Courts & the Law, Defending Democracy, News

Wake County judge: Voter ID challenge can move forward in courts

A state constitutional challenge to North Carolina’s new voter ID law can move forward, according to a Wednesday order from Wake County Superior Court Judge Vince Rozier Jr.

Six plaintiffs filed the lawsuit alleging the voter ID law discriminates against and disproportionately impacts minority voters, creates separate classes of voters, imposes a cost and property requirement for voting and impedes the ability of voters to engage in political expression and speech. Legislative defendants responded with a motion to dismiss the suit, which Rozier denied after hearing arguments earlier this month.

Chief Justice Cheri Beasley will now appoint a three-judge panel to hear the case as a whole.

“We appreciate that the court recognized that the voters who brought their case deserve to have a full hearing in front of a three-judge panel,” said Allison Riggs, Senior Voting Rights Attorney for the Southern Coalition for Social Justice. “We look forward to representing plaintiffs as they continue to challenge this discriminatory and unconstitutional law.”

One part of a claim brought by plaintiffs was dismissed by the judge because none of the plaintiffs in the case who were under the age of sixty-five possessed an acceptable state-issued ID that was more than one year expired. Rozier wrote in the order that because the plaintiffs did not fall within the category of voters potentially affected by the claim, there was a lack of standing.

Lawmakers fast-tracked a bill this week, that was signed Thursday by Gov. Roy Cooper, that delays the implementation of the voter ID bill until the 2020 elections.

The Southern Coalition for Social Justice is representing plaintiffs in the voter ID litigation, along with pro-bono counsel from the New York law firm of Paul, Weiss, Rifkind, Wharton & Garrison. The Southern Coalition for Social Justice also represented plaintiffs who successfully challenged the state’s 2013 monster voter suppression law that was ultimately struck down by the U.S Court of Appeals for the Fourth Circuit.

Read Rozier’s order below.



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