North Carolina court definitively orders controversial voter identification law – JURIST – News



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A panel of three judges from the Wake County Superior Court in North Carolina permanently enjoined the state’s controversial voter identification law, arguing that it discriminates against black voters.

The court referred to a decision by the United States Court of Appeals for the Fourth Circuit in 2016, which found that Bill House 589 (HB589) be “motivated … by an unconstitutional discriminatory intention to target African American voters” and that the bill has imposed a disproportionate burden on black voters by imposing restrictions on valid forms of photo ID by “targeting voters who, because of their race, were unlikely to vote for the [GOP]. “

Drawing parallels with HB589 and citing a study, the court said the Senate Bill 824 (SB824) in the current case threatened to deny the right to vote several hundred thousand registered voters. According to data compiled in 2013 by the North Carolina State Board of Elections, the types of identification allowed under the bill are predominantly held by Republican voters. The court noted that the Senate was aware of this information and of the proposed changes to the bill, but that no changes were made before the bill was passed.

The court said that the plaintiffs had only to prove “proof of a racially discriminatory intention or purpose” on the part of the defendant’s representatives to prove that a violation took place under the clause. of equal protection of North Carolina. Constitution. The court clarified that the claimants did not need to prove that the discriminatory objective was “the” primary motive for enacting the law, but simply that it was a “” motivating factor. This includes “” intentionally targeting a particular breed’s access to [voting in elections] because its members vote for a particular party, in a predictable way.

The court traced modern attempts by the GOP-controlled state legislature to pass restrictive voter identification laws with a long history of racial discrimination in North Carolina, including “voter suppression based on North Carolina’s race “and the state’s reputation as” one of the largest racial groups. gerrymanders ever “- a point to which the” accused even concede “.

One example is House Bill 351 passed by the legislature in 2011 and vetoed by then Governor Bev Purdue, who feared the bill “unnecessarily and unfairly deprives many eligible and legitimate voters.” The above noted HB589 was suspended due to the Shelby County v. Incumbent decision pending before the United States Supreme Court in 2013, which ultimately emptied many fundamental protections offered by the Voting Rights Act 1965.

SB824 became law in 2018 after a qualified majority in the North Carolina legislature overturned Gov. Roy Cooper’s veto in what has been called a “lame duck” session. The Republican Party was to lose its qualified majority less than a month later. The bill also followed a constitutional amendment requiring the identification of voters in elections.

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