North Carolina: Common Cause lawsuit over special session to limit Roy Cooper powers moves forward | News & Observer

A Superior Court judge rejected Tuesday a request from North Carolina’s lieutenant governor and legislative leaders to dismiss a lawsuit accusing them of violating the state Constitution when they hastily called a special session in December to consider laws that transform state government. Judge W. Osmond Smith III ruled instead that the lawsuit filed this spring by Common Cause and 10 North Carolina residents should be heard by a three-judge panel tasked with hearing any constitutional challenges to laws adopted by the General Assembly. The nonpartisan, good-government advocacy group contends that Lt. Gov. Dan Forest, president of the state Senate, Phil Berger, president pro tempore of the state Senate, and Tim Moore, speaker of the state House of Representatives, violated North Carolinians’ rights when they took up bills in a three-day session in December without laying out to the public what was on the agenda.

North Carolina: Lawmakers Consider Another Voter ID Bill | WUNC

In July 2013, North Carolina lawmakers passed the Voter Information Verification Act – known more commonly as voter ID.  It’s a controversial law that was ultimately struck down in federal court for being unconstitutional. Nearly four years later, state legislators are now working on another voter ID bill that would be taken to voters as a constitutional amendment, according to sources. Republicans widely support voter ID, and Democrats - making up a small minority - would likely not be needed to approve a measure. “We are a hundred percent committed to the idea of voter ID and we are still working out the logistics of what we believe to be the most sure-fired way to get  voter ID implemented that will withstand the inevitable challenges that will come from the left,” said David Lewis (R-Harnett), the Rules Chairman of the North Carolina House.  

North Carolina: Legislators: more than 65% of districts could change to correct racial gerrymanders | News & Observer

North Carolina lawmakers say they might have to change 116 of the state’s 170 state legislative districts to correct the illegal racially gerrymandered districts used to elect General Assembly members for the past six years. The private attorneys representing the legislators who were sued over the 2011 district lines offered that detail in federal court documents this week as one reason for opposing special elections this year. A month has passed since the U.S. Supreme Court affirmed a ruling of three federal judges who found 28 North Carolina legislative districts were drawn illegally to weaken the overall influence of black voters.

North Carolina: With elections board vacant, Cooper wants state Supreme Court to block board designed by GOP | News & Observer

North Carolina’s election oversight board has been vacant for more than a month, but the N.C. Supreme Court is poised to decide if Gov. Roy Cooper must make appointments to the new board designed by Republicans. Cooper last week asked the Supreme Court to block the law creating the State Board of Elections and Ethics Enforcement, which would be split equally among Republicans and Democrats – a change from the previous elections board, which was controlled by the governor’s party. Attorneys for House Speaker Tim Moore and Senate leader Phil Berger called on the court Monday to deny the request, and both the GOP legislative leaders and the N.C. Republican Party say Cooper needs to make appointments immediately.

North Carolina: Legislative leaders urge court to avoid special election | Associated Press

North Carolina Republican legislative leaders are re-affirming opposition to a special election this fall or winter for General Assembly seats, but say they're prepared to redraw districts for the scheduled November 2018 election. The lawmakers' attorneys responded Thursday to a Greensboro federal court seeking input about what to do after last month's U.S. Supreme Court ruling. Justices agreed nearly 30 districts are racial gerrymanders and should be thrown out. But the high court rejected the Greensboro court's order for a special election and wrote more work was needed evaluating whether it's necessary. The GOP leaders say they've already laid out a schedule to draw new maps by this November. They say accelerating the timetable could short-circuit public and legislative feedback on maps and could prevent orderly elections.

North Carolina: GOP plan to redraw judicial election maps withdrawn | News & Observer

The bill to redraw judicial districts in North Carolina will not advance this session, the legislation’s sponsor said Tuesday. Rep. Justin Burr, a Republican from Albemarle, told The News & Observer that House Bill 717 will be taken up when the General Assembly returns in a few months. That is when a special redistricting session could occur. Burr introduced the bill in a House committee on Monday, where it was approved and calendared for consideration by the full House on Tuesday. Democrats and some court officials said the bill was too significant to be rushed through at the end of session. On Tuesday, Burr said he thought he would have more time to advance the proposal. He said the governor vetoed the budget earlier than he anticipated, narrowing the time frame that the bill could be moved through both chambers. Legislative leaders say they anticipate ending the session as early as this week.

North Carolina: Redistricting skews North Carolina maps for Congress, General Assembly | News & Observer

North Carolina’s congressional and state House districts are among the most Republican-skewed in the country despite voter preferences that are relatively evenly split, according to an Associated Press analysis. The AP calculated the partisan advantage for North Carolina Republicans in the 2016 state and federal House races through a new statistical tool that’s designed to detect cases in which a political party maintained or increased its grip on power through how it drew voting districts. The measurement, known as the “efficiency gap,” has separately gained attention as a key argument in a pending Supreme Court case from Wisconsin that alleges partisan gerrymandering. It’s also cited by groups challenging the design of North Carolina’s congressional map, though the Republican defendants argue the measure shouldn’t be used as a legal standard. In the nationwide AP analysis, North Carolina had the highest efficiency gap – or greatest Republican advantage – among the roughly two-dozen largest states that determine the vast majority of Congress.

North Carolina: GOP wants new election maps for judges and prosecutors | News & Observer

A plan to redraw North Carolina’s court districts has emerged in the final days of the General Assembly’s session, and is on a fast track to clear the state House. Three election maps – for superior and district court judges and district attorneys – would be changed through a bill whose proponents say it would realign districts to better reflect population growth, geography and workloads. In some cases the maps create new, smaller districts and in other cases they add judges to existing districts.

North Carolina: Independent redistricting vote thwarted in North Carolina Senate | News & Observer

A long-shot attempt to force a vote on creating an independent redistricting commission in North Carolina became a little bit longer Thursday. A Raleigh state senator tried to start the process of forcing the bill he supports to a vote, but a procedural maneuver by legislative leaders will require Sen. Jay Chaudhuri to wait 10 days – and lawmakers’ regular session may be over by then. Senate rules allow members to file discharge petitions to dislodge bills that have been stuck in committees without action. The petition must be signed by at least two-thirds of the chamber. There are 35 Republicans and 15 Democrats in the Senate. The 10-day pause applies to when Chadhuri can start collecting signatures. Chaudhuri, a Democrat, read most of a prepared statement on the Senate floor giving notice of his intention to file a petition to bring Senate Bill 209 to a vote of the Senate. Chaudhuri and four other Democrats filed the bill nearly four weeks ago; it has not been taken up in a committee since then. It would establish a commission to redraw state legislative and congressional districts without partisan consideration. Common Cause and other groups have been pushing for the independent body for years.

North Carolina: Elections board without members until Governor makes appointments – but he’s suing | News & Observer

The board that oversees elections and government ethics in North Carolina has no members because Gov. Roy Cooper hasn’t appointed anyone as he continues his court challenge against the law merging the two boards. On Friday, the N.C. Court of Appeals rejected Cooper’s latest request to put on hold the law creating the State Board of Elections and Ethics Enforcement. That law was passed in a December special session of the legislature and revised in April in response to court rulings. Cooper’s lawsuit argues the change in the elections board violates the constitutional separation of powers.

North Carolina: U.S. Supreme Court won’t speed up North Carolina map redistricting | Associated Press

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.

North Carolina: Republicans blast Gov. Roy Cooper for 1990s redistricting plans, gerrymandering | News & Observer

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.

North Carolina: Governor, other Democrats press for new maps quickly | Associated Press

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."

North Carolina: Redistricting reform gets a cold shoulder in Raleigh | Greensboro News-Record

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.

North Carolina: Federal court leaves open possibility for special elections this year | News & Observer

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.

North Carolina: US Supreme Court affirms North Carolina legislative districts as racial gerrymanders | News & Observer

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.

North Carolina: Redistricting special session: House votes to cancel Gov. Roy Cooper’s call to draw new legislative maps | News & Observer

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.

North Carolina: Lawsuit seeks board seats for unaffiliated voters | WRAL

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.

North Carolina: Change could lead to compromise in push to move up primaries | Associated Press

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.

North Carolina: Elections officials investigating report of Russian hacking attempts | News & Observer

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.

North Carolina: U.S. Supreme Court again faults North Carolina on voting rights | Reuters

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.

North Carolina: Supreme Court Affirms North Carolina Redistricting Order | Associated Press

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.

North Carolina: Rebuked Twice by Supreme Court, North Carolina Republicans Are Unabashed | The New York Times

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 uphold law diminishing governor’s elections role | Associated Press

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.

North Carolina: Will third time be a charm for those who want North Carolina Supreme Court to invalidate election maps? | News & Observer

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.

North Carolina: Hurricane, vote challenges prompt push for changes to North Carolina election rules | WRAL

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: Battle over voting rights intensifies | The Washington Post

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.

North Carolina: Judges weigh law cutting governor’s elections oversight role | Associated Press

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.