A federal judge in Winston-Salem today set the schedule for a trial challenging North Carolina’s sweeping new voter restrictions. There will be a hearing on whether to grant a preliminary injunction in July 2014 and a full trial a year later, in July 2015. This gives the plaintiffs challenging the law, which includes the Department of Justice, the ACLU and the North Carolina NAACP, a chance to block the bill’s worst provisions before the 2014 election. Earlier this year, in July 2013, the North Carolina legislature passed the country’s worst voter suppression law, which included strict voter ID to cast a ballot, cuts to early voting, the elimination of same-day voter registration, the repeal of public financing of judicial elections and many more harsh and unnecessary anti-voting measures. These restrictions will impact millions of voters in the state across all races and demographic groups: in 2012, for example, 2.5 million North Carolinians voted early, 152,000 used same-day voter registration, 138,000 voters lacked government-issued ID and 7,500 people cast an out-of-precinct provisional ballot. These four provisions alone will negatively affect nearly 3 million people who voted in 2012.
Ironically, it took the North Carolina legislature less than a month to approve the law, but it will take a year before an initial hearing on it and two years before a full trial. That’s because in June 2013 the Supreme Court invalidated Section 4 of the Voting Rights Act, which meant that previously covered states like North Carolina, with the worst history of voting discrimination, no longer had to clear their voting changes with the federal government.
North Carolina passed its new restrictions a month after the SCOTUS decision, making the legislation as draconian as possible because it no longer needed federal approval. The state is crystal-clear evidence of why SCOTUS was wrong to gut the VRA and to treat voting discrimination as a thing of the past. It also shows why Section 2 of the VRA is no substitute for Section 5.