North Carolina: State judge weighs whether to schedule voter ID trial | Associated Press

Another pending legal challenge to North Carolina's voter identification requirement is still swimming around in state court, where a judge Friday heard arguments on whether a trial should be scheduled soon or more delays are the proper course. Three consolidated federal lawsuits seeking to overturn the photo ID mandate and other voting changes made by the General Assembly already have been tried, with all the provisions in the 2013 case upheld last month as legal and constitutional. That case is on the fast-track to the 4th U.S. Circuit Court of Appeals, with scheduled arguments for next month. The state lawsuit, initially filed in August 2013 by voters and voting-rights groups, focuses solely on the ID requirement as another qualification to vote beyond what the North Carolina Constitution demands and is unlawful. Wake County Superior Court Judge Michael Morgan put the proceedings on hold last fall until after photo ID was required for the first time during the March 15 primary.

North Carolina: 4th Circuit court sets NC voter ID hearing | News & Observer

The U.S. Fourth Circuit Court of Appeals set June 21 to hear arguments in the North Carolina voting rights case. The appeal was filed by the NAACP and other organizations representing voters who challenged the extensive elections law overhaul in 2013. The new law established a voter ID requirement, curbed the number of days voters could cast ballots early, eliminated out-of-precinct voting and stopped letting people register to vote and cast a ballot on the same day.

North Carolina: Federal Judge Upholds North Carolina Voter Rules | The New York Times

A federal judge on Monday upheld sweeping Republican-backed changes to election rules, including a voter identification provision, that civil rights groups say unfairly targeted African-Americans and other minorities. The ruling could have serious political repercussions in a state that is closely contested in presidential elections. The opinion, by Judge Thomas D. Schroeder of Federal District Court in Winston-Salem, upheld the repeal of a provision that allowed people to register and vote on the same day. It also upheld a seven-day reduction in the early-voting period; the end of preregistration, which allowed some people to sign up before their 18th birthdays; and the repeal of a provision that allowed for the counting of ballots cast outside voters’ home precinct. It also left intact North Carolina’s voter identification requirement, which legislators softened last year to permit residents to cast ballots, even if they lack the required documentation, if they submit affidavits. The ruling could have significant repercussions in North Carolina, a state that Barack Obama barely won in 2008, and that the Republican Mitt Romney barely won four years later.

North Carolina: Election law case to get quick review | News & Observer

The U.S. Fourth Circuit Court of Appeals granted a quick review of the recent ruling on North Carolina’s election law overhaul. In an order filed on Thursday, Clerk Patricia S. Connor stated that attorneys should have all their briefs submitted to the appellate court by June 14. Rick Hasen, a law professor at the University of California-Irvine who has been following the case, said it was possible that under such a schedule a hearing could be held in July and a ruling issued before the November general elections. But most expect any ruling to be challenged up to the U.S. Supreme Court, and what would happen there is unclear.

North Carolina: Rights groups appeal ruling upholding voter ID law | Reuters

Civil rights groups and churches opposed to sweeping changes to North Carolina's election rules said on Tuesday they would ask an appeals court for a reversal after a federal judge upheld provisions they argue will suppress minority votes at the polls in November. The ruling late on Monday was highly anticipated in a presidential election year in a state that had close results for the White House in 2008 and 2012, and it received praise from the voting law's Republican backers. U.S. District Judge Thomas Schroeder in Winston-Salem said the state could require voters to show approved photo identification at the polls, one of a number of provisions in the law that challengers have said targets groups of people who typically support Democratic candidates.

North Carolina: How North Carolina became the epicenter of the voting rights battle | The Washington Post

Civil rights groups appealed a federal judge’s ruling in North Carolina upholding what they call a “monster voter suppression law,” while election experts said Tuesday that the closely watched case will have legal ramifications for voting across the country this presidential election year. North Carolina, a battleground state, is considered an epicenter for the nationwide battle over voting rights because its controversial 2013 election law is one of the strictest in the nation. “If North Carolina can get away with this kind of rollback, I suspect we will see other rollbacks in other states,” said Richard L. Hasen, an election-law expert at the University of California at Irvine and the author of “The Voting Wars: From Florida 2000 to the Next Election Meltdown.” After two trials, the voting law was upheld late Monday by federal judge Thomas D. Schroeder of the U.S. District Court for the Middle District of North Carolina. His decision was praised by North Carolina Gov. Pat McCrory (R), who said in a statement that “this ruling further affirms that requiring a photo ID in order to vote is not only common-sense, it’s constitutional.”

North Carolina: Elections law ruling to be appealed | The Charlotte Observer

While still poring over a federal judge’s 485-page ruling upholding North Carolina’s recent election law overhaul on Tuesday, attorneys for the voters and civil rights organizations challenging the changes quickly filed notice of plans to appeal. Judge Thomas Schroeder’s opinion – one of the first to come down since the U.S. Supreme Court invalidated a key provision of the Voting Rights Act – is being scrutinized by many as a test of what obligations states have to make sure their citizens have access to the ballot box. Schroeder’s ruling, which was released to the public Monday evening, upheld sweeping voting changes – requiring North Carolina voters to have one of six forms of photo identification, curbing the number of days for early voting, prohibiting voters from registering and casting a ballot the same day, and banning out-of-precinct voting. North Carolina Republicans, who shepherded the changes through the 2013 legislative session, describe the cutbacks, new prohibitions and ID provision as common sense measures designed to prevent voter fraud. There are few documented cases of voter fraud. Challengers of the law described the measures as designed and adopted to disenfranchise African-American, Latino and college-age voters – constituencies more likely to vote Democratic than Republican.

North Carolina: Federal judge who backed limits on early ballots upholds voter ID requirement | The Charlotte Observer

A federal judge has upheld North Carolina’s voter ID law in a ruling posted Monday evening. U.S. District Judge Thomas Schroeder issued a 485-page ruling dismissing all claims in the challenge to the state’s sweeping 2013 election law overhaul. Schroeder, a George W. Bush appointee, also upheld portions of the 2013 law that cut the number of days people could vote early, eliminated same-day registration and voting and prohibits people from casting a ballot outside their precinct. The decision comes nearly three months after a trial on the ID portion of the law. Schroeder noted that North Carolina had “become progressive nationally” by permitting absentee voting, having early voting for 17 days before the Election Day, a lengthy registration period, out of precinct voting on Election Day and a pre-registration program for 16-year-olds. “In 2013, North Carolina retrenched,” Schroeder said in his opinion. Ultimately, though, Schroeder said the state had provided “legitimate state interests” in making the changes and the challengers failed to demonstrate that the law was unconstitutional.

North Carolina: Experts: Shifting demographics make case for redistricting reform | WRAL

North Carolina's growing populations mean gerrymandered districts drawn for partisan advantage could backfire on their sponsors, a pair of University of North Carolina professors said Tuesday. Rebecca Tippett, director of Carolina Demography at the Carolina Population Center at UNC-Chapel Hill, and Mark Nance, a political science professor at North Carolina State University, spoke at a news conference sponsored by Rep. Duane Hall, D-Wake, and the NC Coalition for Lobbying and Government Reform. The coalition has been pushing lawmakers to create an independent commission to draw the geographic districts in which members of the U.S. House, the state House and the state Senators run. North Carolina has faced frequent lawsuits over its voting districts, including one in which the federal courts ruled this spring that two of the state's 13 congressional districts were so gerrymandered as to be unconstitutional.

North Carolina: Legislative redistricting trial concludes | Associated Press

A federal trial scrutinizing nearly 30 North Carolina legislative districts concluded Friday after attorneys presented conflicting arguments over whether increasing the number of majority-black districts reinforces outdated race-based political divisions or is a sensible legal strategy. The three-judge panel gave no timeframe on when it would rule at the close of the weeklong trial spurred by a voters’ lawsuit, but any decision is at least several weeks away and could be appealed. The timing of the ruling could determine whether Republican lawmakers have to scramble to redraw boundaries in time for the November general elections. The state’s lawyers, who are defending the current boundaries as legal, have said that if any adjustments are ordered, they should be delayed until the 2018 elections. Some of North Carolina’s congressional boundaries were struck down as illegal racial gerrymanders by a different federal judicial panel in February, based in part on arguments similar to what the plaintiffs used in this week’s case. The legislature, forced to redraw the congressional districts right away, delayed the primary for the seats until June 7. Legislative primaries under the current maps were held last month.

North Carolina: Judges scrutinizing legislative districts | Associated Press

Awkwardly-shaped state legislative districts drawn by North Carolina Republicans in 2011 went back on trial Monday, just two months after federal judges who heard similar arguments threw out some congressional boundaries as illegal racial gerrymanders. Voters in nine House districts and 19 Senate districts sued last year. The General Assembly maps have helped the GOP expand and retain its control of the legislature in in the 2012 and 2014 elections. State judges have previously upheld challenged legislative boundary lines in separate lawsuits. A three-judge panel February struck down the majority-black 1st and 12th Congressional Districts, forcing lawmakers to draw new lines and delay the congressional primaries until June. That court decision has raised expectations that the challenged legislative districts could also be struck down, forcing lawmakers to redraw them as well.

North Carolina: Trial on legislative districts begins; expected to last a week | The Charlotte Observer

Three federal judges shared the bench in Greensboro on Monday as a trial began over the legality of North Carolina's legislative districts. A group of 27 voters filed a lawsuit in May 2015, arguing that maps drawn in 2011 for nine state House districts (4, 5, 14, 20, 21, 28, 32, 38, 40) and 19 state Senate districts (5, 7, 12, 21, 24, 29, 31, 32, 33, 38, 42, 48, 57, 99, 102, 07) were designed to weaken the influence of black voters, who in North Carolina predominantly vote for Democrats. Republicans led the 2011 redistricting, an exercise that happens every 10 years after the Census. The panel of judges who will decide whether the maps can be used in the 2016 elections are James A. Wynn Jr., an Obama appointee to the U.S. 4th Circuit Court of Appeals; Thomas D. Schroeder, a district judge appointed by George W. Bush; and Catherine Eagles, a district judge appointed by Obama.

North Carolina: Legislative map trial begins after Congress lines nixed | The Charlotte Observer

A federal court ruled two months ago Republican legislators weren't legally justified in turning two North Carolina congressional boundaries into majority-black districts and ordered new lines. Starting Monday, another panel of three federal judges convenes a weeklong trial deciding whether close to 30 of the 170 state House and Senate districts approved almost five years ago by the General Assembly also are illegal racial gerrymanders and must be redrawn. Voters in the challenged districts who sued make largely the same arguments that won out in February's separate congressional litigation. They say legislators created too many minority-majority districts when evidence shows black voters have been able to elect their preferred candidates in districts when their voting-age population was well below 50 percent. The congressional district ruling forced lawmakers to quickly redraw the map and delay the March congressional primary until June. It's unclear whether, if the legislative plaintiffs are successful, new boundaries would be ordered for this year.

North Carolina: Wake County elections board makes first voter ID decisions | WRAL

The Wake County Board of Elections on Thursday waded through 7,940 provisional ballots from the March primary, making decisions on which would be counted, partially counted or rejected. Although county boards and the State Board of Elections give results on the night of an election – Wake County reported results based on 269,664 ballots counted – thousands of ballots wait to be counted until the county canvass. Wake County had so many provisional ballots that staff needed extra time to process them and delayed the bulk of their canvass work from Tuesday until Thursday. The provisional ballots that came to the board Thursday morning were cast due to some administrative problem with the voter's registration. Among the 3,600 provisional ballots that were deemed eligible almost immediately were those cast by registered voters who hadn't reported a move within the county and voters whose names were overlooked when poll workers tried to find them in a poll book.

North Carolina: Activists: Voters faced challenges because of photo ID requirement | Winston-Salem Journal

North Carolina’s photo ID voting requirement resulted in confusion, long lines and voters not being able to cast a ballot at the polls during the March 15 primary, activists said Wednesday in a conference call. “We saw poll workers being absolutely uninformed about the requirement,” said Allison Riggs, an attorney for the Southern Coalition for Social Justice. “We saw voters being turned away.” Penda Hair, an attorney representing the North Carolina NAACP in its legal challenge against the photo ID requirement, said that polling places in Winston-Salem and Durham had long lines. Voters at First Alliance Church in Winston-Salem stood in line for an hour and 45 minutes. Tim Tsujii, the Forsyth County elections director, said some polling places had long lines as they were about to close at 7:30 that night. State law requires polling places to serve all voters who are in line before the closing time. Many people who were affected by the photo ID requirement were racial minorities and poor people, activists said.

North Carolina: Long lines, confusion over voter ID reported in primary | News & Observer

Long lines forced some voters in Wake and Durham counties to wait three or four hours to vote Tuesday night in the North Carolina primaries. At a precinct in Raleigh at Pullen Park, where many N.C. State students vote, the university bused students in every 15 minutes, and more than 1,700 people voted there on Tuesday. By 7 p.m., a line of hundreds of people stretched into the parking lot. Polls had been scheduled to close at 7:30 p.m. “We were voting there until around 11 o’clock last night,” said Nicole Shumaker, Wake County’s deputy elections director. “And the reason for that was the early voting period for this primary coincided exactly with North Carolina State University’s spring break. So all those students were out of town during early voting.” Democracy NC, a group that advocates for more voter participation, blamed many of the delays statewide on confusion surrounding the state’s new voter ID laws.

North Carolina: Confusing primary: why so many votes won’t count | CS Monitor

North Carolinians can vote however they want in their Super Tuesday primary election, but one thing’s fairly sure: Many of those Tar Heel votes aren’t going to count. Last month, a federal three-judge panel found that Republicans drew two of the state’s congressional districts illegally, packing more black voters into districts where they already had a plurality, thus boosting Republican odds by “bleaching” surrounding districts. The result is, pretty much everyone agrees, a mess. The congressional candidates are still on the ballot along with the presidential and local candidates. But all the congressional votes will not be counted, and a new congressional primary with the new districts is scheduled for June 7.

North Carolina: North Carolina’s Voter ID Law Could Block 218,000 Registered Voters From the Polls | The Nation

Ethelene Douglas, an 85-year-old African-American woman who grew up in the segregated South and first registered to vote in 1964, was one of them. Her struggle to obtain the necessary ID vividly illustrates the problems with the law. In September 2012, Douglas’s niece, Clara Quick, took her to the DMV in Laurinburg, North Carolina, to get a state photo ID. Douglas was told she needed a copy of her birth certificate to get an ID. So they traveled across the state line to Dillon, South Carolina, where Douglas was born, to find her birth certificate. But the government office there said she needed a photo ID to get a birth certificate, and Douglas was caught in a seemingly unresolvable catch-22. (This account comes from an affidavit Quick filed in federal court.) Her niece called the South Carolina’s Vital Records office, paid $17 for an expedited birth certificate, but still couldn’t get one. Instead, she was told to find her aunt’s marriage certificate, which was in Bennettsville, South Carolina. After getting that, they made a second trip to the North Carolina DMV, but were once again told Douglas couldn’t get a photo ID because she didn’t have a birth certificate. They were so frustrated that they gave up trying for a time. In the fall of 2013, after North Carolina passed the voter ID law, they made a third trip to the DMV. An employee told Quick to get a census report to confirm her aunt’s identify, which she purchased for $69. Quick brought her aunt’s census report, marriage certificate, Social Security card, and utility bill during a fourth trip to the DMV in September 2014 and was finally able to get her the photo ID needed to vote.

North Carolina: Voter ID law hinders some college students | News & Observer

Williams Foos, a senior at UNC-Chapel Hill, registered to vote in Orange County in 2012 and voted in the presidential election that year. But when he showed his Pennsylvania license at an early voting site in this year’s primary, he had to cast a provisional ballot. His vote may not count. In the state’s first use of the voter ID law, some college students’ ballots may end up filling the discard piles. As of Friday, 717 people had cast provisional ballots because they didn’t have acceptable photo identification. Four of the five counties with the highest concentrations of provisional ballots from voters without approved ID were Durham, Orange, Watauga and Wake, where those voters had home addresses on or near campuses. Robeson County was the fifth. Robeson is home of UNC Pembroke, but the county’s elections director couldn’t say why it landed in the top tier of counties with voter ID questions. Durham and Orange were the leaders, by far. Each county had more than 100 voters without acceptable photo ID.

North Carolina: Elections board rejects request to change state Supreme Court filing period | News & Observer

The state’s Board of Elections on Saturday rejected a request from lawyers representing legislative leaders to change the election schedule for one seat on the N.C. Supreme Court. The board held an emergency meeting Saturday morning after lawyers for Senate leader Phil Berger and House Speaker Tim Moore on Friday asked that the candidate filing period for a seat on the Supreme Court be delayed because a case affecting that election is going through the appeals process. During a telephone discussion that lasted little more than an hour, board members raised concerns that voters already were confused by the recent remapping of congressional districts, the new voter ID requirements and other changes brought about by recent legislative and court decisions. They said they did not want to add further confusion.

North Carolina: North Carolina Exemplifies National Battles Over Voting Laws | The New York Times

The stakes are high here and nationwide. The four lawsuits over the Republicans’ 2011 redistricting plans make their case on racial grounds. But some scholars are wondering whether the challenge to the congressional districts, and cases like it, might prompt the Supreme Court to take a new look at blatantly partisan gerrymandering. Advocacy groups and the Justice Department brought the federal lawsuit challenging Republican-backed legislation that established a voter identification provision and cut or curtailed provisions that had made it easier to register and vote. Those provisions were adopted over the last 15 years and championed by Democrats. The Justice Department argues that black and younger voters were especially likely to take advantage of them. The law included a reduction in early-voting days and ended same-day registration and preregistration that added teenagers to voting rolls on their 18th birthday. If the case is decided before November, it could have an effect on turnout in a tight presidential contest here — President Obama won North Carolina by a hair in 2008, and lost it by a hair in 2012 — as well as what is likely to be a difficult re-election fight for Gov. Pat McCrory, a Republican.

North Carolina: Voters’ attorneys say new Congress map should be rejected | Associated Press

North Carolina's updated congressional districts — redrawn by legislators after federal judges ruled some lines created illegal racial gerrymanders — also are unconstitutional and should be rejected, according to the voters who originally sued to overturn them. Lawyers for David Harris and Christine Bowers — voters who challenged the previous majority black 1st and 12th District boundaries — filed in federal court their objections to boundaries drawn by the Republican-led General Assembly on Feb. 19. They also want the judges to draw new maps themselves. For the map originally drawn in 2011, the plaintiffs' attorneys argued the GOP mapmakers previously packed black voters into the two districts so as to make surrounding areas more white and Republican.

North Carolina: New congressional maps challenged in federal court | News & Observer

The voters who convinced a three-judge panel that two of North Carolina's congressional districts were racial gerrymanders contend in a court document filed late Monday that new maps drawn in February are no better. Attorneys for David Harris of Durham and Christine Bowser of Mecklenburg County asked the three-judge panel to reject the new maps drawn last month as "a blatant, unapologetic partisan gerrymander" that provides no legal remedy to the 2011 maps that were struck down Feb. 5. Many are watching the latter case as one that could test the limits of drawing districts for partisan advantage — something courts have allowed, to an extent. In their 40-page filing, the challengers contend the North Carolina districts go well beyond what previous rulings have allowed. They also argue that legislators drew maps that intentionally limit minority representation.

North Carolina: What happens now that North Carolina’s got 2 primaries? | Associated Press

A ruling by federal judges on North Carolina’s congressional districts this month has turned the primary election on its head. Now there are two primary dates — June 7 for the congressional elections and the previously scheduled March 15 for all other races. Here’s a look at how the state got to this point, what the changes mean for voters and candidates and the chances for more election complications before November. How did we get here? North Carolina held elections in 2012 and 2014 under congressional and legislative district maps the General Assembly drew in 2011. All the while four lawsuits challenging the maps meandered their way through state and federal courts. All the litigation essentially alleged Republican mapmakers created more majority black districts than legally necessary by splitting counties and precincts. Republicans said the maps were fair and legal.

North Carolina: Redistricting plaintiffs ask federal judges to act quickly | News & Observer

Critics of the congressional redistricting process that took place in 2011, and who successfully sued to overturn it on the basis of racial gerrymandering, on Monday filed a brief in federal court saying they don’t like the new map, either. The plaintiffs asked the three-judge panel of the federal court that ordered the map redrawn to establish an expedited schedule to determine if the new map, approved by the General Assembly on Friday, is valid under constitutional considerations. They ask that the court make that determination by March 18. “The map adopted by the General Assembly has been subject to considerable criticism, and plaintiffs share those deep concerns,” the brief they filed Monday says. “Their preliminary analysis of the new plan suggests that it is no more appropriate than the version struck down by the court. It is critical that the citizens of North Carolina vote in constitutional districts in the upcoming primary, now scheduled for June, and every election thereafter.”

North Carolina: Judge revises proposed court schedule in redistricting case | Greensboro News & Record

A federal judge has given the opponents of North Carolina’s congressional redistricting maps until Monday to outline their objections. U.S. District Court Judge William Osteen Jr. asked the plaintiffs to “state with specificity the factual and legal basis for each objection.” Plaintiffs David Harris and Christine Bowser had sued the state over its 2011 maps that redrew North Carolina’s 13 congressional districts. A three-judge panel ruled Feb. 5 that the maps were unconstitutional and ordered the state to come up with new ones.

North Carolina: Local elections boards await word from state | Sun Journal

Local elections officials are awaiting word from the state Board of Elections on how to proceed with a possible extra congressional primary this year.
The regular primary for all other races is still scheduled for March 15. The U.S. Supreme Court denied a state request for a stay on redistricting maps, and the state legislature redrew the U.S. House district maps late last week. House Bill 2 was approved and did away with a potential second primary and added a June 7 special congressional primary. It also added a new filing period from March 16 to 25 for U.S. House candidates. “We are just waiting,” said Meloni Wray, elections director for Craven County. “The state board has not given us any direction. What we know is according to the paper.” The areas involved for Craven County are District 1, which has no primary slated, and District 3, which has a Republican primary with incumbent Walter B. Jones and challengers Phil Law and Taylor Griffin. Pamlico and Jones counties have only the District 3 primary on their March 15 ballots.

North Carolina: McCrory wants redistricting changes, praises new maps | Citizen Times

State legislators "made the best of a bad situation" when they adopted new U.S. House districts for North Carolina last week but the argument over the districts illustrates the need for a nonpartisan redistricting process, Gov. Pat McCrory said. A three-member panel of federal judges on Feb. 5 directed the General Assembly to draw up new districts no later than Friday, saying legislators had made race too much of a factor when the districts were originally approved in 2011. Legislators approved a new district map Friday on party-line votes – Republicans in favor, Democrats against – and moved the U.S. House primary date from March 15 to June 7. "I didn't think it was an appropriate time for the federal (judges) to rule after the elections were already started ... since those maps have been around literally for 25 years with minor revisions done by both Democrats and Republicans," McCrory said Monday in a brief interview after an announcement of a new auto parts manufacturing plant coming to Mills River.

North Carolina: NAACP calls for redrawn Congressional district map to be thrown out | WNCN

Chaos over a redistricting case has only increased after a court-mandated redraw of Congressional Districts in North Carolina is causing confusion and anger. State Republicans redrew the boundaries after a federal court found two districts were gerrymandered on racial lines. But the NAACP says the new map isn’t a fair solution. “(It’s) an invalid way, an unconstitutional way, of stacking and packing black voters, and then you undermine the power of the black vote,” said Rev. William Barber, head of the North Carolina NAACP. Rev. Barber said his group is calling for judges considering the case to throw out the new map and create one themselves.

North Carolina: Legislators complete voting map redraw; congressional primaries pushed back | Associated Press

Legislators met a Friday deadline to complete a court-ordered rewrite of North Carolina's illegally gerrymandered congressional voting map, all the while looking ahead to further legal challenges. One legal decision quickly went against the Republican lawmakers, who still defend the previous boundaries as fair and legal. The U.S. Supreme Court late Friday refused the state's request to keep using district lines from the 2012 and 2014 elections while the lower-court order is appealed. The denial means the state is on track to hold congressional primaries June 7 under the new map. Had the Supreme Court sided with the state, the congressional primary would have remained March 15 as previously scheduled. The state House gave final approval to the new map dividing the state's 13 U.S. House seats after federal judges earlier this month declared the old map was illegally gerrymandered by race. Challengers had complained that legislative Republicans drew the previous congressional lines to pack black voters in two districts, leaving the rest more white and more favorable to the GOP.