for another review by North Carolina’s highest court. The order tells the North Carolina justices to reconsider its 2015 decision upholding the maps in light of the U.S. Supreme Court ruling last week that found lawmakers relied too heavily on race when drawing congressional districts in 2011.
The U.S. Supreme Court has told North Carolina’s top court to reconsider a redistricting lawsuit filed by Democrats and allies after the nation’s highest court struck down congressional districts as racial gerrymanders. The justices issued a two-sentence order Tuesday in the redistricting case that challenged 2011 congressional and General Assembly districts.
Events from last fall might wind up being felt for years to come during North Carolina elections. The State Board of Elections has proposed several changes to elections rules following Hurricane Matthew and the contentious gubernatorial election. One proposed change would give the state elections director emergency authority to change election schedules following a natural disaster or a military conflict involving troop deployment.
North Carolina’s Republican-controlled legislature has worked steadily and forcefully during the past seven years to tilt the state’s election system in its favor, using voting restrictions, favorable district maps and a slew of new policies that lawmakers say are aimed at reducing voter fraud. But at every turn, Democrats and voting rights advocates have stymied their plans, dragging them to court and condemning the GOP actions as discriminatory against the state’s minorities. Instead of giving up — even after two major defeats this month in the U.S. Supreme Court — North Carolina’s Republican leaders are working to push the battle over the ballot box into a new phase.
If judges sign off on Republican legislation that curtails the new governor’s control over state and local elections, future balloting could be wracked with confusion, unethical politicians could go unpunished and campaign finance tricks could continue unabated, Democratic lawyers contend. A three-judge panel of state trial judges on Thursday starts hearing arguments about whether it’s constitutional for GOP legislators to end the century-old control governors had of overseeing elections now that a rival, new Democratic Gov. Roy Cooper, is in office.
The Supreme Court on Monday struck down two North Carolina congressional districts, ruling that lawmakers had violated the Constitution by relying too heavily on race in drawing them. The court rejected arguments from state lawmakers that their purpose in drawing the maps was not racial discrimination but partisan advantage. The decision was the court’s latest attempt to solve a constitutional puzzle: how to disentangle the roles of race and partisanship when black voters overwhelmingly favor Democrats. The difference matters because the Supreme Court has said that only racial gerrymandering is constitutionally suspect.
The big win for voting rights activists at the Supreme Court last week came with an equally big asterisk, and provided new reason for jittery liberals and civil rights groups to continue to fret about Chief Justice John G. Roberts Jr. The justices without noted dissent on May 15 said they would not consider reviving North Carolina’s sweeping 2013 voting law, which had been struck down by a lower court after years of litigation. A unanimous panel of the U.S. Court of Appeals for the 4th Circuit had ruled that the state’s Republican legislative leadership had intentionally crafted the law to blunt the growing political power of African American voters.
The U.S. Supreme Court on Monday declined to consider reinstating key provisions of North Carolina’s 2013 elections law overhaul, which includes a voter ID requirement and other restrictions on voting. Within hours of the release of the order, N.C. Republican Party leaders were calling for a new law that would incorporate some of the same ideas in a manner that they thought could withstand judicial review. The Supreme Court ruling gave few details about why the justices left a lower-court decision in place that struck down the restrictions, stating they “target African Americans with almost surgical precision.”
On Monday, the Supreme Court dealt a death blow to North Carolina’s notorious voter suppression law, refusing to review a lower court’s decision to block the measure for “target[ing] African Americans with almost surgical precision.” Republicans in the General Assembly, however, responded immediately with plans to introduce a new voter ID bill that mirrors the old, unlawful one. Democratic Gov. Roy Cooper, who opposes voter ID laws, estimates that GOP legislators will pass the bill within ten days. Due to a gerrymander that has been found to be unconstitutionally racist, Republicans dominate the state legislature and will likely override Cooper’s inevitable veto.
The Supreme Court on Monday announced that it would stay out of a fight over a restrictive North Carolina voting law. The move left in place a federal appeals court ruling that struck down key parts of the law as an unconstitutional effort to “target African Americans with almost surgical precision.” As is the court’s custom, the justices gave no reason for declining to hear the case. But Chief Justice John G. Roberts Jr. issued a statement noting that there was a dispute about who represented the state in the case and that nothing should be read into the court’s decision to decline to hear it. The law, enacted by the state’s Republican-controlled Legislature in 2013, imposed an array of voting restrictions, including new voter identification requirements. It was part of a wave of voting restrictions enacted after a 5-to-4 Supreme Court decision that effectively struck down a central part of the federal Voting Rights Act, weakening federal oversight of voting rights.
The U.S. Supreme Court shut the door Monday on North Carolina Republicans’ effort to revive a state law that mandated voter identification and scaled back early voting, provisions that a lower court said improperly targeted minority voters. The justices left in place last summer’s ruling by the 4th U.S. Circuit Court of Appeals striking down the law’s photo ID requirement to vote in person, which the court said targeted African-Americans “with almost surgical precision.” The measure, approved in 2013 by the state’s Republican-dominated legislature in 2013, also reduced the number of early-voting days and prohibited same-day registration during the early voting period. Supporters said the measure was necessary to crack down on voter fraud, but opponents said the changes discourage voting by black and Hispanic residents, who use early voting or same-day registration more than white voters and are more likely to lack photo ID.
State election officials say they’re taking steps to avoid some problems seen during November’s election by improving procedures for publishing vote counts and removing active felons from voter rolls. State Board of Elections executive director Kim Strach provided her post-election report to an N.C. House committee Thursday, highlighting some of the upgrades in the works. One Election Night problem was the late counting of early votes in Durham County. Because of difficulties reading the memory cards on voting machines, the county didn’t add early voting totals to online records until nearly midnight – even though the state’s website indicated that most of the county was finished reporting totals.
Three judges who already have ruled against one legislative attempt to take away control of elections oversight from the governor’s political party issued an order late Friday that temporarily blocks the latest law with that aim. Gov. Roy Cooper sued Phil Berger, leader of the state Senate, Tim Moore, speaker of the state House, and the state on Wednesday over a law that again calls for the merging of the state elections board and ethics commission and changes the makeup, staffing and function of the two groups. Legislators enacted the bill this week, overriding the governor’s veto of a law that would create an eight-member board to oversee the state’s elections that would be evenly divided between Republicans and Democrats. For the first two years, the board would keep the elections director selected during the Pat McCrory administration.
An elections watchdog is calling for a criminal investigation into whether the campaign of former North Carolina Gov. Pat McCrory, the N.C. Republican Party and their attorneys falsely accused hundreds of citizens of voter fraud in the wake of last year’s election, which McCrory narrowly lost to Democrat Roy Cooper. At the scandal’s center is Holtzman Vogel Josefiak Torchinsky (HVJT), a prominent Virginia law firm that filed most of the voter challenges. It’s headed by Jill Holtzman Vogel, a three-term Virginia state senator from Fauquier County who’s running for lieutenant governor in the June 13 primary. The firm’s other principals include a former chair of the Federal Election Commission and a former assistant attorney general for the U.S. Justice Department’s Civil Rights Division.
North Carolina judges on Friday put a temporary brake on renewed efforts by Republican state lawmakers to curtail the new Democratic governor’s control over state and local elections. A panel of state trial court judges voted 2-1 to stop a new law from taking effect Monday until a more extensive hearing on May 10. The panel’s majority said Gov. Roy Cooper was likely to succeed in challenging a law GOP legislators passed this week diluting the ability governors have had for more than a century to pick election board majorities. State Senate leader Phil Berger blasted the temporary restraining order, saying legislators had responded to the panel’s rejection of an earlier version by tailoring the revamped effort “exactly as they required.”