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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

United States v. North Carolina

Case Information

Date Filed: September 30, 2013
State: North Carolina
Issues: Early Voting, Voting Rights Act, Voter ID
Courts that Heard this Case: Middle District of North Carolina (Case 13-CV-00861); United States Court of Appeals for the Fourth Circuit (Case 14-1856)

Issue:

Issue 1: Does House Bill 589 deny or abridge the right to vote on account of race, color, or membership in a language minority in violation of Section 2 of the Voting Rights Act 42 U.S.C. §1793?

Issue 2: Was House Bill 589 enacted and enforced with the purpose of denying or abridging the right to vote on account of race, color, or membership in a language minority in violation of Section 2 of the Voting Rights Act 42 U.S.C. §1793, the Fourteenth Amendment, and Fifteenth Amendment?

Status:

For latest updates, see  League of Women Voters of North Carolina v. Howard.

Related cases: League of Women Voters of North Carolina v. Howard and North Carolina NAACP v. McCrory.

 

District Court Documents

 

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

White House drops Obama-era discrimination claim against Texas voter ID law

Professor Edward Foley was quoted in The Christian Science Monitor in an article about how the Trump administration dropped a discrimination claim against a Texas voter ID law. Viewed as one of the strictest voting requirements in the country by voting rights advocates, the law required voters to show one of seven valid forms of ID.

A federal appeals court ruled last year that the law disproportionately impacted minorities and those living in poverty. The court required the state to adjust its requirements before the general election. According to court testimony, Hispanic voters were twice as likely to lack proper ID under the law, while black voters were three times as likely.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”
 

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Info & Analysis

District Judge Dismisses Georgia Voter Rolls Case

In an order released late Friday, U.S. District Judge Timothy Batten dismissed a lawsuit filed against Georgia\'s Secretary of State by the advocacy organization Common Cause, which alleged that Georgia unlawfully removed voters from registration lists preceding the 2016 Presidential election. The case is Common Cause v. Kemp.

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