North Carolina: Governor and legislators argue against allegations early voting plans in 5 counties violate court order | News & Observer

Attorneys for Gov. Pat McCrory and N.C. legislators contended in a document filed in federal court on Friday that early voting plans in five counties do not run afoul of a federal appeals court ruling. The response came six days after a group of voters represented by Hillary Clinton’s campaign counsel sought emergency intervention. The voters are represented by Marc Elias, a Washington-based attorney who, in addition to working on Clinton’s campaign, has been involved with a number of high-profile cases challenging voting rights restrictions in recent years. They asked a judge to require the state Board of Elections to modify early voting plans in Mecklenburg, Guilford, Forsyth, Nash and New Hanover counties. But attorneys for the state argued that the counties – four of which leaned Democratic in the 2012 elections – were within the bounds of a ruling this summer by the 4th U.S. Circuit Court of Appeals that invalidated much of a 2013 elections law overhaul.

North Carolina: A federal court struck down much of North Carolina’s voter ID law – but what’s left could still shrink the black vote | The Washington Post

Many voting rights activists breathed a sigh of relief this year when the U.S. Court of Appeals for the 4th Circuit overturned numerous provisions of North Carolina’s 2013 election law. The law had instituted a strict voter ID requirement, curtailed the early voting period and eliminated one-stop voting and registration, among other provisions. Critics argued that if the law were fully implemented it would lead to a sharp reduction in voting by racial minorities and younger citizens. The 4th Circuit agreed, saying that the “new provisions target African Americans with almost surgical precision.” On emergency appeal, the Supreme Court deadlocked 4 to 4 on granting a stay, which meant that the 4th Circuit’s decision will stand for the 2016 election. But there is an overlooked yet consequential provision of the law that the court did not strike down: the removal of the straight-ticket option from North Carolina ballots. As in 2014, there will be no such option on the ballot in 2016.

North Carolina: Voter suppression’s last stand: North Carolina’s new Jim Crow counties | InsightUS

In the wake of a federal court decision overturning North Carolina’s “monster voter suppression law,” the NC-GOP’s executive director issued a call for “party-line changes to early voting” by the state’s Republican-controlled county boards of elections. Our review of the state’s early voting plan for this year finds that many boards did just the opposite. Still, a defiant band of renegades – the state’s New Jim Crow counties – did answer that call with cuts disproportionately falling on minority voters and promising election day chaos. But voting rights advocates are fighting back. The Supreme Court’s 2013 Shelby County v. Holder decision overturned a key protection of the Voting Rights Act of 1965 (VRA), instantly transforming North Carolina into the epicenter of the nationwide battle over minority voting rights. Within weeks of that decision (which freed the state from VRA’s requirement for federal oversight of changes to its election practices) North Carolina’s Republican-controlled General Assembly passed, and Gov. Pat McCrory signed into law, the state’s “monster voter suppression bill,” HB589. The law slashed early voting days, imposed a cumbersome voter ID requirement, and ended voter registration during the early voting period, among many other restrictions.

North Carolina: No more straight-ticket option in voting booths this November | WLOS

After a federal judge struck down much of North Carolina’s controversial voter ID law back in July, one provision remained, and it might have the most powerful effect on this November’s election–especially in local races all over the state. The 2013 law eliminated straight-ticket voting, meaning that in the November election, for the first time, you’ll no longer be able to fill out one bubble to vote all-Democrat, or all-Republican. Technically, you’ve always had to fill out two bubbles in North Carolina, since the vote for president has required a separate vote since the 1960s. This provision might lower vote totals, and make for tighter local races on November 8.

North Carolina: Motion Seeks to Modify Early Voting Ruling in North Carolina | Associated Press

An emergency motion was filed Saturday asking a federal judge to require the N.C. State Board of Elections to comply with a previous decision addressing early voting in North Carolina. The motion filed in U.S. District Court on behalf of a group called “The Duke Intervenor Plaintiffs” seeks to get the board to modify the early voting plans of Nash, New Hanover, Mecklenburg, Guilford and Forsyth counties. According to the motion, the board recently approved early voting plans that the plaintiffs think run counter to the decision by the 4th U.S. Circuit Court of Appeals. Also, the motion says if the court finds it necessary to issue an order of contempt, the plaintiffs would move for an order to show why the board shouldn’t be held in civil contempt for violating the court’s order.

North Carolina: Democrats seek more early voting hours in key North Carolina counties | The Hill

Attorneys behind the lawsuit that struck down a sweeping North Carolina election reform measure filed an emergency motion on Saturday to extend early voting hours in five key counties. The new motion, filed by Marc Elias, the top lawyer for Hillary Clinton’s presidential campaign, seeks to extend early voting hours in Nash, New Hanover, Mecklenburg, Guilford and Forsyth counties. President Obama won four of those five counties in 2012. The motion comes after the Fourth Circuit Court of Appeals ruled in July that a 2013 state election reform law disproportionately impacted low-income and minority voters. The three-judge panel that struck down the law said it had been enacted by the legislature with intent to discriminate against voters who typically back Democrats.

North Carolina: Plaintiffs in voting rights case target early voting restrictions | Politico

A group of plaintiffs in a voting rights case that rocked North Carolina politics earlier this year filed a further court motion on Saturday to peel back remaining restrictions on early voting times and locations in five counties, a person with knowledge of the move told POLITICO. Filed in the battleground state’s Middle District, the motion seeks to build on wide-reaching victories won by voting rights activists — and cheered by Democrats — earlier this summer when the Fourth Circuit court ruled that the 2013 rules adopted by North Carolina’s Republican-heavy legislature purposely sought to limit the influence of African-American voters there. The suit is led by Marc Elias, the Washington attorney who — in addition to working on high-profile voting rights cases across the country — is Hillary Clinton’s campaign lawyer.

North Carolina: Court bars college dorm students from voting in Greenville County, director says | Greenville Online

If a college student who lives on campus at Clemson University wants to register to vote in Pickens County, they can just fill out a voter registration form and list their campus housing as their legal residence. Same with students at the University of South Carolina or the College of Charleston or any number of colleges in South Carolina. But not in Greenville County. If a college student who lives on campus at Furman University or Greenville Technical College or Bob Jones University or North Greenville University wants to register to vote in Greenville County, they’re more than likely out of luck. That’s because those students must complete an 11-question form with answers that satisfy the county’s Board of Voter Registration and Elections. If they don’t return the form within 10 days, the board will reject their registration. If they don’t answer every question correctly with enough information to establish their residence in Greenville, the board will reject their registration.

North Carolina: State Supreme Court political and ideological balance could tilt in 2016 election | News & Observer

As key pieces of the legislative agenda get scrutiny in the courts, partisan organizations and politicians are focusing on the race for the one seat up for grabs on the North Carolina Supreme Court. The state’s highest court has a one-vote conservative majority, and that has been reflected in decisions to uphold redistricting maps found unconstitutional in the federal courts and to allow state funds to be used for private school vouchers. Justice Bob Edmunds, who has been on the state’s highest court for 16 years, is a Republican from Greensboro facing a challenge from Wake County Superior Court Judge Mike Morgan, a Democrat from Raleigh. Early voting begins in North Carolina on Oct. 20 and ends Nov. 5. Election day is Nov. 8. The candidates have been going from the coast to the mountains, speaking to individuals and groups. It was not until May that it became clear Edmunds would face any challengers in his campaign to keep his seat.

North Carolina: Why early voting matters | Facing South

An “overall victory” is what voting rights advocates are calling North Carolina counties’ new early voting plans. They were finalized last week following the 4th U.S. Circuit Court of Appeal’s July ruling, which a divided U.S. Supreme Court let stand, striking down the battleground state’s so-called “monster” election law that among other things slashed a week from the 17-day early voting period. In a 12-hour meeting on Sept. 8, the N.C. State Board of Elections resolved contested early voting plans from 33 of the state’s 100 county election boards, all of which are controlled by Republicans. (Under North Carolina law, the governor’s party holds two of every county election boards’ three seats.) Dallas Woodhouse, executive director of the state Republican Party, had urged county board members to limit early voting and keep polling sites closed on Sundays — what he called “party line changes.”

North Carolina: Sunday voting, early voting cuts could prompt legal action | News & Observer

Advocates of expanded early voting opportunities are considering legal action after a mixed bag of victories and losses at Thursday’s State Board of Elections meeting. During a 12-hour meeting Thursday to settle disputed early voting schedules in 33 counties, the state board restored Sunday early voting hours in five counties that had offered the option in 2012. It also added early voting hours in six counties where schedules had been cut, mandating more locations in Wake and Mecklenburg counties to prevent long lines. But in party line votes, the board’s Republican majority rejected efforts by Democrats to add Sunday voting in counties that hadn’t previously offered it and extend early voting hours in more counties. Early voting schedules have prompted bitter partisan disputes this year. With tight races expected for president, governor and U.S. Senate in North Carolina, strong turnout could be the key to victory.

North Carolina: Elections Board Settles Fight Over Voting Guidelines | The New York Times

North Carolina’s state elections board settled a deeply partisan battle over this fall’s election rules on Thursday, largely rejecting a Republican-led effort to write local voting guidelines that would limit Democratic turnout in a political battleground state. The board’s decisions could influence the course of voting in a state where races for governor and United States senator are close, and where the two major presidential candidates are said to be dead even. After meeting for more than 11 hours, the Republican-controlled board imposed new election plans that expanded voting hours or added polling places — or sometimes both — in 33 of the state’s 100 counties. In the vast bulk of the counties, the sole Democratic member on the three-person election board was contesting voting rules that the Republican majority had approved.

North Carolina: GOP leader lobbied counties to offer just one early voting site in ‘confidential’ email | News & Observer

While the N.C. Republican Party’s executive director pushed counties to reduce early voting opportunities, another GOP leader went a step further: Calling on Republican county election officials to offer only one early voting site for the minimum hours allowed by law. In an email with the subject line “CRITICAL and CONFIDENTIAL,” NCGOP 1st Congressional District Chairman Garry Terry told county election board members that they “are expected to act within the law and in the best interest of the party.” Terry argued that any early voting hours and sites beyond the legal minimum would give Democrats an advantage in November. “We will never discourage anyone from voting but none of us have any obligation in any shape, form or fashion to do anything to help the Democrats win this election,” Terry wrote. “Left unchecked, they would have early voting sites at every large gathering place for Democrats.”

North Carolina: Some election mailers still say voters will need ID at polls | WRAL

Some voters are getting mixed messages about voter ID rules when they receive registration information from their local county board of elections. The 4th U.S. Circuit Court of Appeals struck down the state’s 2013 law that required most voters to show photo identification at the polls. In a subsequent August order, the U.S. Supreme Court refused to put that 4th Circuit order on hold. However, a concerned viewer sent WRAL News pictures of material that was part of a packet sent to a newly registered voter in Alamance County that touted the now defunct ID rules. The packet, postmarked Sept. 2, bears a large box with red type that says, “BEGINNING IN 2016, VOTERS WILL BE ASKED TO SHOW A PHOTO ID WHEN VOTING IN PERSON.” The same card carries instructions for what voters who might not have appropriate IDs should do. In a separate black and white alert box on a different portion of the material, it bears a conflicting message that reads, “ALERT: PHOTO ID NOT REQUIRED TO VOTE.”

North Carolina: Despite Court Ruling, Voting Rights Fight Continues In North Carolina | NPR

In the swing state of North Carolina, a fight for early voting rights that seemed to end with a strongly worded federal court ruling last month, may be just getting started. That fight began in 2013, when the state made cuts to early voting, created a photo ID requirement and eliminated same-day registration, out-of-precinct voting, and pre-registration of high school students. More than half of all voters there use early voting, and African-Americans do so at higher rates than whites. African-Americans also tend to overwhelmingly vote for Democrats. In July of this year, the 4th U.S. Circuit Court of Appeals struck down major parts of the overhaul. The three-judge panel ruled those changes targeted African-Americans “with almost surgical precision.”

North Carolina: Early voting reduced in 23 counties; 9 drop Sunday voting after GOP memo | News & Observer

Voters in 23 North Carolina counties will have fewer opportunities to vote early than they did four years ago under schedules approved by Republican-led election boards. The decisions came after the N.C. Republican Party encouraged its appointees on the county boards to “make party line changes to early voting” by limiting the number of hours and keeping polling sites closed on Sundays. While Republicans hold a majority on the local elections board in each of the state’s 100 counties, 70 boards voted to offer more early voting hours than they’d had in the 2012 presidential election, while 23 cut hours from 2012. Of the 21 counties that offered Sunday voting in 2012, nine voted to eliminate it, while 12 agreed to keep Sunday hours. Some of the decisions are awaiting review by the State Board of Elections. In 33 counties, local election boards had split votes, which means their early voting schedules will be determined by the state board when it meets Thursday.

North Carolina: Voting rights and wrongs: Supreme Court blocks a last-ditch attempt to suppress votes in November | The Economist

A basic principle of electoral democracy is that the people pick their leaders. But by tweaking the rules—such as those which govern which forms of identification voters need; when the polls are open; how the ballot is composed—incumbents can tip the balance in favour of one party. Republicans have been particularly active in this endeavour in recent years, crafting rules that make it more difficult for blacks, Hispanics and the poor—core Democratic constituencies—to exercise their right to vote. Most courts to consider challenges to these laws in recent months have rejected them as violations of the Voting Rights Act or the 14th Amendment, or both. Now some of the losers in those cases are trying their hand at one last appeal—to the United States Supreme Court. They are bound to be disappointed.

North Carolina: Inside the Republican creation of the North Carolina voting bill dubbed the ‘monster’ law | Washington Post

The emails to the North Carolina election board seemed routine at the time. “Is there any way to get a breakdown of the 2008 voter turnout, by race (white and black) and type of vote (early and Election Day)?” a staffer for the state’s Republican-controlled legislature asked in January 2012. “Is there no category for ‘Hispanic’ voter?” a GOP lawmaker asked in March 2013 after requesting a range of data, including how many voters cast ballots outside their precinct. And in April 2013, a top aide to the Republican House speaker asked for “a breakdown, by race, of those registered voters in your database that do not have a driver’s license number.” Months later, the North Carolina legislature passed a law that cut a week of early voting, eliminated out-of-precinct voting and required voters to show specific types of photo ID – restrictions that election board data demonstrated would disproportionately affect African Americans and other minorities.

North Carolina: Supreme Court denies North Carolina appeal to enforce its voter ID rules | Los Angeles Times

The Supreme Court on Wednesday turned away an emergency appeal from North Carolina’s Republican leaders who were hoping to reinstate new voting rules that were struck down in July as racially biased. The justices said they were deadlocked 4-4 and would not intervene, leaving in place the state’s rules for casting ballots and early voting that were used before 2013. The vote split on ideological lines. The court’s decision is a victory for civil rights advocates and Obama administration lawyers who had challenged North Carolina’s rules as violating the Voting Rights Act. The outcome also may give a slight boost to Democrats, including Hillary Clinton, who will need strong support from minority voters to prevail in November.

North Carolina: Supreme Court Blocks North Carolina From Restoring Strict Voting Law | The New York Times

A deadlocked Supreme Court on Wednesday refused to revive parts of a restrictive North Carolina voting law that a federal appeals court had struck down as an unconstitutional effort to “target African Americans with almost surgical precision.” The court was divided 4 to 4, with the court’s more conservative members voting to revive parts of the law. The court’s brief order included no reasoning. North Carolina’s law, which imposed an array of voting restrictions, including new voter identification requirements, was enacted by the state’s Republican-controlled legislature in 2013. 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. Challenges to the laws have met with considerable success in recent months, and Wednesday’s development suggested that the current eight-member Supreme Court is not likely to undo those victories.

North Carolina: Republicans Accused of Dodging Order to Fix Election Rules | The New York Times

When a federal appeals court overturned much of North Carolina’s sweeping 2013 election law last month, saying it had been deliberately intended to discourage African-Americans from voting, something else was tossed out as well: the ground rules for this year’s elections in a critical swing state. In each of the state’s 100 counties, local elections boards scheduled new hearings and last week filed the last of their new election rules with the state. Now, critics are accusing some of the boards, all of which are controlled by Republicans, of staging an end run around a court ruling they are supposed to carry out. Like the law that was struck down, say voting rights advocacy groups and some Democrats who are contesting the rewritten election plans, many election plans have been intentionally written to suppress the black vote. “It is equal to voter suppression in its worst way,” said Courtney Patterson, the sole Democrat on the Lenoir County elections board.

North Carolina: Does same-day voter registration increase fraud risk? Experts disagree. | The Charlotte Observer

The N.C. Republican Party has urged GOP-led county elections boards this year to limit the hours of early voting, warning about the higher chances of voting fraud with same-day registration. The state party has cited data that shows people who use same-day registration are unable to be verified at a higher rate than people who use regular registration. But defenders of same-day registration say that doesn’t amount to attempted voter fraud. Most of the focus of the state’s 2013 voter law has been on the requirement for a photo ID, which Republicans said would prevent fraud and Democrats said would suppress minority voting. In July, a panel of the 4th Circuit Court of Appeals overturned the state’s voting law. Barring a reversal, there will be no photo ID needed in November, and same-day registration has been resurrected for early voting. On Aug. 21, N.C. GOP Executive Director Dallas Woodhouse tweeted, “Fraud Alert. In North Carolina Same day registration 8 TIMES more likely to be invalid after the vote has occurred and been counted.” Earlier this month, Woodhouse emailed 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.

North Carolina: Slicing, dicing North Carolina’s registered voters | The Charlotte Observer

Early voting schedules for the fall elections remain unresolved in at least one-quarter of North Carolina’s counties after a federal court ruling that struck down key portions of the state’s 2013 voter identification and ballot access law. The 4th U.S. Circuit Court of Appeals determined Republican legislators acted with discriminatory intent toward black voters when they approved several provisions, including one that reduced the number of early voting days from a maximum of 17 days to 10. Early in-person voting is popular in North Carolina, used by more than half of the people casting ballots in the 2012 presidential election, when it covered 17 days. Its use could make a difference Nov. 8. County boards of elections had approved 10-day plans for early voting sites and hours of operation. They had until late last week to give the State Board of Elections revised plans based on a schedule beginning Oct. 20 instead of Oct. 27.

North Carolina: Experiment shows ‘better way’ for voting districts | The Charlotte Observer

Retired state judges and justices who experimented with drawing the state’s congressional districts without regard to voters’ party registration have produced a plan that creates a few districts where candidates of either party would have a chance to win. The redistricting simulation, a project of Duke University and Common Cause North Carolina, aims to show one way the state’s 13 congressional districts could look if drawn without political considerations. It includes six likely Republican districts, four likely Democratic districts, and three toss-ups, the sponsors said. The experiment produced results strikingly different from the districts legislators approved this year. Legislative Republicans drew the existing congressional map to elect 10 Republicans and 3 Democrats. No district is considered competitive. Common Cause is suing over the current congressional map, claiming that extreme partisan gerrymandering violates the Constitution.

North Carolina: Justice Department Urges Supreme Court to Leave North Carolina Voter ID Ruling Intact | NBC

The Justice Department urged the U.S. Supreme Court Thursday to leave a lower court ruling in place that struck down one of the nation’s toughest voter ID laws. A federal appeals court ruled in July that North Carolina’s voter ID law and other changes to its election laws were aimed “with almost surgical precision” at making it harder for African Americans to vote. The ruling broadened the kind of ID’s allowed at the polls and increased the time period for early voting, restoring both to what they were before the tough new law was passed in 2013. The state then asked the Supreme Court “in order to avoid voter confusion” to let it enforce several parts of the law that had been declared invalid by the appeals court.

North Carolina: Why does North Carolina want to discourage the youth vote? | Facing South

Last month the U.S. Court of Appeals for the 4th Circuit overturned the 2013 omnibus elections bill passed by North Carolina’s Republican-controlled legislature, which voting rights advocates referred to as a “monster” voter suppression law. The law contained dozens of provisions, some of which the court found intentionally discriminated against African Americans. It was passed shortly after the U.S. Supreme Court effectively struck down the section of the Voting Rights Act requiring jurisdictions with a history of voter discrimination to get Justice Department preclearance for election law changes. North Carolina waited 17 days after the 4th Circuit’s ruling to file an “emergency” appeal with U.S. Supreme Court Chief Justice John Roberts, asking him to stay parts of the ruling, including those striking the photo ID requirement and expanding early voting from 10 to 17 days. The state also asked for a stay on reinstating a program approved in 2009 with bipartisan support that allowed 16- and 17-year-olds to preregister to vote.

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.”