Commentary
Sen. Rand Paul - Photo: Facebook

Sen. Rand Paul – Photo: Facebook

North Carolina’s Governor and state legislative leaders have indicated that they will appeal today’s Fourth Circuit ruling that enjoined two key voter suppression provisions that they helped enact in the 2013 “monster voting law.” Interestingly, however, this position runs directly contrary to several strong statements by one of the nation’s most prominent GOP presidential contenders, Senator Rand Paul of Kentucky.

As MSNBC reported yesterday:

Backed by the Supreme Court, Republicans are looking to crack down on early voting. But one of the party’s potential 2016 front-runners doesn’t sound like he’s on board.

“I think it’s a dumb idea to spend a lot of time on Republicans trying to change early voting,” Kentucky Sen. Rand Paul told the Associated Press in an interview published Tuesday. “My position is I want more people to vote, not less.” Read More

News

Voter IDSaying that the right to vote is fundamental, the 4th U.S. Circuit Court of Appeals today ordered the federal district court in Greensboro to stay provisions of the state’s recently enacted voting changes which eliminated same-day registration and prohibited the counting of out-of-precinct provisional ballots.

In a  2-1 decision joined by U.S. Judge Henry Floyd, U.S. District Judge James A. Wynn, Jr. wrote:

Courts routinely deem restrictions on fundamental voting rights irreparable injury.And discriminatory voting procedures in particular are “the kind of serious violation of  the Constitution and the Voting Rights Act for which courts have granted immediate relief.” This makes sense generally and here specifically because whether the number is thirty or thirty-thousand, surely some North Carolina minority voters will be disproportionately adversely affected in the upcoming election. And once the election occurs, there can be no do-over and no redress. The injury to these voters is real and completely irreparable if nothing is done to enjoin this law.

So ruling, the court left intact other provisions of the so-called “monster voting law,” including these: the reduction of early-voting days; the expansion of allowable voter challengers; the elimination of the discretion of county boards of elections to keep the polls open an additional hour on Election Day in “extraordinary circumstances”; the elimination of pre-registration of sixteen- and seventeen-year-olds who will not be eighteen years old by the next general election; and the soft roll-out of voter identification requirements that go into effect in 2016. The judges said that plaintiffs may prevail on these claims later, but did not make enough of a showing to get a preliminary injunction.

Critical to the majority’s decision was the finding that the state’s elimination of same-day registration and its prohibition against counting out-of-precinct ballots likely violated Section 2 of the Voting Rights Act:

Everyone in this case agrees that Section 2 has routinely been used to address vote dilution—which basically allows all voters to ‘sing’ but forces certain groups to do so pianissimo. Vote denial is simply a more extreme form of the same pernicious violation—those groups are not simply made to sing quietly; instead their voices are silenced completely. A fortiori, then, Section 2 must support vote-denial claims.

The court then pointed to undisputed evidence showing that “same-day registration and out-of-precinct voting were enacted to increase voter participation, that African American voters disproportionately used those electoral mechanisms, and that House Bill 589 restricted those mechanisms and thus disproportionately impacts African American voters.”

U.S. District Judge Diana Gribbon Motz issued a dissenting opinion, noting that while she was troubled by portions of the lower court’s ruling she did not believe that ruling met the “clearly erroneous” standard needed for reversal.  Motz also agreed with the state that changes to current voting law should not be made this close to the election.

Attorneys for the challengers praised the court’s decision to block key parts of the new voting law.

“The court’s order safeguards the vote for tens of thousands of North Carolinians,” Dale Ho, director of the ACLU’s Voting Rights Project, said in a statement. “It means they will continue to be able to use same-day registration, just as they have during the last three federal elections.”

“This is a victory for voters in the state of North Carolina,” Southern Coalition for Social Justice staff attorney Allison Riggs added. “The court has rebuked attempts to undermine voter participation.”

But Senate President Phil Berger and House Speaker Thom Tillis, while pleased with the court’s refusal to block several provisions of law, said they were troubled by the ruling on same-day registration and out-of-precinct balloting. “We intend to appeal this decision as quickly as possible to the Supreme Court,” they said in a statement.

Read the full decision here.

 

Commentary

The website Governing has the basics:

Gov. Jerry Brown signed two bills Tuesday written in response to gun tragedies that shook up Northern California: the Isla Vista shooting rampage by a UC Santa Barbara student and the Sonoma County sheriff’s deputy shooting of a boy with a toy gun.

One new law will allow family and friends of a person who is believed to pose a threat or danger to petition a court to remove the person’s guns. The other law will require toy guns sold in the state to have bright-colored markings so that they are not mistaken for real firearms.

For a more in-depth explanation of the new law to allow gun violence protective orders and the senseless mass murder that inspired it, check out the New York Times story by clicking here.

Let’s hope the new laws spur copycat legislatures around the country ASAP.

News

Roger Bacon Academy, the private, for-profit education management organization (EMO) that runs four public charter schools in eastern North Carolina and is headed by prominent charter school advocate Baker Mitchell Jr., appears to have failed to comply with a state-imposed September 30 deadline requiring public charter schools to disclose the taxpayer-funded salaries of any staff who are employed by the private EMOs that manage them.

A directive issued on August 13 by the N.C. Department of Public Instruction’s CFO, Philip Price — on behalf of State Board of Education Chair Bill Cobey – requested all NC charter schools who contract with private, for-profit EMOs to disclose the salary information of the EMO employees who operate or help staff their schools no later than September 30, 2014. Failure to comply with this directive would result in the state placing the charter schools in financial noncompliance status, which could set them on a path toward closure.

The non-profit organization that Roger Bacon Academy manages to oversee their four schools, Charter Day School, Inc., submitted documentation to DPI on September 30, but did not include salary information for employees of the private, for-profit company.

“CDS does not possess individual salaries paid by any private corporation that furnishes services,” said John J. Ferrante, chairman of the board of Charter Day School, Inc., in his September 30 letter to DPI.

North Carolina’s charter schools are public and receive taxpayer dollars to operate.

Last summer, the General Assembly approved legislation that allows private, for-profit charter school management companies to keep their employees’ salaries secret, even though they are paid with public funds.

Read More

Commentary

In case you missed it, the Associated Press is reporting new and disturbing news (click here to see the article in the Greensboro News & Record) about the impact that the nation’s mushrooming economic divide between the rich and everyone else is having on education:

Education is supposed to help bridge the gap between the wealthiest people and everyone else. Ask the experts, and they’ll count the ways:

Preschool can lift children from poverty. Top high schools prepare students for college. A college degree boosts pay over a lifetime. And the U.S. economy would grow faster if more people stayed in school longer.

Plenty of data back them up. But the data also show something else:

Wealthier parents have been stepping up education spending so aggressively that they’re widening the nation’s wealth gap. When the Great Recession struck in late 2007 and squeezed most family budgets, the top 10 percent of earners — with incomes averaging $253,146 — went in a different direction: They doubled down on their kids’ futures.

Their average education spending per child jumped 35 percent to $5,210 a year during the recession compared with the two preceding years — and they sustained that faster pace through the recovery. For the remaining 90 percent of households, such spending averaged around a flat $1,000, according to research by Emory University sociologist Sabino Kornrich.

“People at the top just have so much income now that they’re easily able to spend more on their kids,” Kornrich said.

The article continues:

The disparity in spending patterns creates a hurdle for reducing income inequality through additional education — the preferred solution of many economists.

Thomas Piketty, the French economist whose exploration of tax data helped expose the wealth gap, has argued that education “is the most powerful equalizing force in the long run.”

In short, the article provides a sobering confirmation of what critics have long been saying about the conservative movement’s successful, decades-long campaign to disinvest in and privatize our public education system — namely, that it’s expediting the demise of our middle class society.