North Carolina: Judge to take several weeks to rule on voter ID challenge | Charlotte Observer

A Wake County judge plans to take two to three weeks to decide whether a lawsuit challenging North Carolina’s voter ID law should be dismissed or proceed to trial this summer. Mike Morgan, a Wake County Superior Court judge, briefed attorneys Friday after listening to several hours of arguments for and against the dismissal request. The case is rooted in an overhaul of North Carolina election law that was adopted by the Republican-led General Assembly in 2013. Under the sweeping changes, which are also being challenged in federal court, voters going to the polls in 2016 will have to show one of seven forms of photo identification to cast a ballot. The League of Women Voters of North Carolina, the North Carolina A. Philip Randolph Institute and five female voters argue that lawmakers overstepped the bounds of the state Constitution when they added the ID requirement. Attorneys for the state lawmakers countered that registered voters without one of the seven acceptable IDs are not shut out completely from voting.

North Carolina: Voter ID requirement weighed in court | Associated Press

North Carolina's upcoming photo identification requirement to vote received a full day in court Friday but no decision from a judge on whether the mandate is lawful to begin in 2016 or unconstitutionally harms the poor or older adults who lack IDs. Superior Court Judge Michael Morgan didn't immediately rule on motions by each side that would essentially declare a winner, and said it may take him up to three weeks to do so. A summer trial is scheduled unless Morgan strikes down the requirement as unconstitutional or rejects all the claims of those who sued. Attorneys representing state officials sat at one table in a Wake County courtroom while lawyers for some voters and two advocacy groups sat at another making oral arguments on top of written briefs already filed since the August 2013 lawsuit. The litigation is one of four complaints filed soon after Gov. Pat McCrory signed an elections overhaul law that contained several voting changes. In additional to photo ID, the law reduced the number of early-voting period days by one week, repealed same-day registration and prohibited voting outside one's home precinct on Election Day.

North Carolina: Critics of voter ID law to present their case in court Friday | Charlotte Observer

Whether N.C. voters will have to show a photo ID in 2016 will depend on whether opponents can show why they shouldn’t have to. That test begins Friday when critics of the 2013 election law overhaul argue that the ID requirement violates the North Carolina Constitution. North Carolina residents and voting-rights organizations challenging the state’s voter ID requirement contend that voters, not lawmakers, hold the power to make such a change to election law. Voters, they say, would have to approve an amendment to the state Constitution. In a hearing scheduled to take place in Wake County court on Friday, attorneys for the League of Women Voters of North Carolina, the North Carolina A. Philip Randolph Institute and five female voters plan to argue that lawmakers overstepped the bounds of the state Constitution when they overhauled election laws in 2013. Friday’s hearing focuses on the voter ID requirement scheduled to go into effect in 2016.

North Carolina: Law change could cost counties | The News Herald

Come 2018, the county could have to cough up more than half a million dollars for new voting equipment and it could go back to paper ballots. Kim Strach, executive director of the North Carolina State Board of Elections, said in a letter sent to local elections offices that most voting equipment in the state is nearing the end of its lifespan. She said counties will need to plan for large expenditures to buy new voting equipment. In her letter, Strach said direct record electronic voting equipment will need to be replaced because the machines will be decertified in January 2018. She said a law change will require a paper ballot for all certified voting systems. The state board of elections will have to approve any new voting equipment, she said.

North Carolina: Forsyth County elections office wants to replace equipment; proposal could cost about $1.4M | Winston-Salem Journal

The Forsyth County elections office wants to buy new elections equipment this year, but the county commissioners will have to decide whether to fund the request. Steve Hines, director of elections for Forsyth County, said his office is asking to replace all of its voting equipment – including the optical scanners that record paper ballots at precincts and the larger tabulator used at the elections office. Hines said his office is still in talks with the vendor for Election Systems & Software equipment, but has a rough cost estimate of about $1.4 million. Hines said he hates to ask for that much. “But I’d hate to go through what we went through this past year on a presidential scale,” Hines said. The elections office dealt with a number of hiccups in the general election last November, including breakdowns of vote-counting machines at precincts and the elections office. The equipment is about a decade old. … The county uses paper ballots on Election Day, but it uses iVotronic touch-screen machines for early voting and Election Day handicap-accessible voting. The county will no longer be able to use those machines as of 2018 because they don’t print a ballot.

North Carolina: District Map Fracas Sputters | Courthouse News Service

Throwing out two lawsuits accusing North Carolina lawmakers of redrawing district lines based on race, the state's highest court found no constitutional violation. Margaret Dickson and 45 other voters filed suit on Nov. 3, 2011, over redistricting plans that North Carolina lawmakers passed for the state House, state Senate and U.S. House. One day later, the North Carolina State Conference of Branches of the National Association for the Advancement of Colored Peopled, joined by three other organizations and 46 more individuals, filed a second lawsuit. Both alleged that the redistricting plans violate the equal-protection clause of the U.S. Constitution by classifying people according to their race.

North Carolina: Vote still out on impact of new election law on turnout | News Observer

With roughly 44 percent of registered voters participating in 2010 and 2014 midterm elections, the impact of changes to North Carolina’s election law on the overall turnout remains unclear. Supporters of the changes – which include a shorter early voting period and the loss of same-day registration – say the turnout shows that claims of “voter suppression” were unfounded. Early voting participation and early turnout among minorities was higher than in 2010. But liberal groups say the turnout would have been even higher had the Republican-dominated legislature rejected the changes. They point to a study by Democracy North Carolina that estimated that 50,000 voters were “silenced” by the new law. That figure was generated from calls to a voting hotline, reports from volunteer poll monitors and a review of past election data. A deluge of ads in the most expensive U.S. Senate race in state history didn’t change turnout much. It barely increased, from 43.3 percent in 2010 to 44.3 percent this year.

North Carolina: Supreme Court: GOP-Redistricted Maps Are Constitutional | HNGN

The North Carolina state Supreme Court ruled on Friday that redistricted voting maps designed in 2011 by the state's Republican-led legislature are constitutional. Critics denounce the maps as an attempt to marginalize black voters by weakening their influence through unlawful gerrymandering. A majority of justices disagreed, saying instead that the redistricting plans for the state's congressional and legislative seats do not violate anyone's rights, Reuters reported. The ruling comes 11 months after the justices first heard arguments in the case and supports a similar July 2013 ruling by a panel of three judges. In 2010, Republicans took the North Carolina legislature for the first time in more than a century, and after drawing new voting districts, increased their majority in subsequent elections, according to Reuters.

North Carolina: High court backs voting maps as drawn | WRAL

The North Carolina Supreme Court on Friday upheld the constitutionality of state voting maps drawn by the Republican-majority legislature in 2011. Critics of the maps filed suit against them, arguing that they violated the constitutional rights of minority voters. A coalition of groups, including the League of Women Voters, the state chapter of the NAACP and the Southern Coalition for Social Justice, argued that Republican mapmakers had packed black voters into a small number of districts, thereby reducing their voting power in neighboring districts that were drawn to favor GOP candidates. Authors of the maps argued that they were following the requirements of the federal 1965 Voting Rights Act, which required mapmakers in states subject to the federal law to create majority-minority districts where possible to ensure the viability of minority candidates.

North Carolina: Questions raised about access to state’s election database system | Star News

Just weeks after the availability of completed absentee ballots on the public email server came to light, questions are being raised about access to login information for the state's election database system. The email server makes available to the public correspondence between officials in New Hanover County, including emails to and from elections director Marvin McFadyen. Since the ballots issue came to light last month, the county removed McFadyen's email from the public server. According to a news release in late November from the Derrick Hickey Campaign, it found a "stockpile" of voted absentee ballots.

North Carolina: Redrawn political lines create sparse choice for voters | Citizen-Times

In the ideal view of American government, voters choose the leaders who will guide their states and country. But some say the way U.S. House and state legislative districts are drawn has turned that idea on its head: Every 10 years, the party in power picks which voters incumbents will face in the next election. Results of this year's general election have once again fueled concerns about North Carolina's redistricting process, one in which the state General Assembly draws lines for U.S. House and legislative districts once a decade. Exactly half of all 120 state Houses races in November featured only one candidate. In the Senate, 19 of 50 races had just the one candidate. Only 30-40 of the remaining seats in the two chambers were truly "in play," meaning either candidate had a realistic chance of winning, according to state political experts.

North Carolina: Voting machine problems do not change election outcome | WRAL

Supreme Court Associate Justice Cheri Beasley won her re-election campaign against Forsyth County lawyer Mike Robinson despite vote tabulation errors discovered in several counties throughout the state. Beasley won by more than 5,000 votes in a race where more than 2.4 million votes were cast. Recount results, which the State Board of Elections certified during a teleconference meeting Tuesday, showed Robinson picked up a net of 17 votes across the state. Robinson has told State Board of Elections officials that he has conceded and will not seek a further recount. While the overall vote swing was not enough to make a meaningful dent in the election total, changes in Davidson, Lenoir and Wilson counties, all of which use touch-screen voting equipment, involved eye-catching totals of several hundred votes each. In Davidson County, Beasley picked up 520 votes and Robinson gained 884 votes since the time county elections officials originally canvassed votes. The problem, elections officials there say, was a faulty media card used to store and transfer votes from a touch-screen machine.  "It did not affect any of the outcomes of local races at all," said Donna Zappala, who handles information technology issues for the Davidson County Board of Elections. The county was able to recover the votes from a backup system, she said.

North Carolina: Duke Mathematicians Investigate 2012 Election Results | WUNC

Back in 2012, more North Carolinians voted for Democrats than Republicans in North Carolina’s Congressional elections. But Republicans ended up winning nine out of the state’s 13 seats that year. Those numbers piqued the interest of researchers at Duke, who decided to seek a mathematical explanation for the discrepancy. They recently published a study with their results. It’s near the end of a long workday and math Professor Jonathan Mattingly is climbing a steep set of stairs to his office on Duke University’s campus. "We share this hall with the physics department, physics starts somewhere right down there," Mattingly says. He opens the door to reveal an office that looks like it belongs to a math professor. There are books everywhere and a big chalkboard on one wall covered with half-erased equations. This is where Mattingly first got the idea to include one of his students, senior Christy Vaughn, in the mathematical conundrum of the 2012 U.S. Congressional Elections in North Carolina. "One day I kinda had this idea that we should look at gerrymandering. And so I called her and I said I got an idea," says Mattingly. (Gerrymandering is the setting of electoral districts in an attempt to obtain political gain.) "Right away I was very interested in this project because it’s just such a stark result that so few seats were [awarded to Democrats] when the popular vote was so different," chimes in Vaughn.

North Carolina: New election law blocked as many as 50,000 would-be voters this fall | Facing South

New voting restrictions and poll workers' unpreparedness and confusion kept somewhere between 30,000 and 50,000 eligible North Carolinians from voting in this fall's general election. That's the conclusion of a new report from Democracy North Carolina. The voting rights watchdog analyzed 500 reports from poll monitors in 38 counties and 1,400 calls to a voter assistance hotline to come up with its estimate, which does not include the thousands of people who might have voted before Election Day if the law had not cut the early voting period by a full week. The report found that most of the problems were due to three changes made by the law passed last year by the Republican-controlled legislature and signed by Gov. Pat McCrory: the repeal of same-day registration, which allowed qualified citizens to register and vote during the early voting period; the repeal of out-of-precinct voting, which allowed people to cast a valid provisional ballot at different polling sites in their county on Election Day; and the repeal of straight-party voting, which created backlogs at polling places and led to long waits for many. (Read the full report, which includes examples of specific challenges faced by voters, online here.)

North Carolina: Voting machine problems do not change election outcome | WRAL

Supreme Court Associate Justice Cheri Beasley won her re-election campaign against Forsyth County lawyer Mike Robinson despite vote tabulation errors discovered in several counties throughout the state. Beasley won by more than 5,000 votes in a race where more than 2.4 million votes were cast. Recount results, which the State Board of Elections certified during a teleconference meeting Tuesday, showed Robinson picked up a net of 17 votes across the state. Robinson has told State Board of Elections officials that he has conceded and will not seek a further recount. While the overall vote swing was not enough to make a meaningful dent in the election total, changes in Davidson, Lenoir and Wilson counties, all of which use touch-screen voting equipment, involved eye-catching totals of several hundred votes each. In Davidson County, Beasley picked up 520 votes and Robinson gained 884 votes since the time county elections officials originally canvassed votes. The problem, elections officials there say, was a faulty media card used to store and transfer votes from a touch-screen machine.

North Carolina: Recount possible in North Carolina Supreme Court race | News Observer

Despite an effort by the Republican State Leadership Committee to influence the Supreme Court races in North Carolina, the three candidates targeted by the organization emerged as victors. Democrats Cheri Beasley, Sam Ervin IV and Robin Hudson won their races for seats on the bench of the state’s highest court. Hudson, an incumbent targeted in a spring attack ad funded largely by the Republican State Leadership Committee, and Ervin each received more than 52 percent of the vote. Ervin, a N.C. Court of Appeals judge who ran an unsuccessful bid for a high court seat in 2012, collected more votes than Bob Hunter, a former colleague on the state appeals court.

North Carolina: Early voting turnout increases amid concerns over voter ID law | The Chronicle

Election Day brings a series of changes in voting for North Carolina's residents—but the early voting period showed that not all of the modifications have had the expected outcome. Some experts initially said that a 2013 bill limiting early voting, eliminating same-day registration and requiring voters to present identification at polling places would drive down voter turnout. This was anticipated to affect Democrats in particular—whose most loyal constituents, minorities and youth, are already less likely to vote, especially in midterm elections. But early voter turnout has increased across the state, with Democrats accounting for much of the surge. In the year since the bill was passed in the Republican-controlled legislature, it has been labeled by a number of state and national Democrats as a voter suppression campaign.

North Carolina: Appalachian State voting site survives legal fight | WRAL

The North Carolina Supreme Court said Wednesday afternoon the courts should take up the issue of early voting on the campus of Appalachian State, literally moments after the State Board of Elections had voted to restore the on-campus early voting site. However, the early voting site will remain open as the state elections board voted, unless the board meets again to cancel the site. The Supreme Court order came down just before 5 p.m., about twenty minutes after the state board voted unanimously to OK the site in a hastily called emergency meeting. Early voting is scheduled to begin in Watauga County at 8 a.m. Thursday. The latest developments follow a ruling last week in a lawsuit filed by a group of Watauga County voters that argued the closure of the on-campus site was a transparent attempt to reduce Democratic turnout. Wake Superior Judge Donald Stephens agreed with the plaintiffs, ordering the state elections board to adopt a new early voting plan for Watauga County that would include a site on campus.

North Carolina: Early voting starts today, eligibility for 10,000 not verified | Winston-Salem Journal

The State Board of Elections will not be able to verify before the early-voting period begins today whether all of the nearly 10,000 names that it has flagged as belonging to possible ineligible voters are in fact ineligible, according to interviews with elections and transportation officials. Elections officials estimate that most are likely eligible to vote, but the uncertainty has led some state lawmakers to question why the verification process is happening now. The Winston-Salem Journal reported Wednesday that, according to the SBOE, a specific search of those 10,000 names on the state's voter rolls turned up 145 that belong to immigrants in the U.S. under the federal program known as Deferred Action for Childhood Arrivals, or DACA, which provides qualified applicants with a two-year reprieve from deportation. The number has been pared down to 119 after more research, said Josh Lawson, a spokesman for the SBOE. "Zero" DACA license holders have cast a ballot, he said. Mike Charbonneau, the deputy secretary of communications at the N.C. Department of Transportation, provided information on where some of the DACA license holders registered to vote.

North Carolina: Elections polling site at ASU likely as appeals court lifts stay | Winston-Salem Journal

The campus of Appalachian State University may host a polling place for the early voting period. The N.C. Court of Appeals on Tuesday sided with a grassroots group of Watauga County Democrats that has fought for a long time to have a polling site on campus. The appellate court lifted its temporary block on a lower court's decision that would have allowed the polling site earlier. There is still a possibility that the N.C. Supreme Court could upend the ruling, as the State Board of Elections, which is made up of three Republicans and two Democrats, had already filed an appeal last week with the high court. But what is certain is that the early-voting period begins Thursday.

North Carolina: Superior Court judge orders early voting site for ASU campus | News Observer

A Wake County Superior Court judge has sided with a group of Appalachian State University students who were miffed that there wasn’t an early voting site on campus this year. Judge Donald Stephens on Monday kicked Watauga County’s plan back to the State Board of Elections for revision, ordered it to include “at least one” ASU early voting site, and agreed with the plaintiffs that the plan violated a constitutional provision against the discrimination of young voters. “I think it’s a great victory for voting rights,” said Bill Gilkeson, attorney for the seven plaintiffs, five of whom are students. Elections records show Watauga County has the highest percentage of student voters of any county in the state, while the plaintiffs’ petition for judicial review noted students make up 34 percent of the county’s population. “All credible evidence indicates that the sole purpose of that plan was to eliminate an early voting site on campus so as to discourage student voting and, as such, it is unconstitutional,” wrote Stephens in his order.

North Carolina: Parts of North Carolina Law Limiting Vote Are Restored by Justices | New York Times

The Supreme Court on Wednesday issued a brief, unsigned order reinstating provisions of a North Carolina voting law that bar same-day registration and counting votes cast in the wrong precinct. A federal appeals court had blocked the provisions, saying they disproportionately harmed black voters. In a dissent, Justice Ruth Bader Ginsburg, joined by Justice Sonia Sotomayor, said she would have sustained the appeals court’s determination that the two provisions “risked significantly reducing opportunities for black voters to exercise the franchise.” The case arose from a law enacted by North Carolina’s Republican-controlled Legislature in the wake of Shelby County v. Holder, the 2013 Supreme Court decision that effectively eliminated a central provision of the federal Voting Rights Act, its Section 5.

North Carolina: U.S. Supreme Court Upholds North Carolina’s Limits on Voting | Governing

The U.S. Supreme Court issued a ruling on Wednesday that means voters in North Carolina will not be able to vote out of their precincts on Nov. 4 nor register to vote and cast ballots on the same day. The ruling blocked a 4th U.S. Circuit Court of Appeals decision Oct. 1 that reinstated same-day voter registration and out-of-precinct voting for the coming election. The justices offered no insight into their 7-2 ruling to uphold a district court ruling to let the November election proceed under the 2013 rewrite of the state's elections laws. Supreme Court Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented and issued an opinion outlining their reasons. They said they had no reason to disagree with the 4th Circuit's reasoning that elimination of same-day registration and out-of-precinct voting would limit opportunities for black voters to cast ballots. Ginsburg said the Voting Rights Act of 1965 had "worked to safeguard long-obstructed access to the ballot by African-Americans" by blocking such election-law changes in the South. But the court voided that "pre-clearance rule" last year in a 5-4 decision. North Carolina voting laws were changed weeks after the Supreme Court ruling on the Voting Rights Act.

North Carolina: Supreme Court allows North Carolina to implement voting law for midterm elections | The Washington Post

The Supreme Court Wednesday night allowed North Carolina to implement for the coming election changes in the state’s voting law that an appeals court had blocked. The action means that the state can eliminate same-day registration and not count ballots cast by voters who show up at the wrong precinct. A panel of the U.S. Court of Appeals for the 4th Circuit had blocked both changes because it said they would disproportionately affect African-American voters. The Supreme Court’s order did not detail the majority’s reasoning. But Justices Ruth Bader Ginsburg and Sonia Sotomayor said they would have kept the lower court’s order in place.  “The Court of Appeals determined that at least two of the measures — elimination of same-day registration and termination of out-of-precinct voting — risked significantly reducing opportunities for black voters to exercise the franchise in violation of Section 2 of the Voting Rights Act,” Ginsburg wrote. “I would not displace that record-based reasoned judgment.”

North Carolina: Same-day voter registration restored – at least for now | Associated Press

North Carolina is moving ahead with plans to comply with an appeals court ruling that restores same-day registration and counting out-of-precinct ballots for the fall election, a state attorney told a federal judge Tuesday. But members of civil rights groups that sued to restore the activities told U.S. District Court Judge Thomas Schroeder the State Board of Elections has to do a better job of letting voters know they will be happening. The board’s website contains inaccurate information, including that “voters who appear at the wrong precinct won’t have their votes counted,” said Allison Riggs, a staff attorney for the Southern Coalition for Social Justice. She said that will cause “confusion among voters.” “These are things that can be easily changed and should be changed by this afternoon,” she said.

North Carolina: Officials scramble after new voter law blocked by court | Reuters

North Carolina officials, scrambling to comply with a court ruling that blocked parts of a restrictive voter law just weeks before the November election, were in federal court on Tuesday to detail a proposed overhaul of their election plans. North Carolina was ordered to restore provisional ballots and same-day voter registrations last week when a U.S. appeals court found some provisions of a wide-ranging voter law, with restrictions considered among the nation's most stringent, could disproportionately harm black voters. State attorneys said they did not anticipate problems bringing back provisional ballots, typically cast by voters who went to the wrong precinct. But they told the court it could be difficult to electronically process voter registrations occurring during early voting.

North Carolina: Some of North Carolina’s absentee voters hit a signature snag | News Observer

Thousands of North Carolinians have already locked in their ballots for this year’s general election, courtesy of the state’s postal voting period that began Sept. 5. But for some who’ve tried, compliance with voting law has been an issue. By early October, elections officials had marked more than 80 absentee-by-mail ballots as invalid. In most cases, they simply lacked the signatures of two witnesses – a change due to the voting law enacted by the legislature last year. Previously an absentee voter only needed one witness signature. Now if the voter doesn’t have two people witness as the ballot and accompanying envelope are filled out, he or she must have the ballot notarized. Without those signatures, the ballots go to the dead pile.

North Carolina: State Asks Supreme Court to Intervene in Voting Rights Fight | TIME

Attorneys for North Carolina and voting rights groups battling it out over the state’s 2013 voting law will have yet another hurdle to clear before it becomes clear if that law will or will not be in effect come early November’s elections. Just days after the civil rights organizations challenging the law celebrated an appellate court decision to lessen its impact by allowing same-day registration and out-of-precinct voting during upcoming midterm elections, they now have until 5 p.m. ET Sunday to respond to the state’s request that the U.S. Supreme Court enjoin the Fourth Circuit Court of Appeals’ decision to block parts of the law. In a petition filed late Thursday, North Carolina attorneys say the lower court’s decision, set to be in effect during a statewide general election for the first time this November, “represents a massive and unprecedented last-minute change” before the state’s early voting period starts Oct. 23. “North Carolina is not prepared for the changes and will not have enough time to implement them in an orderly manner,” the petition reads.

North Carolina: 2 New Limits on Voting in North Carolina Are Rejected by U.S. Court | New York Times

A federal appeals court on Wednesday forced North Carolina officials to restore two provisions for ballot access that had been eliminated in a law passed by the state’s Republican-controlled Legislature that civil rights groups said would disproportionately harm black voters. The 2-to-1 ruling by the United States Court of Appeals for the Fourth Circuit restores “same-day registration,” which allows North Carolina voters to register and cast ballots in single visits to locations for early voting. The ruling also sets aside another part of the law and directs the state to count provisional ballots that are filed outside of voters’ home precincts. The elimination of same-day registration and out-of-precinct provisional voting were two of the numerous restrictive changes enacted in the law, known as H.B. 589, that was signed by Gov. Pat McCrory in August 2013. The law was one of several passed recently in Republican-controlled statehouses on the grounds that they would protect the integrity of the electoral process or save money. But many Democrats see them as blatant efforts to suppress the turnout of minorities, young voters and others.

North Carolina: 4th Circuit Court of Appeals hands NAACP partial victory on voter ID law | Associated Press

The 4th Circuit Court of Appeals has reversed a federal district court's denial of a preliminary injunction on some parts of North Carolina's controversial new voter ID law. The higher court will delay elimination of same-day registration and prohibition on counting out-of-precinct ballots. "The court's order safeguards the vote for tens of thousands of North Carolinians. It means they will continue to be able to use same-day registration, just as they have during the last three federal elections," said Dale Ho, director of the ACLU's Voting Rights Project, in a statement.

Click here to read the full opinion (.pdf)