North Carolina: County elections chair discussed arming civilians at polls | USA Today

The highest appointed elections officer in Henderson County has explored deputizing civilians to patrol the polls on Election Day. At an Aug. 16 public meeting, Bob Heltman, chair of the Henderson County Board of Elections, discussed the idea of a “posse comitatus,” in which civilians would be deputized and armed to serve the sheriff. He said he asked the sheriff whether such a posse could patrol the polls, but he has since discovered the idea is unfeasible. “‘I said ‘have you heard of a posse comitatus? What’s the story?”” he said. “Well, the net result of all that is there’s no time to even try to do it.” Heltman, who was appointed to the board five years ago by the Republican party, said he discussed the idea as part of the board’s safety plan to prevent terrorism, but he has abandoned it.

North Carolina: State Republican Party seeks ‘party line changes’ to limit early voting hours | News & Observer

The N.C. Republican Party encouraged GOP appointees to county elections boards to “make party line changes to early voting” by limiting the number of hours and keeping polling sites closed on Sundays. NCGOP executive director Dallas Woodhouse emailed the request to Republican county board members and other party members on Sunday. The News & Observer obtained copies of the emails through a public records request. County elections boards are developing new early voting schedules in response to a federal court ruling that threw out the state’s voter ID law. In addition to revoking North Carolina’s photo ID requirement, the ruling requires counties to offer 17 days of early voting. The voter ID law limited early voting to a 10-day period, but counties were required to offer at least the same number of voting hours as they did during the 2012 election. The court ruling eliminates that floor on hours – meaning that counties can legally provide fewer hours and fewer early voting sites than they did in the last presidential election. Early voting schedules must be approved by the three-member Board of Elections in each county. Because the state has a Republican governor, two of three members on each board are Republicans, while one is a Democrat – generally appointees recommended by their party’s leadership. “Our Republican Board members should feel empowered to make legal changes to early voting plans, that are supported by Republicans,” Woodhouse wrote in his email to board members. “Republicans can and should make party line changes to early voting.”

North Carolina: Have Republicans Found a Way to Reinstate Discriminatory Voting Rules? | The Atlantic

Bill Brian Jr. already sounded weary, and the meeting hadn’t even started. It was 5 p.m. Wednesday at the county office-building, and a typically sleepy meeting of the county board of elections had turned into a marquee event. Around 100 people had shown up to hear the three-person commission decide how early voting would work, and the board had already been forced to move the meeting to a much larger space. Brian, the board’s chair, mentioned the “flood of emails” he’d received, and announced that he’d allow citizens to speak briefly. “Please try to be civil,” he said with a sigh. Over the next 40 minutes, a long line of county residents—including veteran activists, operatives, and assorted gadflies—stood up and delivered their thoughts on early voting. There were students who wanted polling locations on campus. One man wanted a location nearer to the bus terminal. Another railed against opponents of voter ID rules, describing them as “racist” for believing that blacks would be less able or willing to navigate them. The chair of the county Republican Party rose to say he didn’t care how much early voting there was, but pleaded for an end to Sunday voting, which he saw as an affront to God. Several others were just as insistent about the need for polls to be open on the Sabbath; others pointed out that some denominations kept different Sabbaths.

North Carolina: McCrory asks Supreme Court to restore voter ID law | News & Observer

Gov. Pat McCrory wants the U.S. Supreme Court to reinstate North Carolina’s voter ID law for the November election. The law, which requires voters to bring a photo ID to the polls, was thrown out by a federal appeals court ruling. Late Monday, McCrory announced that he has sent a formal request to Supreme Court Chief Justice John Roberts to stay the ruling while state leaders appeal the decision. “Allowing the 4th Circuit’s ruling to stand creates confusion among voters and poll workers and it disregards our successful rollout of Voter ID in the 2016 primary elections,” the Republican governor said in a news release. “The 4th Circuit’s ruling is just plain wrong and we cannot allow it to stand. We are confident that the Supreme Court will uphold our state’s law and reverse the 4th Circuit.” The McCrory administration hasn’t yet petitioned the Supreme Court to hear an appeal of the ruling, but it said it will submit one soon. A three-judge panel of the U.S. 4th Circuit Court of Appeals ruled last month that the 2013 voter ID law was passed with “discriminatory intent” and would “target African Americans with almost surgical precision.”

North Carolina: U.S. Supreme Court stance on North Carolina law to send signal on voting limits | Reuters

The U.S. Supreme Court’s handling of North Carolina’s long-shot bid to reinstate its contentious voter identification law will set the tone for the court’s treatment of similar cases that could reach the justices before the Nov. 8 elections. Voter identification laws were adopted by several states in recent years, generally driven by Republicans who said the laws were meant to prevent election fraud. Democrats have argued that the laws were meant to keep minorities, who tend to vote for Democrats, away from the polls. Civil rights groups have challenged the laws in court. The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals on July 29 invalidated the North Carolina law, ruling that it intentionally discriminated against minority voters.

North Carolina: North Carolina asks Supreme Court to restore strict voting procedures | The Washington Post

North Carolina on Monday asked the Supreme Court to restore most of its strict voting procedures for the November elections, despite a lower court’s ruling that the law intentionally discriminates against African Americans. The state said the ruling from the U.S. Court of Appeals for the 4th Circuit was unprecedented and that “there is no reason to believe that [the law] will have any detrimental effect on voters, minority or otherwise.” [Court strikes down North Carolina voting law as discriminatory] North Carolina brought in former Bush administration solicitor general Paul D. Clement to argue that it is too close to the election for courts to prohibit a system that was used in the state’s primary elections.

North Carolina: Could North Carolina’s super-sized precincts slow voting? | Associated Press

The popularity of in-person early voting in North Carolina has allowed officials to defer action on several hundred bulging precincts that otherwise would slow Election Day voting to a snail’s pace. Forty-eight percent of the state’s 6.6 million registered voters now live in voting precincts with at least 3,000 voters — an important threshold in a previous state study — compared to 43 percent four years ago, according to an election reform group’s analysis. More than one-quarter of voters are in precincts with at least 4,000 voters, most in urban or high-growth suburban counties. “We now have super-sized precincts in North Carolina,” said Bob Hall, executive director of Democracy North Carolina.

North Carolina: Federal panel strikes down North Carolina legislative districts | Associated Press

Federal judges on Thursday struck down nearly 30 North Carolina House and Senate districts as illegal racial gerrymanders, but will allow General Assembly elections to be held using them this fall. The decision by a three-judge panel comes six months after another set of judges struck down North Carolina’s congressional districts for similar reasons. Thursday’s ruling covering 19 House and nine Senate districts is yet another blow to the GOP lawmakers in North Carolina, which has seen several laws it enacted either partially or wholly overturned by the federal courts. The U.S. Supreme Court announced in June that it would hear the appeals of Republican state leaders in that case, where two majority-black congressional districts were thrown out. The previous map drawn in 2011 and still being challenged helped give the state GOP more seats within the congressional delegation in the swing state. The legislative maps, also approved in 2011, also helped Republicans pad their majorities in the two chambers after they took control of the legislature for the first time in 140 years the year before.

North Carolina: Uncertainty still clouds North Carolina elections | The Charlotte Observer

Uncertainty continues to cloud this fall’s elections, with the state planning to ask the U.S. Supreme Court to reinstate North Carolina’s voter ID law, and counties deciding whether to extend or shorten early voting. One group warned Wednesday that the state could be headed for a “train wreck” if counties don’t extend the hours to vote early. Mecklenburg County’s elections board Chair Mary Potter Summa said it’s unclear whether the board will reduce the number of planned early voting hours. The board is scheduled to vote on a plan Monday. Gov. Pat McCrory said Tuesday that he’ll ask the Supreme Court to reverse a lower court ruling that threw out the ID law and with it provisions that barred same-day registration and shortened the early voting period from 17 to 10 days. (The number of actual hours remained the same as during previous elections.)

North Carolina: State will try to block voter ID ruling Wednesday | The Charlotte Observer

Uncertainty continues to cloud this fall’s elections, with the state expected to ask the U.S. Supreme Court Wednesday to reinstate North Carolina’s voter ID law, while counties decide whether to extend or shorten early voting. Mecklenburg County’s elections board Chair Mary Potter Summa said it’s unclear whether the board will reduce the number of planned early voting hours. The board is scheduled to vote on a plan Monday. Meanwhile, Republican presidential nominee Donald Trump Tuesday addressed the voter ID law at a rally in Wilmington. Without an ID, he said, people might vote multiple times. “Voter ID. What’s with that?” he said. “Why aren’t we having voter ID? In other words, ‘I want to vote, here’s my identification. I want to vote.’ As opposed to somebody coming up and voting 15 times for Hillary.… You won’t vote 15 times, but people will.”

North Carolina: Voting Fight Shifts to Local Level In North Carolina | NBC

Last month’s federal court ruling against North Carolina’s sweeping and restrictive voting law was hailed as a major victory for voting rights. But now the battle over voting in the Tarheel State is shifting to the local level — amid concerns that the court’s decision could let county election officials impose new schemes to limit access to the polls. Indeed, Francis De Luca, the head of a leading conservative think tank in the state, is publicly urging counties to do just that, saying making voting harder is just “partisan politics” — and that’s fair game. Jen Jones of Democracy North Carolina warned that could have serious consequences. “The prospect of having voters disenfranchised is still a clear and present danger here in this very new front in the war on voting rights,” she said. The focus on local-level rules comes as North Carolina prepares to ask the U.S. Supreme Court to block the July 29 appeals court ruling against the law, allowing the measure to stay in place for the election. The ruling by a panel of the 4th U.S. Circuit Court of Appeals reversed several provisions of North Carolina’s 2013 voting law, including the law’s cutting of early voting days from 17 to 10, the elimination of same-day voter registration, and a voter ID requirement. The court found that Republican lawmakers had targeted black voters “with surgical precision.”

North Carolina: State will ask Supreme Court to allow voter ID law to stand | Reuters

North Carolina will ask the U.S. Supreme Court to allow a state law requiring voters to show identification to stand, after an appellate court struck it down a week ago, Republican Governor Pat McCrory said on Friday. The 4th U.S. Circuit Court of Appeals on Thursday refused the state’s request to put its decision on hold while North Carolina asks the Supreme Court to overturn it ahead of the U.S. general election on Nov. 8. McCrory said the state will ask justices by early next week to stay the appeals court’s ruling, which found that sweeping changes to the state’s voting rules in 2013 intentionally discriminated against African-Americans. An application for a stay would likely be directed to Chief Justice John Roberts, who has responsibility for emergency actions that arise from the 4th Circuit. Roberts could act alone or refer the matter to all eight justices. Five votes are needed to grant an application for a stay.

North Carolina: Court denies motion to stay decision on voter ID law | Reuters

A U.S. appeals court issued an order on Thursday denying North Carolina’s motion to stay the court’s decision last week striking down the state’s voter ID law. The 4th U.S. Circuit Court of Appeals said staying its ruling now “would only undermine the integrity and efficiency of the upcoming election.” On Friday, the court ruled that the North Carolina law, which required voters to show photo identification when casting ballots, intentionally discriminated against African-American residents.

North Carolina: Voter ID ruling means another election disruption | Associated Press

Television spots aimed at educating voters about North Carolina’s voter ID law are being canceled. One million informational posters and push cards are outdated and most likely headed for the trash. Binders carefully created as election bibles for each of the state’s 2,700 precincts need a heavy edit, with no time to waste. Election officials are scrambling to comply with last week’s federal appeals court ruling striking down North Carolina’s voter photo identification mandate and other restrictions Republicans approved three years ago. Photo identification was required for the first time in this year’s primaries, but barring another court decision, it is no longer mandated. The appellate ruling also extends early voting to 17 days, up from 10; and adds seven days of same-day voter registration. … The ruling effectively returns North Carolina to the rules it had before August 2013. But navigating the state’s election rules was already made more difficult by other federal court rulings against North Carolina this year, and some voters told The Associated Press that this latest ruling could add to the confusion.

North Carolina: Attorney General won’t keep defending state’s voter ID law | Associated Press

North Carolina Attorney General Roy Cooper will no longer defend the state’s voter ID law, now that a federal appeals court has ruled it was passed with “discriminatory intent.” A 4th U.S. Circuit Court of Appeals panel blocked its enforcement last Friday, ruling that the Republican-led General Assembly made changes that targeted black voters more likely to support Democrats. “Attorneys with our office put forward their best arguments but the court found that the law was intentional discrimination and we will not appeal,” Cooper spokeswoman Noelle Talley said in an email. Barring some new court intervention, the appellate ruling means the law’s restrictions will not be in place for this year’s presidential election. The ID mandate is now gone and early voting restored to 17 days, up from 10. Same-day registration during early voting and the partial counting of out-of-precinct ballots resume permanently.

North Carolina: Board Of Elections Scrambles To Undo Voter ID Law | WUNC

Officials with the North Carolina State Board of Elections are scrambling to undo three years of work on the state’s voter identification law ahead of the November election. The move comes after the Fourth U.S. Circuit Court of Appeals on Friday struck down a North Carolina law that would have required a government-issued photo ID to vote in the November election. The panel said the law discriminated against black voters. Governor Pat McCrory and top Republican legislators have promised to appeal the decision.

North Carolina: Appeals court strikes down North Carolina’s voter ID law | The Washington Post

A federal appeals court on Friday struck down North Carolina’s requirement that voters show identification before casting ballots and reinstated an additional week of early voting. The unanimous decision by a three-judge panel of the U.S. Court of Appeals for the 4th Circuit was an overwhelming victory for civil rights groups and the Justice Department that argued the voting law was designed to dampen the growing political clout of African American voters, who participated in record numbers in elections in 2008 and 2012. “We can only conclude that the North Carolina General Assembly enacted the challenged provisions of the law with discriminatory intent,” Judge Diana Gribbon Motz wrote for the majority.

North Carolina: Appeals court strikes down North Carolina’s voter-ID law | The Washington Post

Voting rights activists scored legal victories in key presidential election states Friday, the most important being a federal appeals court ruling that North Carolina’s Republican-led legislature enacted new voting restrictions in 2013 to intentionally blunt the growing clout of African American voters. The unanimous decision by a three-judge panel of the U.S. Court of Appeals for the 4th Circuit was an overwhelming victory for the Justice Department and civil rights groups. Election law experts consider North Carolina’s voter law one of the nation’s most far-reaching. In Wisconsin, where one federal judge already had eased restrictions on voter-ID requirements, a second judge found that additional elements of the law passed by the legislature and signed by Gov. Scott Walker (R-Wis.) were unconstitutional.

North Carolina: US 4th Circuit overturns voter ID law | News & Observer

Federal appellate judges on Friday struck down a 2013 law limiting voting options and requiring voters to show photo ID at the polls, declaring in an unsparing opinion that the restrictions “target African Americans with almost surgical precision.” The three-judge panel of the U.S. 4th Circuit Court of Appeals found that the law was adopted with “discriminatory intent” despite lawmakers’ claims that the ID provision and other changes were designed to prevent voter fraud. The ruling – which could have implications for voting laws in other states and possibly for the outcome of close races in the swing state of North Carolina – sent the case back to U.S. District Judge Thomas Schroeder, who in April issued a 485-page decision dismissing all claims in the legal challenge.

North Carolina: Voting law changes could put 2016 ballots at risk | Reuters

On Election Day in 2014, Joetta Teal went to work at a polling station in Lumberton, North Carolina. Like all poll workers, she was required to stay until voting booths closed, so she decided to cast her own vote there. That was a mistake, she later discovered. What she didn’t know was that under a 2013 state law she had to vote in the precinct where she lived. The polling station where she voted was not in her precinct, so her vote was not counted. A Reuters review of Republican-backed changes to North Carolina’s voting rules indicates as many as 29,000 votes might not be counted in this year’s Nov. 8 presidential election if a federal appeals court upholds the 2013 law. Besides banning voters from voting outside their assigned precinct on Election Day, the law also prevents them from registering the same day they vote during the early voting period. The U.S. Justice Department says the law was designed to disproportionately affect minority groups, who are more likely to vote out of precinct and use same-day registration. Backers of the law deny this and say it will prevent voter fraud.

North Carolina: Legislative leaders not defendants in Wake County election suit | News & Observer

State legislative leaders may regret fighting against being part of the federal lawsuit that led to their new election maps for Wake County Board of Commissioners and school board being declared unconstitutional. In an article posted online Tuesday in the Carolina Journal, Rep. Paul Stam laments how Senate Leader Phil Berger and House Speaker Tim Moore had been dropped as defendants so their attorneys weren’t in court to defend the maps. But an attorney for the plaintiffs points to how lawmakers didn’t want to be part of the litigation in the first place. Stam tells the Carolina Journal that no one went to bat for the lawmakers who redrew the districts when the case went before the U.S. Fourth Circuit Court of Appeals this year. Stam, an Apex Republican and attorney, notes how the office of state Attorney General Roy Cooper would have been defending the districts if Berger and Moore were still defendants. “In contrast to Europe, which is inquisitorial, the American and English legal systems are called adversarial,” Stam said. “You count on the fact that each side will be represented, so the truth will come out.”

North Carolina: September date set for voter ID state trial | Associated Press

A challenge to North Carolina’s new voter identification requirement will go to trial in state court this fall setting the stage for a possible decision before early in-person voting begins for the big November election. Superior Court Judge Michael Morgan on Monday set Sept. 26 for the trial, which could last a week or two. Morgan asked lawyers in a Wake County courtroom to confirm the Oct. 27 start date for early voting, when perspective voters must show one of several forms of photo ID. A two-week trial would give Morgan less than three weeks to rule. The ID mandate was approved in 2013 and used for the first time in the March primary and again in the June congressional primary.

North Carolina: Voter ID case goes to state court in September | News & Observer

The question of whether North Carolina’s voter ID requirement violates the state Constitution will go to trial in late September, adding more uncertainty to the election process in a presidential year that has left many voters confused about schedules and their districts. Wake County Judge Mike Morgan on Monday signed an order rejecting a request by lawmakers to set the case in front of a three-judge panel or dismiss it altogether. The trial is set to start Sept. 26. Anita Earls, director of the Southern Coalition for Social Justice, a law firm representing challengers of the state’s 2013 voter ID law, said she expected the trial to last about a week. Before Morgan set the schedule, Phil Strach, a Raleigh lawyer representing the legislators and the husband of the state elections director, argued that it would be better to wait until after November.

North Carolina: Legislature changes ballot order for Court of Appeals candidates | News & Observer

If signed by Gov. Pat McCrory, a change in state election law approved in the final hours of the 2016 legislative session would ensure the name of Phil Berger Jr. appears first on the ballot in his race against incumbent Court of Appeals Judge Linda Stephens in November. If not for the legislation, Berger’s name would have appeared below Stephens’ on the November ballot through a random ballot-order method used by the state Board of Elections. Berger, a Republican, is the son of state Senate leader Phil Berger, an Eden Republican. The elder Berger voted for the bill that would result in his son’s name being listed first. Numerous studies have shown that being listed first on a ballot can give that candidate at least a slight advantage, especially on down-ballot races like the Court of Appeals race where candidates aren’t as well-known as presidential or gubernatorial candidates, for example.

North Carolina: Bill would force attorney general to defend redistricting, other local acts | Greensboro News & Record

A bill fast-tracked through the N.C. House on Thursday would require the state Attorney General’s Office to defend local acts passed by the General Assembly that are challenged in court. The move comes in the wake of the state’s redistricting of the Greensboro City Council and Wake County Board of Education, which are both being challenged in court. In both cases Attorney General Roy Cooper, the Democratic challenger to Gov. Pat McCrory this November, chose not to defend redistricting laws passed by the legislature’s Republican majority. In the Greensboro council lawsuit, the Guilford County Board of Elections was left to defend the law and initially took no position on its constitutionality.

North Carolina: U.S. Supreme Court to review North Carolina redistricting | The Charlotte Observer

The U.S. Supreme Court will review an appeal by North Carolina to maintain the remapping of its districts this fall – a plan previously described as a “blatant, unapologetic, partisan, gerrymander” that could disfranchise the state’s minority population. The court added the appeal to its calendar Monday. Its decision to address the redistricting plan comes just five months after a three-judge panel rejected a legal challenge filed by attorneys for David Harris of Durham and Christine Bowser of Mecklenburg County. Attorneys argue that remapping of state’s 1st and 12th congressional districts limits the state’s minority representation. Those districts are held by Democrat Reps. G.K. Butterfield and Alma Adams, the state’s only two African-American congressional representatives.

North Carolina: Supreme Court to rule on use of race in redistricting | Associated Press

The U.S. Supreme Court agreed Monday to decide whether Republican lawmakers relied too heavily on race when they redrew North Carolina’s congressional districts to give the GOP a powerful advantage in the swing state. The justices will hear the case in the fall — almost certainly too late to affect November’s elections. But in the years ahead, it could impact partisan efforts to create electoral districts aimed at swaying the balance of power in Congress and in state legislatures. The Supreme Court could consider it together with a similar appeal from Virginia, where challengers say Republicans packed black voters into a dozen statehouse districts, strengthening GOP control of neighboring territories.

North Carolina: Appellate judges skeptical about North Carolina’s voter ID law | Associated Press

Members of a federal appeals court expressed skepticism Tuesday that North Carolina’s 2013 major rewrite to voting laws, requiring photo identification to cast in-person ballots, doesn’t discriminate against minorities. The three-judge panel met Tuesday to hear arguments over whether to overturn an April trial court ruling upholding the law. Judge Henry F. Floyd questioned the timing of the changes — done after Republicans took control of state government for the first time in a century and after the U.S. Supreme Court undid key provisions of the Voting Rights Act — and whether they weren’t done to suppress minority votes for political gain. “It looks pretty bad to me,” Floyd said. But the law’s authors said they were aiming to prevent voter fraud and increase public confidence in elections. “It was not a nefarious thing,” said Thomas A. Farr, an attorney representing the state.

North Carolina: State Faces Tough Questions From Appeals Court on Voting Law | Wall Street Journal

A federal appeals court asked tough questions Tuesday about North Carolina’s Republican-backed law that imposed tighter rules for voting, including a photo identification requirement at the polls. The Fourth U.S. Circuit Court of Appeals is considering legal challenges from the Justice Department, civil rights groups and citizens who allege the North Carolina law illegally discriminated against minority voters. Allison Riggs, a lawyer for the Southern Coalition for Social Justice, argued that North Carolina engaged in an unprecedented rollback of voting rights, which intentionally targeted minorities who tend to vote for Democrats. State lawmakers “knew the disparate impact of every one of these provisions,” she said.

North Carolina: Photo ID, voting law heading to an appeals court | Associated Press

Far-reaching voting changes in North Carolina approved by Republicans three years ago and upheld by a federal judge now head to an appeals court that previously sided with those challenging the law on racial grounds. The 4th U.S. Circuit Court of Appeals scheduled oral arguments Tuesday, just two months after a lower court ruled photo identification requirements to vote in person, early-voting restrictions and other changes violated neither the federal Voting Rights Act nor the Constitution. The appeals court’s decision to accelerate review of the case reinforces the stakes involved with the outcome in an election year, particularly in North Carolina. The presidential battleground state also has big races for governor and U.S. Senate on the fall ballot. “The legislative actions at issue must be analyzed in the context of the high levels of racially polarized voting in North Carolina, where many elections are sensitive to even slight shifts in voting,” lawyers for the U.S. Justice Department wrote in a brief heading into the arguments before three judges in Richmond, Virginia.