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Voting rightsThe good people at Democracy North Carolina released a new and detailed report today that documents the negative impact that North Carolina’s new “monster voting law” has already had on voter participation. The report actually provides the names, hometowns and zip codes of 454 voters who were denied the right to vote in the May primary, but who would have been allowed to vote under the rules governing the 2012 election. This is from the report, which is entitled “Be Prepared: Hundreds of Voters Lost Their Votes in 2014 Primary Due to New Election Rules”:

We analyzed the provisional ballots cast in the 2014 primary by more than 400 voters whose votes would have counted in 2012, but who were rejected this year because of two changes in the rules: (1) these voters were unable to register during the Early Voting period because they couldn’t use the old “same-day registration” law; or (2) they were unable to cast a ballot on Election Day outside of their own polling place because they couldn’t use the old “out-of-precinct voting” law.

Voters denied a chance to have their voices heard include a veteran returning from Afghanistan whose registration was incorrectly terminated while he was away; a first-time voter who registered at the DMV, but that registration didn’t reach the local board of elections; a precinct judge assigned to a precinct other than her own who couldn’t leave to vote in her home precinct; a disabled senior who was driven to a friend’s polling place on Election Day; a nurse who temporarily registered her car in a nearby county while working at its hospital for nine months; a college student who registered during a voter drive but her application was not recorded; and a new couple in town who mailed in their registration but it did not reach the county board of elections before the registration deadline…. Read More

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New findings today from the good government experts at Democracy North Carolina:

Black Turnout Up in May Primary, But Drops in 32 Counties
82% of State’s Increase Centers in 12 Counties with Hot Races

Republican attorneys and the State of North Carolina are telling a federal judge today that about 44,500 more blacks voted in North Carolina’s 2014 primary than in the previous midterm primary, and therefore all the claims about changes in the state’s election law causing voter suppression and discrimination should be dismissed as hogwash.

But an analysis of county-by-county voting patterns by the nonpartisan watchdog group Democracy North Carolina shows that focusing on the statewide total distorts large differences experienced by voters depending on where they live.

Here are some findings from that analysis, using a county-by-county Excel file created by Democracy NC from data on the State Board of Elections FTP site for voter history and registration:

  • Yes, more African Americans voted in the 2014 midterm primary than in the 2010 primary, but black turnout decreased in 8 of the 15 counties where African Americans are over 39% of the registered voters – that is, it decreased in the percent of registered black voters who voted and also decreased in the actual number of votes cast.

  • In fact, black turnout as a percent of registered voters who cast ballots declined in 32 of the 100 counties from the 2010 primary to 2014 primary, including 16 counties where African Americans are over 29% of the registered voters….”

Click here to read the rest of the findings.

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Kansas Sec. of State Kris Kobach

Kansas Secretary of State Kris Kobach

(Cross-posted from Facing South, the blog of the Institute for Southern Studies)

By Chris Kromm

This week, officials at the North Carolina State Board of Elections announced they had discovered possible evidence of widespread voter fraud in the battleground state.

By cross-checking North Carolina voter rolls with those in 28 other states, leaders of the board told state lawmakers they had found 35,750 records of people who voted in North Carolina and whose first name, last name and date of birth matched people who had voted in other states. More surprisingly, it also revealed 765 North Carolina voters in 2012 whose last four Social Security digits also matched those of people who voted in other states that year.

The announcement fueled news headlines and outrage from North Carolina politicians, including legislators on an elections oversight committee who said the findings affirmed the need for voting restrictions passed by the General Assembly in 2013. House Speaker Thom Tillis and Senate Leader Phil Berger issued a joint statement hailing the “newly discovered, alarming evidence of voter error, fraud.”

State Republican Party Chairman Claude Pope said the report showed fraud “represents a significant threat” to elections and applauded his party’s efforts “to protect the integrity of the ballot box” — although measures such as voter ID, which addresses voter impersonation, would have no effect on voting in multiple states.

What the North Carolina election officials didn’t discuss is who had conducted the checks, and when or why the decision had been made to undertake them. They also didn’t mention the results of similar checks done in other states, which have led to only a handful of cases even being considered for prosecution. Read More

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Voter IDAttorneys in the voting rights cases will be back in federal court in Winston-Salem tomorrow morning, asking U.S. District Judge Thomas Schroeder to order that state lawmakers must release e-mail and other communications related to the passage of North Carolina’s sweeping voter suppression law. Lawmakers have so far refused to do so, citing “legislative immunity.”

“What exactly are they hiding?” said Dale Ho, director of the ACLU’s Voting Rights Project. “North Carolinians have a right to know the thinking and motivation behind lawmakers’ decision to make it harder for them to vote. Instead, legislators are concealing their intentions and cloaking their process in secrecy. The people deserve better.”

The state NAACP, the League of Women Voters and the Justice Department filed separate lawsuits in federal court in Greensboro shortly after Gov. Pat McCrory signed House Bill 589, contending that the new law’s voter ID and other provisions violated the U.S. Constitution and the Voting Rights Act.

The court has since consolidated those actions and set them for trial in summer 2015, but the judge has indicated that he will consider suspending the voting changes for the November 2014 elections.

The parties are now knee-deep in the discovery process, and in December plaintiffs subpoenaed several GOP lawmakers, asking them to produce documents they received or sent relating to the voting changes ultimately passed by the General Assembly.

Among the documents sought are communications with constituents, state agencies, lobbyists and political organizations regarding the reasons for voting law changes; studies and reports on voter fraud, race and ethnicity of voters; and analyses of costs associated with administering the new provisions.

State lawmakers’ files may be one of the few sources of proof for plaintiffs hoping to prove that those legislators had a discriminatory purpose in enacting House Bill 589 – a critical element in proving plaintiffs’ constitutional claims and in obtaining future preclearance relief under Section 3 of the Voting Rights Act.

Emails disclosed in the 2011 Texas redistricting battle, for example, revealed that lawmakers there contemplated drawing voting lines in a way that might diminish the Hispanic vote.

But legislators here have asked the court to quash the subpoenas, claiming that they are completely protected from suit by virtue of the doctrine of “legislative immunity,” which, they say, “encompasses all aspects of the legislative process and forbids plaintiffs from seeking any production at all from the legislative movants.”

Read more about the cases, and the dispute before the court tomorrow here.