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Tuesday, April 26, 2016


Back to the voting booth

by Tom Sullivan

Well, that didn't go as hoped. This morning's headline in the Charlotte Observer online reads, "Federal judge who backed limits on early ballots upholds voter ID requirement." Slate summarizes:

A federal judge on Monday upheld a 2013 North Carolina voter ID law that increased the requirements a voter must meet to cast a ballot, a move that critics say is an effort to discourage black and Hispanic voters from political participation. The suit was brought by the U.S. Department of Justice, the North Carolina chapter of the NAACP, as well as a group of North Carolina voters, and claimed the new measure, one of the strictest in the country, violated the Voting Rights Act and the Constitution. U.S. District Judge Thomas Schroeder, however, disagreed and in his 485-page opinion wrote “North Carolina has provided legitimate state interests for its voter ID requirement and electoral system.”
Critics condemned the ruling, which they will likely appeal to the 4th Circuit:
"This is just one step in a legal battle that is going to continue in the courts," said Penda Hair, an attorney representing the NAACP. The law "targets the provisions that once made North Carolina among the states with the highest turnout in the nation. This progress was especially clear among African-American and Latino voters, who came to rely on measures like early voting, same-day registration and out-of-precinct provisional ballots to ensure their voices were heard."
The New York Times explains what was on the table:
The opinion, by Judge Thomas D. Schroeder of Federal District Court in Winston-Salem, upheld the repeal of a provision that allowed people to register and vote on the same day. It also upheld a seven-day reduction in the early-voting period; the end of preregistration, which allowed some people to sign up before their 18th birthdays; and the repeal of a provision that allowed for the counting of ballots cast outside voters’ home precinct.

It also left intact North Carolina’s voter identification requirement, which legislators softened last year to permit residents to cast ballots, even if they lack the required documentation, if they submit affidavits.
Just weeks ahead of a hearing last July, Republicans in the legislature swapped out some of the barricades to voting for hoops.

Rick Hasen at Election Law Blog has additional analysis of the opinion, including these observations on the original impetus behind the bill:
5. On the need for the voter id law to prevent voter fraud, the court says first that it is hard to find impersonation fraud without an id requirement, but more importantly the Supreme Court in the Crawford case said there need not be evidence of impersonation fraud to justify the law. So while the plaintiffs have to present tons of evidence of burden, the state can get by with no evidence of a need. (This seems perverse to me.)
So plaintiffs provided insufficient proof of a burden and the state provided no justification for the law. Let's call it even.
6. The court also finds that the state did not act with discriminatory intent, citing (without an appreciation for irony) at p. 387 the testimony of Hans von Spakovsky to the legislature on the need for this restrictive law. Whether or not his testimony was true, the court says, the legislature could have believed it true, thereby negating possibility of discriminatory intent.
Spakovsky, the Professor Harold Hill of voter fraud, testified that the “potential for abuse exists.” And windmills might be giants. Sufficient enough reason to pass a law restricting them.

It's back to the voting booth, people, if voters expect to stop them from stopping voters.