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The U.S. Court of Appeals for the Sixth Circuit ruled today that Ohio’s attempts to limit early voting — a subject that will be argued tomorrow in front of the Fourth Circuit when it considers North Carolina’s recently enacted voting restrictions — are in fact unconstitutional. This is from the Cleveland Plain Dealer:

A federal appeals court on Wednesday affirmed a district court decision restoring early voting cuts and expanding early voting hours.

The ruling from the U.S. 6th Circuit Court of Appeals is a setback for Secretary of State Jon Husted, who had appealed a lower court’s order that he expand early voting hours.

The three-judge panel previously rejected a request to delay the court order pending Husted’s appeal. Husted then expanded statewide early, in-person voting hours while the case proceeded.

Civil rights groups and several African-American churches sued state officials in May over a new state law eliminating “Golden Week,” a week-long window when people could both register to vote and cast a ballot in Ohio, and a statewide early, in-person voting schedule that did not include Sundays. Attorneys led by the American Civil Liberties Union successfully argued in U.S. Southern District Court that the reduced number of days burdened low-income and African-American Ohioans who are more likely to take advantage of Golden Week and Sunday voting.

U.S. District Court Judge Peter C. Economus agreed. He ruled that once Ohio granted a broad scheme of early, in-person voting, state officials could not reduce it in a way that burdened certain groups of voters.

Read the court’s unanimous ruling by clicking here.

Commentary

The good folks at the ACLU have the details on the case which is also being lead by the North Carolina NAACP and civil rights lawyers at the Advancement Project:

The Fourth Circuit Court of Appeals will hear oral arguments on Thursday, September 25, on North Carolina’s restrictive voting law. The American Civil Liberties Union (ACLU) and the Southern Coalition for Social Justice (SCSJ) are challenging provisions of the law that eliminate a week of early voting, end same-day registration, and prohibit out-of-precinct voting. Implementing these provisions would unduly burden the right to vote and discriminate against African-American voters, in violation of the U.S. Constitution’s equal protection clause and the Voting Rights Act.

The ACLU and SCSJ argued the law should be placed on hold until trial next summer —and in time for the midterm elections in November —but a district court judge ruled the law could go into effect; the ACLU and SCSJ appealed.

We are asking the court to protect the integrity of our elections and safeguard the vote for thousands of North Carolinians by not allowing these harmful provisions to go into effect,” said Dale Ho, director of the ACLU’s Voting Rights Project.

WHO: American Civil Liberties Union and Southern Coalition for Social Justice

WHAT: Oral arguments in the Fourth Circuit Court of Appeals on North Carolina’s restrictive voting law

WHERE: The U.S. Courthouse, 401 W. Trade Street, Charlotte, N.C.

WHEN: Thursday, September 25, 1 p.m.

Background: North Carolina passed a restrictive voting law in August 2013. The ACLU and SCSJ challenged provisions of the law Read More

Commentary

Phil Berger[This story has been updated -- see below] There’s been a lot of confusion about North Carolina’s confusing and complicated “Monster Voting Law” — much of it resulting from the fact many of the law’s numerous changes designed to make voting more difficult go into effect at different times. Of course, when your overall objective is to suppress voter turnout — especially amongst already marginalized groups and individuals — confusion can be a useful tool.

Just ask state Senate President Pro Tem Phil Berger. who’s running TV ads touting his role in passing the voter ID provision that was included in the monster law. As WUNC radio’s Jorge Valencia reports, voting rights advocates at the state NAACP are rightfully steamed over the fact that Berger’s ad implies that the voter ID requirement is already in effect for the November election, even though it actually doesn’t take effect until 2016.

The North Carolina NAACP is calling on state Senate Leader Phil Berger to stop broadcasting an ad about a new voting law. The civil rights organization says the ad is misleading and could keep some from voting.

It’s a political campaign spot airing on TV stations in the Triad. And it gives Sen. Phil Berger (R-Rockingham) credit for a 2013 law that changed many rules about voting in North Carolina.

“Now,” the narrator says, “thanks to Phil Berger, voters must show a valid ID to vote.”

Berger himself continues: “Voter ID prevents fraud and protects the integrity of our elections. It’s common sense.”

The NAACP says that is a misleading statement. Portions of this new law are in place — such as there no longer being a possibility to register on the same day as the election and the elimination of the option to vote for one party by checking one box. But the ID portion of the bill, which will compel voters to show identification at polling stations, will not be in effect until 2016. Attorney Al McSurely said at a press conference Tuesday that Berger’s ad is confusing.

A “misleading statement” to say the least. How about “an obvious untruth that’s just the latest wrinkle in the ongoing effort to suppress voter turnout amongst voters worried about long lines and getting hassled at the polls”?

Click here to read the WUNC story and listen to the ad.

UPDATE: Though apparently denying it was in response to the NAACP complaint, Senator Berger has now amended the ad in question to make clear that the voter ID requirement does not go into effect until 2016. Raleigh’s News & Observer has the story here.

Uncategorized

Good government advocate Bob Hall of Democracy North Carolina has a great new column out in which he spells out 15 important tips that shed some important light on tomorrow’s primary election.

“All kinds of myths and rumors circulate during elections. Don’t be discouraged; a scary story may be aimed at making you think voting is too difficult to do.

As an independent watchdog group, Democracy North Carolina receives all kinds of reports on our hotline at 888-OUR-VOTE. We encourage voters to review the candidates at www.ncvotered.org and call the hotline if you have any problems as you vote.

Here are 15 tips to make your voting experience easier:

1. You don’t lose your right to vote if you have an outstanding traffic ticket, warrant, bankruptcy or fine. No elections official will ask you about these….”

Read (and share) the rest of Hall’s 15 tips by clicking here.

15 tips to make your voting experience easier
Uncategorized

GerrymanderingNorth Carolina is a large and complicated state with a population approaching 10 million. Still, even the most unrepentant defenders of the the state’s gerrymandered political map will have to admit that the following fact borders on the absurd:

During next month’s primary election, there will be 3,069 different ballots. According to North Carolina General Assembly Senior Counsel Gerry Cohen, Iredell County — population 162,000 — will have 249. This is simply ridiculous.

Here’s an idea for combating voter “fraud” (and general chaos in North Carolina elections): Simplify our voting districts by doing away with gerrymandering and enacting non-partisan redistricting ASAP.