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.

North Carolina: Voting law opponents file for preliminary injunction; state asks lawsuits be thrown out | Winston-Salem Journal

A federal judge could decide by this summer whether North Carolina’s new voting laws should be blocked for the Nov. 4 general elections. Attorneys filed motions for a preliminary injunction late Monday in U.S. District Court in the Middle District of North Carolina, which has jurisdiction in Greensboro and Winston-Salem, comparing the new law to past efforts, such as poll taxes, that were designed to disenfranchise black voters. Supporters of the new election changes filed a motion Monday seeking to throw out a trio of lawsuits filed last year challenging the law. The motions ask a federal judge to block the law that Gov. Pat McCrory signed last August. The law, referred to in court papers as House Bill 589, is officially known as the Voter Information Verification Act and includes a number of provisions. The most well-known is a requirement that voters present a photo ID, beginning in 2016. But the law 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. In addition, the law gets rid of pre-registration for 16- and 17-year-olds, increases the number of poll observers that each political party assigns during an election and allows a registered voter in a county to challenge another voter’s right to cast a ballot.

North Carolina: Judge says lawmakers can’t ignore subpoenas | News Observer

A federal trial judge declined Thursday to side with North Carolina lawmakers who believe they are not required to provide documents to groups seeking answers about how a disputed elections-overhaul law was passed. In his ruling, U.S. District Judge Thomas Schroeder upheld the March decision of a magistrate judge who told General Assembly members they didn't have absolute immunity from responding to subpoenas seeking such information. Schroeder's decision provides another incremental court victory to the U.S. government, several advocacy groups, and voters who filed lawsuits to block provisions of the 2013 law. The plaintiffs argue that a reduction in the number of early voting days, the elimination of same-day registration during early voting, and a requirement for photo identification that will go into effect in 2016 are discriminatory and erode voting rights.

North Carolina: Judge considers voter ID arguments | Winston-Salem Journal

A federal judge is expected to rule soon whether 13 Republican legislators — including the leaders of the state House and Senate — can ignore subpoenas for documents by groups challenging North Carolina’s new voting laws. Judge Thomas Schroder heard arguments Friday in U.S. District Court in Winston-Salem. Attorneys representing the state had appealed a March 27 ruling from Magistrate Judge Joi Peake, arguing that the legislators — including Thom Tillis, the speaker of the state House, and Phil Berger Sr., the president pro tem of the Senate — had absolute legislative immunity and that providing documents and emails generated while drafting the legislation would put a chill on debate and research necessary in making laws.

North Carolina: Technology issues plague primary | The Daily Dispatch

Crashing websites and other technology issues plagued local boards of elections poll submissions to the state Tuesday night. The 2014 primary election results stalled after polls closed at 7:30 p.m. Melody Vaughan, with the Vance County Board of Elections, said they submitted their voting results around 8:30 p.m. Granville submitted around 10:30 p.m., said Tonya Burnette, Granville’s Board of Elections director. The Warren County office struggled with the new system and was unable to finalize voting reports until 6:30 a.m. Wednesday. “They [Raleigh] changed a lot of things, and the election reporting module was one of them,” Deborah Formyduval, director of Warren County Board of Elections, said.

North Carolina: New election software delayed voting report in North Carolina counties | News-Record

The Old Guilford County Courthouse was filled with the candidates’ excitement and anxiety as the first results popped up from Tuesday’s primary. But those in the lead had to contain their excitement — all of the precincts reporting by 8 p.m.? No, that can’t be right. The Guilford County Board of Elections learned almost immediately after uploading early voting results that something was wrong with the software. The State Board of Elections provided software to the counties. From 2007 until last fall, the state used a Tampa, Florida-based developer called SOE Software, but then the state brought election reporting in-house. Problems arose as counties started uploading their data. Although the number of ballots cast was correct in the information published on the county’s screen of the state’s website, candidates and reporters had little idea what they meant because the number of precincts reporting wasn’t correct.

North Carolina: Voting law causes confusion at the polls | MSNBC

North Carolina’s restrictive new voting law was in effect for the first time in Tuesday’s primary election. And there were plenty of signs that the law could make it harder to cast a ballot for many in the Tar Heel State. Tuesday’s off-year election wasn’t a good test of the law’s impact because turnout among Democrats—who are likely to be most affected by the restrictions—was tiny. Additionally, the law’s most high-profile provision, a photo ID requirement, won’t go into effect until 2016. Still, there was ample cause for concern about the law’s effect on future elections, when turnout will be higher. Two such races to keep an eye on include this fall’s U.S. Senate race, when Kay Hagan, the Democratic incumbent, faces Republican Thom Tillis, and 2016, when Gov. Pat McCrory will stand for re-election, and the state figures to once again be a presidential battleground.

North Carolina: Voting law gets first test in Tuesday primaries | Al Jazeera

On a recent weekday night in central North Carolina, about 20 people, mostly African-American senior citizens, gathered in a neighborhood church. After an opening hymn, a congregant walked to the lectern and asked all to bow their heads. “As we listen to each speaker tonight,” she said, “we ask for better understanding of how to fulfill our right to vote.” The evening’s order of business was to educate people about the complexities of the state’s new voting law, enacted in August by the Republican governor and GOP-controlled legislature. Tomorrow’s primary elections, in which voters will choose local officials as well as nominees for congressional races, will be the first time North Carolina voters go to the polls since the law’s passage. Though Tuesday’s voting is unlikely to provide a significant test of the new law — turnout is typically low in midterm elections — voting-rights advocates are keeping an eye on provisions, such as curtailed early voting and the end of same-day registration, that they say will disproportionately affect poor, working-class and African-American voters. (The best-known element of the new law, requiring voters to show government-issued identification at polling places, is not scheduled to go into effect until 2016.)

North Carolina: Voting rights advocates say they’ll monitor precincts to see how law is being implemented | Associated Press

During Tuesday's primary elections for one of the most closely watched U.S. Senate races in the country, voter advocacy groups will be trying to gauge the effects of a new state law that requires photo IDS at the polls, reduces the number of early-voting days, and eliminates same-day registration. Eight Republican candidates are competing to be the candidate who will challenge Democratic incumbent Sen. Kay Hagan in November. The contest is an important one for the GOP, which is trying to regain control of the U.S. Senate in this year's midterm elections — and it is the first election in North Carolina held since the elections overhaul took effect. Several provisions of the new law are being challenged in at least four federal and state lawsuits. A key part of the law — requiring voters to show photo IDs — won't start until 2016, although voters Tuesday will be asked if they have photo IDs. If they don't, they can still vote, but will be asked to sign an acknowledgment of the ID requirements and will be given information on how to obtain a photo ID, in some cases for free.

North Carolina: Experts: Early voting cuts will hit blacks hardest | MSNBC

If the cuts to early voting in North Carolina’s restrictive voting law had been in effect in 2012, Election Day wait times would have risen dramatically, a significant number of would-be voters would have given up in frustration—and African-American voters would have been hit hardest. That’s according to two top voting scholars, whose testimony in the lawsuit seeking to overturn the measure was released Thursday by the ACLU, one of the groups leading the effort. The law’s challengers, including the U.S. Justice Department, allege that it violates the Voting Rights Act, which bars racial discrimination in voting. The expert testimony of Ted Allen of Ohio State and Paul Gronke of Reed College is a key part of establishing both that the measure would make it harder to vote and that its impact would be felt disproportionately by non-whites. Among other provisions, North Carolina’s law, passed last year by Republicans, cut seven days from the state’s early voting period. In 2012, 900,000 North Carolinians used those days to vote.

North Carolina: State joined controversial voter cross-check program as other states were leaving | Facing South

On April 2, 2014, leaders of North Carolina's state election board announced they had participated in a national program to verify voters run by Kansas' controversial secretary of state, Kris Kobach. The results ignited a firestorm: Media outlets and Republican lawmakers quickly declared that plugging North Carolina's voter data into Kobach's Interstate Crosscheck program had revealed proof of "widespread voter fraud" and justified a host of voter restrictions passed in 2013. But Interstate Crosscheck has been hounded by controversy since it launched in Kobach's office in 2005. Despite initial hysteria about alleged fraud -- as happened this month in North Carolina -- few actual cases of fraud have been referred for prosecution, as presumed cases of double voting in multiple states turn out to be clerical and other errors. Amidst the controversy, at least two states have dropped out of the program, just as North Carolina was joining it.

North Carolina: Voting rights groups turn to education in fight against voter ID law | Al Jazeera

Even before it passed, opponents had taken to calling it the Monster Law. But the 56-page bill that ultimately cleared the GOP-controlled General Assembly here last summer and was signed into law by Republican Gov. Pat McCrory in August was, if possible, worse than what they had imagined. Freed from having to clear election law changes with the Justice Department after the Supreme Court struck down a key provision of the Voting Rights Act, North Carolina lawmakers enacted what is considered by many the toughest voting restrictions in the United States. “That was the opening for the Senate to then say, ‘OK, we can do anything. We can make this in our view the best’ — or in Common Cause’s view … the worst — ‘proposal in the land,’” said Bob Phillips, executive director of Common Cause, a nonpartisan citizens’ advocacy group. “We have the worst overall elections laws in the country and the most onerous voter ID in the land.”

North Carolina: After initial hysteria, back-pedaling over North Carolina voter fraud claims | Facing South

Last week, top staff of the N.C. State Board of Elections made a presentation to legislators about the state of voter registration in North Carolina. Out of the board's 58-page PowerPoint presentation [pdf], only two of the slides (34 and 35) related to the Interstate Crosscheck, a project run by the Kansas secretary of state to root out suspected voter fraud. But the findings of North Carolina's involvement in Crosscheck quickly ignited a media firestorm, especially in the conservative media: "N.C. State Board Finds More than 35K Incidents of 'Double Voting' in 2012" trumpeted National Review. "Oh My: Audit Finds Evidence of Widespread Voter Fraud in North Carolina" blared Townhall.com. Dick Morris, the conservative comentator and former political operative, made even more wild claims, claiming in an editorial for The Hill that North Carolina's findings offered "concrete proof that massive voter fraud might have taken place in the 2012 election, sufficiently widespread to have tainted more than 1 million votes nationwide." As Facing South was one of the first to report, however, the North Carolina election board's data offered little proof of rampant fraud. The 35,750 figure represented people who, when plugged into Crosscheck's database of voter files from 28 states, had the same first name, last name and date as birth of people who had voted in other states in 2012. But many of those can be explain by clerical errors and the fact that a surprisingly large number of people in different states share the same names and birthday.

North Carolina: Who’s driving North Carolina’s latest voter fraud hysteria? | Facing South

This week, officials at the North Carolina State Board of Elections announced they had discovered possible evidence of widespread voter fraud in the battleground state. By cross-checking North Carolina voter rolls with those in 28 other states, leaders of the board told state lawmakers they had found 35,750 records of people who voted in North Carolina and whose first name, last name and date of birth matched people who had voted in other states. More surprisingly, it also revealed 765 North Carolina voters in 2012 whose last four Social Security digits also matched those of people who voted in other states that year. The announcement fueled news headlines and outrage from North Carolina politicians, including legislators on an elections oversight committee who said the findings affirmed the need for voting restrictions passed by the General Assembly in 2013. House Speaker Thom Tillis and Senate Leader Phil Berger issued a joint statement hailing the "newly discovered, alarming evidence of voter error, fraud."

North Carolina: Election officials identify hundreds of cases of potential voter fraud | Charlotte News Observer

North Carolina elections officials told state lawmakers Wednesday that they have identified hundreds, and potentially thousands, of voters who may have cast ballots in two states in the 2012 general election. Republican legislators on an elections oversight committee quickly reacted, calling the number of possible voter fraud cases “shocking,” “outrageous” and “proof positive” that fraud is occurring in North Carolina elections. They called on elections officials to investigate all possible fraud and refer potential criminal cases for prosecution. Double voting is a felony. “That is outrageous. That is criminal. That is wrong, and it shouldn’t be allowed to go any further without substantial investigations from our local district attorneys who are the ones charged with enforcing these laws,” said Sen. Thom Goolsby, a Wilmington Republican. Others urged caution until more information about the numbers comes to light.

North Carolina: Voter fraud in North Carolina? Not so fast | MSNBC

Conservative supporters of voting restrictions think they’ve found the holy grail in North Carolina: A genuine case of massive voter fraud that can be used to justify efforts to make it harder to vote. The reality, of course, is far less clear. Non-partisan election experts are already pouring cold water on the claims, noting that other recent allegations of major voting irregularities have fizzled upon closer scrutiny. In a report released Wednesday, North Carolina’s elections board said it had found 35,570 people who voted in the state in 2012 and whose names and dates of birth match those of voters in other states. The board said it also found 765 North Carolinians who voted in 2012 and whose names, birthdates, and last four digits of their Social Security number match those of people in other states. The board said it’s looking into all these cases to determine whether people voted twice. There’s a lot riding on what the board finds. North Carolina Republicans last year passed a sweeping and restrictive voting law, which is currentlybeing challenged by the U.S. Justice Department. The law’s voter ID provision would likely have done nothing to stop the double voting being alleged here, but solid evidence of illegal voting could still bolster the state’s case that the measure is justified. It could also make it easier for the state to remove from the rolls voters who are thought to be registered in two states—raising concerns that legitimate voters could wrongly be purged.

North Carolina: State Board of Elections proposes ways to improve N.C. voter rolls | The Voter Update

Staff from the N.C. State Board of Elections discussed ways to improve the maintenance of voter rolls before a legislative committee on Wednesday and said they were investigating possible cases of voting irregularities. Kim Strach, director of the elections board, presented the findings of a recent crosscheck of voter registration information among 28 states, including North Carolina, comparing some 101 million records. The result of that analysis found 765 exact matches of name, date of birth and the last four digits of Social Security numbers for voters who may have cast a ballot in North Carolina and another state in the 2012 general election. The report found an additional 35,750 potential matches of name and date of birth – but not Social Security number – of people who possibly voted in North Carolina and one other state in 2012.

North Carolina: Groups fighting voter ID law say state holding documents | News-Record

Attorneys in a trio of lawsuits challenging North Carolina’s voter identification law say that as of the middle of last week, the State Board of Elections had not turned over a single electronic document, despite a plan agreed to by both sides earlier this month to produce that material. The U.S. Department of Justice, along with a group of plaintiffs that includes the North Carolina NAACP and the League of Women Voters, filed suit last year that claims that the Voter Information Verification Act will disproportionately hurt black voters. Supporters say it will help prevent voter fraud. A judge on Friday signed an order setting deadlines for the release of relevant, non-protected electronic documents by the state elections board. According to that order, the agency indicated it was prepared to release a set of documents Friday. Plaintiffs in the suit also scored a victory Thursday when a federal judge ruled that state lawmakers could not disregard subpoenas to turn over material.

North Carolina: Federal judge rules correspondence, emails over voter ID law a public record | Charlotte News Observer

The North Carolina legislative leaders who led the crafting of the state’s new voter ID law will have to turn over some of their correspondence and email messages to voters and organizations challenging the wide-ranging amendments, according to a federal court ruling. U.S. Magistrate Judge Joi Elizabeth Peake issued a ruling on Thursday that addresses an attempt by lawmakers to quash subpoenas seeking email, correspondence and other documents exchanged while transforming the state’s voting process. In a court hearing earlier this year, attorneys for 13 Republican legislators tried to turn back efforts to get the correspondence released.

North Carolina: Judge tells North Carolina to provide documents about voting law even after it was enacted | Associated Press

North Carolina must provide groups suing to overturn last year's voting law with documents created even after it was signed in the summer, a judge has ruled. The federal magistrate judge's order released Tuesday is important to civil rights groups and the U.S. government, which contend portions of the law are unconstitutional and discriminatory under the Voting Rights Act. They argue they need documents about how the law is being implemented to show it's going to hurt voters in minority groups. Attorneys defending the law argued that state agencies shouldn't have to provide documents dated past Aug. 12, when Gov. Pat McCrory signed the law. They said the breadth of documents should be limited to before that date, when the General Assembly was developing the legislation.