North Carolina Voting Laws Changed: Federal Court of Appeals Reverse Provisions Allegedly Discriminating Low Income Voters
The 4th Circuit Court of Appeals reversed two provisions of North Carolina's 2013 voting law that law groups claimed were restrictive against minorities.
The American Civil Liberties Union (ACLU), the ACLU of North Carolina Legal Foundation and the Southern Coalition for Social Justice claimed the state's voting rights law discriminated voters because of provisions eliminating a week of early voting, same-day registration and prohibit "out-of-precinct" voting. Early voting played a major role in the state's 2012 elections as 2.5 million ballots were cast during North Carolina's early voting period.
Judge James Wynn, who was appointed by President Barack Obama, reversed the President George W. Bush-appointed judge's decision to implement the law. Judge Wynn's decision restored same-day registration and out-of-precinct provisional voting.
"The court's order safeguards the vote for tens of thousands of North Carolinians. It means they will be able to continue to use same-day registration, just as they have during the last three federal elections," ACLU's Voting Rights Project Director Dale Ho said.
North Carolina lawmakers created the law in 2013 following the U.S. Supreme Court's decision to invalidate provisions the Voting Rights Act of 1965. The Supreme Court's decision came with a 5-4 vote, split by political ideologies, and claimed minorities do not encounter the racial barriers from several decades ago in today's society.
The Leadership Conference on Civil and Human Rights President and CEO Wade Henderson commended the 4th Circuit of Appeals' decision but called for Congress to restore the Voting Rights Act.
"The day after the Supreme Court gutted the Voting Rights Act in Shelby County v. Holder, the North Carolina legislature pushed through a bill that discriminates against African-American voters by putting up new barriers to voting procedures they rely on," Henderson said in a statement. "Pre-Shelby, the legislature knew that this bill -- the most restrictive voting bill in the nation -- would have been blocked from taking effect by the Department of Justice. But after the Supreme Court eliminated that protection, legislators rushed to restrict ballot access for Black voters."
Henderson said the 4th Circuit of Appeals' decision is a step in the right direction for North Carolina voters, but it does not serve as a "remedy" for millions of voters who saw their voting protections removed by the Supreme Court's decision last year.
"This is a victory for voters in the state of North Carolina," said Southern Coalition for Social Justice staff attorney Allison Riggs. "The court has rebuked attempts to undermine voter participation."
The 4th Circuit of Appeals' decision did not reverse the provisions on reducing early voting days, halt of pre-registration of 16- and 17-year-olds and voter ID, which will go in effect in 2016.
North Carolina Gov. Pat McCrory issued a short statement following the verdict. The governor said, "I am pleased that the major parts of this popular and common sense bill were left intact and apply to the upcoming election. I have instructed our attorneys to appeal to the Supreme Court so that the two provisions rejected today can apply in the future and protect the integrity of our elections."
North Carolina's minority population includes 22 percent of African Americans, while the national average is 13.2 percent. The Latino population is 8.9 percent, while the national average is 17.1 percent.
According to ThinkProgess, the Supreme Court could reserve the 4th Circuit Court of Appeal's reversal.
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