voteA unanimous panel of the 5th U.S. Circuit Court of Appeals ruled today that Texas’ voter ID law violated Section 2 of the Voting Rights Act, finding that the law had a discriminatory impact on minorities.

Election law expert Rick Hasen, who has analysis in progress here, calls the ruling on Section 2 grounds a ‘big win” for plaintiffs.

Says Hasen:

The 5th Circuit adopted the two part “vote denial” test for Section 2 claims used by the 4th and 6th circuits (which is probably the standard that the trial court in the North Carolina voter id case will apply).  Applying the test, the 5th Circuit affirmed the trial court’s finding of a Section 2 violation. It upheld the finding that the law will have a discriminatory impact on minority voters—that is, minority voters are disproportionately likely to lack one of the types of ID which are allowed under Texas law. Then, [the court] found enough evidence to sustain a finding that [the law] “produces a discriminatory result that is actionable because [it] . . . interact[s] with social and historical conditions in Texas to cause an inequality in the electoral opportunities enjoyed by African-Americans and Hispanic voters.” Particularly interesting in this analysis is the question whether Texas’s explanations for why it needed its law (antifraud, voter confidence) were tenuous. The trial court found that they were because the evidence did not support the need for voter id for either of these purposes, and this factor worked in favor of finding of a Section 2 violation.

Read the full decision here.


Voter IDAttorneys and parties in the voting rights trial return to federal court in Winston-Salem this morning to continue presenting testimony and other evidence to U.S. District Judge Thomas Schroeder.

During week one of what’s expected to be a multi-week trial, attorneys for the parties challenging the sweeping voting restrictions adopted in 2013 unfolded their case with personal stories from voters who struggled to vote as a result, along with testimony from experts about the intent and the impact of the election law changes.

Attorneys for the state in turn sought to poke holes in that testimony, questioning the efforts voters took to cast their ballots and probing the analyses undertaken by the academics.

Here’s a quick look at some of what Judge Schroeder heard last week.

A number of voters testified about difficulties they had in casting a ballot that counted.

Durham resident Gwendolyn Farrington testified on Monday that she tried to vote near her 6 a.m.-to-6 p.m. job, since she couldn’t get to her own precinct, but was told that she had to cast a provisional ballot — which she later learned would not be counted. The 2013 voting changes prohibited the counting of provisional ballots cast in the right county but the wrong precinct.

Terrilyn Cunningham, a minister in Concord, had a similar experience on election day. When she went to vote early before work, she learned that she was in the wrong precinct, but was told she could cast a provisional ballot. Like Farrington, she later learned that her vote wouldn’t count.  Read More

Paul Foley

SBOE member Paul Foley with presidential candidate Donald Trump – Image:

The Winston-Salem Journal became the latest major newspaper this morning to call for Governor Pat McCrory to remove his appointee, Republican lawyer  Paul Foley, from the state Board of Elections. The editorial, which cited Foley’s troubling behavior surrounding the Board’s investigation of a sweepstakes company owner that was also a client of his law firm, came at almost the same time that Associated Press reported new and disturbing developments in the ongoing investigation of Foley related to the elimination of a voting site at Appalachian State University.

After summarizing his behavior in the sweepstake investigation (in which he repeatedly questioned Board of Elections staff and failed to disclose his obvious conflict of interest) the editorial concludes this way:

“Foley has shown he can’t be trusted to understand and fulfill his responsibilities. His continued presence on the board could hurt its credibility.  If he won’t realize that and step down, Gov. McCrory should remove him.”

The Journal editorial comes on the heels of one in yesterday’s edition of Raleigh’s News & Observer that said this:

“The public relies on the State Board of Elections to oversee honest elections and fair enforcement of election laws. Foley can no longer fulfill those roles credibly. He should step down or the governor should ask for his resignation.”

Meanwhile, this is from this morning’s AP story on Foley’s involvement in the A.S.U. voting site matter:
“Paul Foley, a Republican member of the the North Carolina elections board from Winston-Salem, worked closely with local officials in their effort to eliminate a heavily Democratic voting site, a plan a judge ruled was intended to suppress voter turnout, according to hundreds of emails reviewed by The Associated Press.
The state Board of Elections is supposed to act as a neutral arbiter when policy disputes arise involving county elections boards. The emails show that Foley worked closely behind the scenes with GOP officials in Watauga County as they crafted a plan to eliminate the early voting site at Appalachian State University.”

Coming, as they have, at the very moment that Republican officials are trying to defend their relentless and transparent efforts to rig and suppress voting in a federal court trial in Winston-Salem, you’d think these latest revelations would prompt Governor McCrory to ax Foley ASAP. Based on his penchant for waffling and indecisive leadership in so many other controversies, however, it seems just as likely that the Guv will ignore the matter and head off to another ribbon cutting somewhere. Stay tuned.


TVoting rightshe leaders of the North Carolina NAACP and Democracy North Carolina held a brief press conference outside Gov. McCrory’s office this morning to highlight their demand that the Governor explain the precipitous and troubling drop-off in voter registrations at state public assistance offices.

As was reported here and in several other places last week, a 1993 federal law mandates that state public assistance offices affirmatively reach out to clients with whom they interact to give them the opportunity to register to vote. Since the advent of the McCrory administration’s control of state Department of Health and Human Services offices, however, such registrations have dropped precipitously — from an average of more than 2,000 per month to an average of less than 700 per month.

Today the NAACP submitted a letter to the Governor on behalf the Forward Together Moral Movement asking two things:

1) That the Governor address the issue and explain what the heck has happened by this Wednesday, and

2)  That his office and that of DHHS Secretary Aldona Wos provide expedited responses to several demands for public records related to the issue — perhaps most importantly, any correspondence between DHHS headquarters and local public assistance offices related to the issue voter registration.

NAACP President Rev. William Barber explained during today’s event that the Governor’s response (or lack thereof) would dictate whether or not his organization would seek a federal Department of Justice investigation of the matter.

Let’s hope that, for a change, the McCrory administration treats the matter with the seriousness it deserves. As NAACP lawyer Al McSurely pointed out this morning, the rapid decline in voter registrations over the past two years has, by all indication, resulted in as many as 40,000 fewer lower-income people being registered to vote in North Carolina. This is obviously a huge issue that is especially troubling in light of the efforts of conservative lawmakers to advance the so-called “Monster Voting Law” that has erected several new roadblocks to voting in North Carolina.

Stay tuned.


Voter IDA new analysis of voter registration data shows that under the McCrory administration, North Carolina may be systematically failing to provide state residents with the opportunity to register to vote when they apply for public assistance — such as food stamps or welfare — in violation of the National Voter Registration Act.

Commonly called the “Motor Voter Law,” the Act requires public assistance agencies and motor vehicle offices to provide voter registration services whenever someone applies for benefits, renews or recertifies benefits, or changes an address with the agency, unless the person declines these services in writing.

Affected programs include the Supplemental Nutrition Assistance Program (“SNAP”), Temporary Assistance for Needy Families (“TANF”), the Special Supplemental Nutrition Program for Women, Infants and Children (“WIC”), the Medicaid program, and the Children’s Health Insurance Program (“CHIP”).

According to Democracy NC, voter registration applications initiated at public assistance agencies have dropped dramatically since McCrory took office. They fell from an annual average of 38,400 between 2007 and 2012 to an average of only 16,000 in the past two years, a decline of more than 50 percent.

The organization also reports that last fall it and other voting-rights groups checked out 19 public assistance agencies across the state  and found after interviews that up to 75 percent of the clients at the agencies did not see a registration question on agency forms and were not asked whether they would like to register to vote, as required by federal law.

Also, according to this piece in the The Daily Kos:

From 1995 through 2012, the North Carolina State Board of Elections (SBOE) published on its web site annual summaries (in the form of Excel spreadsheets) of its NVRA compliance data. But, beginning in 2013 (when McCrory took office), that practice appears to have come to a halt, and no annual summaries are available there for McCrory’s term (2013-2014).

Here’s a graph from that article showing the apparent decline:

(Source: DocDawg for Daily Kos)

(Source: DocDawg for Daily Kos)

Democracy NC, Action NC, and the A. Philip Randolph Institute sent a notice letter today to the State Board of Elections  and the Department of Health and Human Services, advising both of their findings and giving the state 90 days to comply with the law or face yet another voting rights lawsuit.

North Carolina is already in the throes voting rights battles in the courts. Three federal lawsuits — including one brought by the Justice Department — and another action in state court, all concerning the state’s so called “Monster Voting Law,” are now pending.

The state is also fighting a challenge to its 2011 voter redistricting plan, a case that is now back in state Supreme Court after being remanded by the U.S. Supreme Court.