Courts & the Law, News

Court of Appeals denies legislative request for voter ID hearing with all judges

Previous ruling barring use of voter ID stays in place

The full North Carolina Court of Appeals won’t hear arguments on the state’s new voter photo ID law.

A three-judge appellate panel already ruled unanimously in February to halt the law from taking effect, pending a trial on the merits of the underlying lawsuit, Holmes v. Moore. After that ruling, Republican legislative defendants asked for an en banc hearing, or a hearing before all 15 members of the Court.

There was not a reason given in the Tuesday decision for why judges denied the en banc hearing. Judges Lucy Inman, Phil Berger Jr. and Chris Brook recused themselves from consideration of the case, according to the order.

Lawmakers enacted Senate Bill 824 after North Carolinians passed a vaguely written constitutional amendment to enshrine the use of a voter photo ID. It was passed with 55.4 percent of the vote.

The plaintiffs in Holmes v. Moore filed their lawsuit in state court the day SB 824 became law, and then appealed a lower court’s decision not to issue a temporary ban on voter ID during while litigation was pending.

The Southern Coalition for Social Justice, which represents the five plaintiffs in Holmes, applauded the Court of Appeals’ decision to deny the en banc hearing.

“We believe today’s decision by the full Court of Appeals, which prevents the state’s voter ID law from taking effect until the trial of the case has concluded, continues to send a strong message that the rights of all voters must be protected in North Carolina,” states a news release from the organization.

A federal court has also issued a temporary stay on the state’s voter ID law under a separate lawsuit. The judge in that case wrote a 60-page injunction that noted lawmakers had at least some “discriminatory intent” in passing SB 824.


  1. Emily Keel

    March 25, 2020 at 9:02 am

    Great news! Can we say yet that there will be no voter ID requirement in Nov? Who knows how we will even be voting.

  2. Kevin

    March 25, 2020 at 4:31 pm

    Ridiculous There’s only one thing being discriminated against seeing that only American Citizens vote and not people who should not be voting . ID for cigarets beer liquorOpen a bank accountBy certain over the counter medicationIf anybody says that they cannot get an id they’re lying.

  3. Gary

    March 25, 2020 at 8:41 pm

    Discriminatory intent. May be legal otherwise however there is no doubt of this legislatures intent

  4. David

    March 25, 2020 at 11:56 pm

    Name the bill or Dem sponsor that EVER tried to make it easier for minority or poor or elderly able to get an ID more easily. Yet, the State Constitution can be tossed aside to “protect” those that the Dema have never even tried to help get an IF

  5. Julie Boy

    March 26, 2020 at 4:52 pm

    Racists. I despise the assumption made about folks of color that they are too…what?….and therefore, in capable of getting an i.d. With all the things you are required to have an i.d. for, almost everyone has one. Denying that fact makes you, at best, a hypocrite and at worst a racist.

  6. Maxine Staton

    March 27, 2020 at 8:57 am

    They should uphold the rule of the voters, otherwise why should we vote on anything if the judges can change what we voted on.

  7. Sarah Wall

    March 27, 2020 at 3:26 pm

    Voters my eye! Voters kept slavery in place until the uncivil war. Voters, like the pols that represent them, seem to always have issues with skin that isn’t lily white. Good for the Court!

  8. George

    March 27, 2020 at 9:06 pm

    It’s Democratic politics as usual! Get the crazy ID, what’s the issue?? If you want to vote there’s plenty of time to get an ID!!
    The theory of not having an ID is senseless. You want to drink; you want to smoke; you want to collect SS benefits; you want to drive, you have an ID!!!!

  9. Peggy

    March 28, 2020 at 12:12 pm

    You have to have ID for everything except to vote. Why? Tell me the real reason? I was at the animal shelter recently when someone came to reclaim their dog, they had to show id and did so promptly. I see it all the time. Almost everyone has id. This was not a racial
    issue until the Democrats made it such. I would be ashamed to say my supporters are too ignorant to get some sort of ID.

  10. Mickey

    March 28, 2020 at 2:44 pm

    I am a Republican I’m not a racist I honestly think not letting it go into affect is more racist the Democrats are saying that people of color are to poor to get an ID even after the state agreed to let them have them for free democrats have one agenda that’s to cheat is the 2020 election by letting people vote that could not normally vote

  11. Gene

    March 28, 2020 at 2:56 pm

    This has to go to the U.S. Supreme Court, this is BS!

  12. Cathy

    March 28, 2020 at 6:53 pm

    Why should I get this ID when I have a passport?

  13. Jack Havely

    March 28, 2020 at 9:36 pm

    Anyone born here or naturalized as a citizen should immediately be registered to vote. Voting in a national election should be considered a duty. We, as a nation, should be making it easier for people to vote, not harder. Election days should be national and/or state holidays.

  14. David Wear

    March 29, 2020 at 6:36 am

    The whole push to impose restrictions on who among us gets to vote is, and has always been, motivated by racism. Even if you claim that YOU are not a racist, it changes nothing about the origins and intent of these attempts to put stumbling blocks in the way of the poor, and “minority” American citizens, who, like it or not, are still allowed a vote according to our constitution.
    Also, it ignores the the well-documented fact that incidents of voter fraud are almost non-existent, given the volume of voters; making “fraud” a non-issue statistically speaking. Of course there WAS a major case of voter fraud in our last North Carolina election in 2018, involving a paid Republican operative stealing ballots, and falsifying or destroying them to subvert the outcome, but you don’t see a move among Republicans to pass a law that shores up our defense against such actions.

  15. Chas C

    March 29, 2020 at 3:52 pm

    Why not put a picture on the voter registration card and use that at the polls? Being registered is already required. Put a picture on it, and walla priblem solved.

  16. Gary E

    March 29, 2020 at 10:27 pm

    Yes, heaven forbid someone ask for an id to vote. The mere thought of offending someone by asking all voters to show an id is crazy. That way people could vote however many times they want. And as many different places as they want.

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