North Carolina: 2 of 3 judges hearing voting law case are from Carolinas | Charlotte Observer

With hundreds of campaigns in North Carolina entering their final six weeks, a federal appeals court must now decide what kind of election the state will hold. Will it be run under North Carolina’s old voting laws? Or will state voters cast ballots under the controversial set of rules passed last year? The answer now rests with three judges – two from the Carolinas – from the 4th Circuit Court of Appeals. For two hours in Charlotte on Thursday, judges Diana Motz of Maryland, Henry Floyd of South Carolina and James Wynn of Martin County heard point and counterpoint in the state’s ongoing battle over the vote. Passed by Republicans in the final hours of the 2013 legislative session, the new rules shaved a week off early voting (though the total number of hours remain the same), ended programs to allow residents to register and vote on the same day, eliminated the use of provisional ballots by voters who turned up at the wrong precincts, and cut a program that allowed 16- and 17-year-olds to register early.

North Carolina: Residents mailed incorrect voter registration information | News Observer

Hundreds of North Carolinians – and one cat – have received incorrect voter registration information, according to the N.C. State Board of Elections. The information – an “official application form” – was sent by Americans for Prosperity, a national conservative group with a state chapter based in Raleigh. Since then, hundreds of people who received the forms have called and complained to the State Board of Elections, said Joshua Lawson, a public information officer for the board. “It’s unclear where (Americans for Prosperity) got their list, but it’s caused a lot of confusion for people in the state,” Lawson said. One resident even received a voter registration form addressed to her cat, he said.

North Carolina: Appeals court hears voter suppression case | Associated Press

A federal appeals court is hearing arguments in a case challenging a new North Carolina voting law that critics say will suppress minority voter turnout in November. The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals set Thursday for an expedited hearing in Charlotte. The court will consider whether the November elections can be held under the voting law approved by Republican lawmakers. In early August, U.S. District Court Judge Thomas Schroeder denied a motion seeking to hold the November vote under old rules, saying the groups failed to show they would suffer “irreparable harm.” But lawyers for the North Carolina branch of the NACCP asked the appeals court to review Schroeder's ruling.

North Carolina: Republicans see positives with voter ID credit | Associated Press

With all the legal wrangling and vocal protests about North Carolina's new election changes, you'd think legislators who helped pass the wide-reaching 2013 law might keep quiet about that support as General Assembly elections approach. Actually, they're actively taking credit for the law — or at least it's most publicized provision. In mailers and on a television ad early in the fall campaign, a handful of North Carolina Senate Republicans seeking re-election are highlighting their votes for a bill that will soon require people to show a valid photo identification to vote in person. That's because the idea of voter ID remains popular and reinforces a promise many lawmakers made to pass it when they first got elected.

North Carolina: NAACP files complaint over state Senate leader’s ad for misleading on voter ID | Facing South

The North Carolina NAACP has filed a complaint with the state Board of Elections and the Guilford County district attorney against the campaign of N.C. Senate President Pro Tem Phil Berger (R) over a TV and internet ad that could mislead viewers on the status of the state's voter ID requirement. Under a sweeping election law passed last year by the Republican-controlled legislature and signed into law by Gov. Pat McCrory (R), voters will have to show a photo ID beginning in 2016. But that's not the impression some might get from watching the ad, which states:

You need a photo ID to drive, cash a check, even to buy medicine. Shouldn't you show a photo ID to vote? Liberals like Obama and Kay Hagan say no. Phil Berger fought the liberals and won. Now, thanks to Phil Berger, voters must show a valid photo ID to vote.

Berger's ad does not qualify that the photo ID requirement will not be in effect for this election. The ad first began airing a year ago, but the NAACP said it just became aware of it when the 30-second spot aired recently on television in Guilford County and other areas.

North Carolina: ‘Monster’ election law disenfranchised more than 450 primary voters, report finds | Facing South

More than 450 North Carolina citizens whose votes would have counted in the 2012 election had their ballots rejected during this year's primary due to election law changes made last year by the Republican-controlled legislature. Those disenfranchised were disproportionately African Americans and Democrats, lending support to claims that the new law is discriminatory. Those are among the findings of a new report by the voting rights watchdog group Democracy North Carolina, which analyzed provisional ballots cast in this year's primary. The analysis focused on provisional ballots rejected due to two recent changes in state voting rules: one ending same-day registration and the other requiring election-day ballots to be cast in one's own precinct. Bob Hall, the group's executive director, interviewed a dozen of the affected voters to gather more details about what happened. "I was blown away, I have to say," Hall said at a Sept. 10 press conference outside the state elections board, referring to what he heard from voters whose ballots were rejected.

North Carolina: Hundreds of Voters Are Disenfranchised by North Carolina’s New Voting Restrictions | The Nation

Craig Thomas of Granville County, North Carolina, registered to vote before he deployed to Afghanistan with the US Army. After serving abroad for eighteen months, he went to vote early in the state’s primary on April 30. He returned from Afghanistan to the same house, in the same precinct, but was told at the polls that there was “no record of registration” for him. In the past, Thomas could’ve re-registered during the early voting period and cast a regular ballot under the state’s same-day registration system. But same-day registration was one of the key electoral reforms eliminated by the North Carolina legislature last year when it passed the nation’s most onerous package of voting restrictions. In 2014, Thomas had to cast a provisional ballot, which was not counted. After fighting abroad, he was disenfranchised at home. Thomas was one of 454 North Carolina voters who would have had their ballots counted in 2012 but did not have them counted in the 2014 primary because of North Carolina’s elimination of same-day registration and prohibition on counting a provisional ballot cast in the wrong precinct, according to a new review by Democracy NC. (North Carolina also cut early voting by a week and mandated a strict voter ID law for 2016, among other things.)

North Carolina: Federal appeals court to weigh in on voter laws before November elections | News Observer

The NAACP and others challenging the sweeping changes to North Carolina election laws in 2013 will have an opportunity to make arguments to a federal appeals court that the November elections should be held under old laws. The 4th U.S. Circuit Court of Appeals set Sept. 25 as the date for oral arguments on the pros and cons of an emergency appeal filed in late August by the NAACP, the League of Women Voters, registered Democrats in North Carolina and others. The hearing will be in Charlotte, according to documents filed in federal court Tuesday. Nearly a month ago, U.S. District Judge Thomas D. Schroeder rejected a similar request from the organizations and Democrats challenging the election law overhaul. Schroeder ruled the challengers had failed to make the case that voters would suffer “irreparable damages” if elections were held under the 2013 rules.

North Carolina: State: Overturning decision on voting law would cause problems in November’s election | Winston-Salem Journal

Scrapping much of the state’s new voting law, including a reduction in the number of days for early voting, at this late stage would cause havoc for the November general election, state attorneys argue in court papers filed Tuesday with the 4th Circuit of the U.S. Court of Appeals. The state NAACP and others are asking the 4th Circuit to overrule a federal judge’s decision to deny a preliminary injunction blocking many of the provisions of the state’s new voting law from taking effect for the Nov. 4 general election. Those provisions include reducing the number of days for early voting from 17 to 10, eliminating same-day voter registration and prohibiting county officials from counting ballots cast by voters in the correct county but wrong precinct. The law also gets rid of preregistration for 16- and 17-year-olds and increases the number of poll observers that each political party assigns during an election.

North Carolina: Attorneys for state NAACP file appeal of federal judge’s ruling on voting law | Winston-Salem Journal

Attorneys for the state NAACP and others filed a motion Monday asking the 4th Circuit U.S. Court of Appeals to overrule a federal judge’s decision to deny a preliminary injunction blocking the state’s new voting law for the Nov. 4 general election. The state NAACP had announced last Thursday that it would appeal the ruling. The motion Monday comes two weeks after U.S. District Judge Thomas D. Schroeder denied the preliminary injunction that would have barred a state law that reduces days for early voting, eliminates same-day voter registration and prohibits county officials from counting ballots cast by voters in the correct county but wrong precinct. The law also gets rid of preregistration for 16- and 17-year-olds and increases the number of poll observers that each political party assigns during an election.

North Carolina: NAACP appeals federal judge’s ruling to let 2014 elections proceed under new voting rules | News Observer

The NAACP has appealed a federal judge’s decision to allow elections to proceed under the sweeping changes made to North Carolina voting laws in 2013. U.S. District Judge Thomas D. Schroeder rejected a request earlier this month by the NAACP and other challengers of the 2013 overhaul to hold the November elections under old election laws instead of the ones at the heart of the lawsuit scheduled for trial in July 2015. The NAACP, the League of Women Voters, registered Democrats in North Carolina and others contend that voters will suffer “irreparable damages” if any elections scheduled before the hearing of the lawsuit are held under the laws adopted by the Republican-led General Assembly and signed into law by Gov. Pat McCrory last summer.  “If one person’s right to vote is denied or abridged this election, this democracy suffers,” the Rev. Dr. William J. Barber II, president of the North Carolina NAACP, said in a prepared statement. “While restoring the rights of North Carolina voters and renewing the integrity of democracy in our state will require a long legal fight, we must start now by doing everything we can to block this law for the November election.”

North Carolina: Court Rules Voting Rights Rollback to Stay In Place Until After Midterm Elections | The Atlantic

A federal judge has temporarily authorized North Carolina to implement a sweeping new law that threatens to reduce access to the polls, particularly for African-American, Latino, and young voters. The ruling by U.S. District Judge Thomas Schroeder, a George W. Bush appointee, is an early test of the Supreme Court’s Shelby County v. Holder decision, which overturned key parts of the Voting Rights Act. In 2000, North Carolina started rolling out efforts to make it easier to register and vote, only to yank those efforts back thirteen years later. When the state legislature was controlled by Democrats, it authorized counties to conduct up to seventeen days of early voting, including Sunday voting, which enabled black churches to transport parishioners to the polls. It also allowed citizens to register and vote on the same day. Sixteen- and seventeen-year-olds could preregister, often at their high schools, ensuring they’d be on the rolls when they turned eighteen. And voters who showed up at the wrong precinct could still cast ballots in certain races. From 1996 to 2012, the state's ranking in turnout among voter-eligible adults shot up from 43rd to 11th, according to the United States Elections Project at George Mason University. African-American participation pulled even with white participation.

North Carolina: After loss in court, voting rights activists turn attention to mobilizing in the streets | Facing South

Following a federal judge's decision last week to deny a request by the U.S. Department of Justice and civil rights groups to block North Carolina's restrictive new voting law from being enforced during this November's election, voting rights activists are turning their attention from the ongoing legal battle in the courtroom to organizing voters to turn out despite the new rules. "We will not falter in our efforts to mobilize until this extreme law is completely repealed," said Rev. William Barber of the N.C. NAACP, one of the civil rights groups that sought the injunction. "Our movement against this voter suppression law is built on the legacy of those who have testified before us, with their feet and blood, to fight for equal rights in North Carolina and the nation." On Friday, U.S. District Court Judge Thomas D. Schroeder declined to issue a preliminary injunction that would have prevented restrictive provisions in the voting law passed last year by the Republican-controlled North Carolina legislature and signed by Gov. Pat McCrory (R) from taking effect during this year's general election. Those provisions include a shorter early voting period and an end to same-day registration, out-of-precinct voting and straight-party voting.

North Carolina: Voting suits continue despite ruling | Associated Press

Civil rights activists opposed to North Carolina's dramatic voting law changes will use the ballot box and the courts to try to overturn them after a judge refused to block them from being used, attorneys for the state NAACP said Monday. A U.S. District Court judge declined late last week to prevent continued implementation of several provisions being challenged in court by advocacy groups, voters and the federal government. But Judge Thomas Schroeder allowed a trial on the constitutionality of those provisions to continue as planned next July, rejecting requests of the state to throw out the three lawsuits. The provisions, already used in the May primary, eliminated same-day registration during early voting, reduced the early-voting period by a week and eliminated the counting of ballots cast on election day outside of a person's home precinct. Voters also are being told at the polls to prepare for a photo identification requirement in 2016. Political parties also can send in more observers to monitor voting.

North Carolina: Registrars plan to replace voting equipment before it fails | Roanoke Times

Thou shall not be like Florida in 2000. To keep that commandment, state lawmakers want localities to purchase voting machines that leave a paper trail. However without state funds to back up the directive, local registrars must figure out how long they can chance using the old touch-screen machines while they find money to afford new ones. Botetourt County Registrar Phyllis Booze worries touch-screen voting equipment purchased following the Bush v. Gore debacle might not hold up to the demand of heavy voter turnout expected for the 2016 presidential contest. Under state law, she can’t buy replacements for broken or worn machines and she needs hundreds of thousands of local dollars to switch to paper-based optical scanners.

North Carolina: Judge Backs New Limits on North Carolina Voting | New York Times

A federal judge in North Carolina on Friday rejected an effort by civil rights groups and the Justice Department to block the application of key elements of a Republican-backed state law that curtailed early voting and other opportunities for residents to cast their ballots. The 125-page written ruling, issued late Friday by Judge Thomas D. Schroeder of the Federal District Court, rejected the plaintiffs’ arguments that the law, one of the most far-reaching in a recent national wave of Republican-backed legislation on voter ID and against voter fraud, would place “disproportionate burdens” on African-American voters hoping to participate in the November elections. Judge Schroeder, who was nominated by President George W. Bush, acknowledged that given the racism in North Carolina’s past, residents “have reason to be wary of changes in voting law.” But he cited various ways in which black voters would still have opportunities to get to the polls, even with the less generous ballot access the law affords. For example, one part of the law reduces the period of early voting to 10 days from 17.

North Carolina: Federal judge rejects preliminary injunction on voting law | Winston-Salem Journal

North Carolina’s new voting law that, among other things, reduces early voting hours and eliminates same-day voter registration will be in place for the November elections, a federal judge ruled late Friday. U.S. District Judge Thomas D. Schroeder denied a preliminary injunction barring the use of the laws, saying that the U.S. Department of Justice, the state NAACP and others had failed to show that the law would have such “irreparable harm” to blacks, young people, other racial minorities and poor people that it should be blocked for the November election. That election features the hotly contested U.S. Senate race between Democratic U.S. Sen. Kay Hagan and Thom Tillis, the Republican speaker of the House and one of the main architects of the new law. Schroeder also denied a request by the Justice Department to have federal observers in North Carolina for the November election. But Schroeder also declined to dismiss the trio of lawsuits filed last year, which included the League of Women Voters, the state NAACP, the Justice Department and individual plaintiffs such as Emmanuel Baptist Church in Winston-Salem. The lawsuits, which challenge the constitutionality of North Carolina’s voting law, are scheduled for trial in July 2015.

North Carolina: Despite budget squeeze, lawmakers poised to step up anti-voter fraud spending | Facing South

This week, North Carolina state lawmakers put forward a budget plan that calls for tens of millions of dollars in program cuts -- sacrifices that Republican leaders say are necessary since the state will be collecting $1.57 billion less in revenues through 2015 due to hefty tax cuts approved last year. But at least one program is getting a boost in the plan proposed by the Senate: a request from the N.C. State Board of Elections, led by Kim Strach, to add three new investigators to tackle alleged voter fraud. While the Senate's budget eliminates at least 12 positions from the Department of Health and Human Services, the latest budget plan released Thursday [pdf] calls for $201,657 in new funding "for three new positions to investigate fraud in elections, discrepancies in voter registration information, including duplicate registrations, and to pursue prosecution for violations of election law." According to news reports, Strach had asked for five new investigators to focus on voter fraud. This was addition to the state board's May 2014 hire of former FBI agent Chuck Stuber, who has been tasked with investigating voter fraud and campaign finance issues.

North Carolina: College students challenge North Carolina voting law | USA Today

Starting in 2016, students in North Carolina will have to present a photo ID to vote. Among the forms of acceptable identification are driver’s licenses, passports and military IDs. College IDs, however, are not accepted. The new law has troubled many students in the college community, and now seven students are suing. The students claim the photo ID requirement and measures such as the elimination of out-of-precinct voting are discriminatory against young people, joining organizations such as the NAACP, the American Civil Liberties Union and the Justice Department in a legal battle against the state. The case challenges the constitutionality of North Carolina’s Voting Information Verification Act (VIVA), passed by the state Legislature in 2013. The law also eliminates same-day registration for voters and shortens the period for early registration.

North Carolina: Decision on voting law injunction now up to federal judge | Winston-Salem Journal

A federal judge will now have to decide whether North Carolina’s new voting law is so onerous on black voters that it needs to be blocked before the upcoming November elections. That’s the central question after a four-day hearing in U.S. District Court in Winston-Salem ended Thursday afternoon. National and local voting-rights activists are closely watching the case. U.S. District Judge Thomas D. Schroeder said in court that he would issue a written decision at a later date, noting it would be “sooner rather than later,” given the urgency of the matter. State attorneys argued Thursday that the law was not discriminatory and that it gave everyone an equal opportunity to vote. Opponents disagree. The hearing featured about three days of testimony from state officials, Democratic legislators, experts and blacks voters who said they would be burdened by voting changes that Republicans legislators passed in 2013. The law, known as the Voting Information Verification Act and referred to in the hearing as House Bill 589, would reduce early voting from 17 days to 10, eliminate same-day voter registration, prohibit county elections officials from counting ballots cast by voters in the correct county but wrong precinct and get rid of pre-registration by 16- and 17-year-olds.

North Carolina: Final arguments begin in voter lawsuit | Winston-Salem Journal

After three days of testimony, a hearing in federal court is wrapping up on whether to block certain provisions of North Carolina’s new voting law, such as eliminating same-day voter registration, for November’s election. U.S. District Judge Thomas D. Schroeder on Wednesday began listening to final arguments from plaintiffs’ attorneys. The U.S. Department of Justice, the state NAACP, the League of Women Voters and other groups have filed lawsuits challenging the law and are seeking a preliminary injunction to prevent many of the provisions from going into effect during the Nov. 4 general election. Among the many provisions, the law reduces the number of days of early voting from 17 to 10, eliminates same-day voter registration and prohibits county election officials from counting ballots cast by voters in the correct county but wrong precinct. It also gets rid of pre-registration for 16- and 17-year-olds and would require voters to show a photo ID, beginning in 2016.

North Carolina: New voting law will hurt minority voting, witness says | Greensboro News-Record

North Carolina has a long and established history of voter discrimination against blacks and that history would continue under a new state voting law, an expert testified this afternoon in U.S. District Court in Winston-Salem. Poll taxes were on the books until the 1920s, said Barry Burden, a professor of political science at the University of Wisconsin-Madison. And literacy tests, in which blacks were sometimes forced to read the preamble of the U.S. Constitution, remain on the books, even though they aren’t enforced, Burden said. Burden was testifying in a hearing on a preliminary injunction to block provisions of North Carolina’s voting law that was passed in 2013. Those provisions include reducing the number of days for early voting from 17 to 10, eliminating same-day voter registration and prohibiting county elections officials from counting ballots cast by voters in the correct county but wrong precinct.

North Carolina: Mistrust in North Carolina Over Plan to Reduce Precincts | New York Times

When Alan Langley, a Republican member of the local elections board here, explains a new proposal to consolidate five voting precincts into two, it sounds procedural and well-meaning: He speaks of convenient parking and wheelchair access at the proposed polling places, and of saving more than $10,000 per election. Those precincts, however, are rich with black voters who generally vote Democratic. And when the Rev. Dante Murphy, the president of the Cleveland County N.A.A.C.P. chapter, discusses the plan, he talks of “disenfranchisement” and “conspiracy.” “We know,” Mr. Murphy said, “that this is part of a bigger trend — a movement to suppress people’s right to vote.”

North Carolina: Voting law changes fight in court | Associated Press

Sweeping changes to North Carolina's voting law, considered one of the toughest in the nation, should be put on hold until at least after the November election, the U.S. Justice Department told a federal judge Monday. Lawyers for the Justice Department and an array of civic groups said the Republican-backed measures were designed to suppress turnout among minorities, the elderly and college students — blocs that generally vote Democratic. Supporters of the measure said they ensured fair elections, prevented voter fraud and no group was disenfranchised during recent party primaries. Representing the NACCP, lawyer Penda Hair tried to draw a direct line between the new law and voting rights won during the civil rights era. "We can never forget we are walking on sacred ground when it comes to African-American and Latino voting rights," Hair said. "The long arm of slavery and Jim Crow still reaches into the present."

North Carolina: Voter law challenged: ‘the worst suppression since Jim Crow’ | The Guardian

North Carolina’s voter identification law, which has been described as the most sweeping attack on African American electoral rights since the Jim Crow era, is being challenged in a legal hearing that opens on Monday. Civil rights lawyers and activists are gathering in Winston-Salem, North Carolina, for the start of the legal challenge that is expected to last all week. They will be seeking to persuade a federal district judge to impose a preliminary injunction against key aspects of HB 589, the voting law enacted by state Republicans last August. Lawyers for the North Carolina branch of the NAACP and the civil rights group the Advancement Project will argue that the main pillars of the law should be temporarily halted ahead of a full trial next year. Otherwise, they say, tens of thousands of largely poor black voters could find themselves turned away at the polls at the midterm elections in November.

North Carolina: Hearing on voter ID law draws national attention | Winston-Salem Journal

For Rev. John Mendez, longtime activist and pastor of Emmanuel Baptist Church in Winston-Salem, voting is more than just casting a ballot in a particular election. “I believe that voting is important to the African-American community because it is the only place where powerless people can be powerful,” he said in court papers filed in U.S. District Court in the Middle District of North Carolina as part of a trio of lawsuits challenging the state’s new election law. “It is where individuals who have been excluded and oppressed can find their voice. Voting makes you feel equal to everyone else, which is not the everyday experience for many African-Americans. At its core, voting gives individuals a sense of dignity.” Mendez and others believe that the right to vote, especially for blacks, is under attack in the form of the new election law that Gov. Pat McCrory signed last August.

North Carolina: Fight over voter ID law heads to court | Washington Times

The legal challenge to North Carolina’s voter ID law goes before a federal judge Monday, as the fight over whether the law suppresses minority votes flares up in the state’s U.S. Senate race. Opponents of the law, including Democratic incumbent Sen. Kay Hagan, contend that the identification requirement and other new voting laws create an obstacle for blacks, Hispanics and women to reach the ballot box. The support of the same voter blocs are crucial to Mrs. Hagan’s strategy to win in November against Republican state House Speaker Thom Tillis. The lawsuit, brought by the U.S. Department of Justice, National Association for the Advancement of Colored People and others, seeks an injunction against the law for the 2014 election. A hearing is scheduled Monday before U.S. District Judge Thomas D. Schroeder in Winston-Salem. Mrs. Hagan, meanwhile, will be angling to use the court hearing to vilify Mr. Tillis and rally Democratic voters.

North Carolina: Elimination of voter preregistration program creates confusion for DMV and elections officials | Charlotte Observer

The General Assembly’s decision to do away with voter pre-registration in 2013 has created confusion in state driver’s license offices, where 50,000 teenagers a year had been signed up in a program that automatically added their names to voter rolls when they turned 18. Since September, when part of the sweeping elections overhaul bill took effect, state Division of Motor Vehicles officials have had difficulty figuring out at what age newly licensed drivers should be allowed to register to vote. This issue is one of many expected to be raised next week in federal court by lawyers representing the U.S. Justice Department, the NAACP and others challenging the 2013 elections overhaul bill. The parties are scheduled to appear before U.S. District Judge Thomas D. Schroeder on Monday in a Winston-Salem federal courtroom.

North Carolina: NAACP, others to argue for a preliminary injunction against voting law | Winston-Salem Journal

The state NAACP and other civil rights groups want a federal judge to block what they call the worst voter suppression bill since the days of Jim Crow. “The reality is that this monster voter suppression law was passed a few weeks after Shelby,” said the Rev. William Barber, the president of the state NAACP, in a conference call Tuesday. Barber was referring to a U.S. Supreme Court ruling that struck down Section 5 of the Voting Rights Act that required states and other communities to seek federal approval for changes in voting laws. Forty counties in North Carolina had been under the Section 5 requirement. The law, officially known as the Voter Information Verification Act, includes a number of provisions. The most well-known is a requirement that voters present a photo ID, beginning in 2016, but it also reduces the number of days for early voting from 17 to 10, eliminates same-day voter registration during early voting and prohibits county elections officials from counting ballots cast by voters in the right county but wrong precinct.

North Carolina: Vote early then die? House bill says those ballots count | WRAL.com

The House Elections Committee approved a bill Thursday protecting the votes of people who pass away between casting an early ballot and Election Day, when that vote is officially counted. House Bill 1267, the Everette Harris Act, is named for the father of 2014 U.S. Senate candidate Mark Harris, who lost in the Republican primary. The elder Harris mailed in his absentee ballot in early April, during the early mail-in voting period, but passed away April 17, before May 6 primary.