There will be no same-day registration and out-of-precinct provisional ballots will not be counted during the upcoming election, as the U.S. Supreme Court has stayed the Fourth Circuit order reinstating those voting provisions.
Justice Ruth Bader Ginsburg, joined by Justice Sonia Sotomayor, dissented from the court’s opinion:
The Court of Appeals determined that at least two of the measures—elimination of same-day registration and termination of out-of-precinct voting—risked significantly reducing opportunities for black voters to exercise the franchise in violation of §2 of the Voting Rights Act. I would not displace that record-based reasoned judgment.
The court’s order is here.
As Justin Levitt notes at the Election Law Blog, “The order isn’t a permanent reversal — it’s a stay awaiting the disposition of a petition for certiorari, if one is filed. But it’s enough to put the state’s law back in effect this November.”