“NC Court of Appeals throws out voter photo ID for now, says law likely passed with discriminatory intent”

NC Policy Watch: A three-judge North Carolina Court of Appeals panel has ruled unanimously that the state’s voter photo ID law will not stand pending a trial on the merits of the underlying lawsuit. The 45-page ruling, written by Judge Toby Hampson with Judges John Arrowood and Allegra Collins concurring, states that the plaintiffs demonstrated they would likely succeed on their claims that the law, Senate Bill 824, is discriminatory and will ca…

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“How can the United States fix its democracy? Look to the north.”

…In this Washington Post piece on how the Canadian system of elections is structured so differently from ours, I particularly enjoyed this line: Contrary to the impulse of the uber-democrat who believes that democracy means chaining each element of the state to an elected office, the Canadian system recognizes that the further politicians are from the process of determining electoral boundaries, the more fair and legitimate elections will be….

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“Secretary of State Agrees to Settle Voter ID Lawsuits by Entering Into Consent Decree with North Dakota Tribes”

…n Rights Fund (NARF), Tom Dickson and Rich de Bodo filed suit to block the North Dakota voter ID law, which disenfranchised Native American voters and violated both state and federal constitutions as well as the Voting Rights Act. On October 30, 2018, NARF, Campaign Legal Center (CLC), Robins Kaplan LLP, and Cohen Milstein Sellers and Toll PLLC filed a separate lawsuit on behalf of the Spirit Lake Tribe and six individual plaintiffs to ensure that…

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Imperfect ERIC Data Leading to Potential Purge of Wisconsin Voters

…e data,” Albrecht said. He supports the position of the state election commission and wants to wait two years before anyone gets deleted, ensuring no one loses the chance to vote in 2020…. We visited four wards in the heart of Milwaukee’s north side, from Capitol to Hampton, and roughly 35th Street to 48th. It’s an area home to 513 voters conservatives want immediately deleted from the rolls. Over the course of two days we tried to con…

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“Election Meltdown, Part 3 Delving into the big bag of dirty tricks ahead of the 2020 election.”

…ities in the 2017 U.S. Senate race in Alabama, to the ballot tampering the North Carolina’s 2018 congressional race in the Ninth district, to the potential for deepfakes to disrupt 2020. Plus an Iowa meltdown recap. Episode Notes In the third part of this special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to unpack the bag of dirty tricks that may be deployed in 2020’s election and to examine t…

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“GOP-affiliated group intervenes in Democratic primary for US Senate seat in North Carolina”

…ad buy for state Sen. Erica Smith, a Democratic candidate for US Senate in North Carolina, appears to be backed by Republicans. Faith and Power, a new political action committee with ties to Republicans, formally launched on January 29 and spent more than $1.9 million to influence the Democratic primary, according to filings with the Federal Election Commission and the Kantar Media’s Campaign Media Analysis Group. The television and radio ad…

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“The Alarming Prospect of the Supreme Court Deciding the 2020 Election; If the country’s nine justices wind up deciding the presidential race, things could get very ugly very quickly”

…rts at voter suppression to go through. A recent example involved a law in North Dakota requiring voters to produce identification with a residence address on it, which uniquely burdened Native Americans living on reservations. In 2018, the Court refused to block this law, despite a total lack of evidence that the state had a good reason to impose it. That same year, the Court gave a green light to Ohio’s tough voter-purge…

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Crum: The Fifteenth Amendment and DNC v. Hobbs

…in North Carolina State Conference of NAACP v. McCrory, which struck down North Carolina’s post-Shelby County voter suppression law on intentional-discrimination grounds. As I’ve explained before, McCrory reflects a resurgence of intent-based claims being litigated in the wake of Shelby County. Unfortunately, we are still confronting vote-denial cases 150 years after the Fifteenth Amendment’s ratification, but these cases have underscored the Fif…

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Crum: The Voting Rights Act of 1869

…Reconstructed South. Blacks, however, remained disenfranchised in several Northern and Border States. Given our current understanding of the Fourteenth Amendment—which had just been ratified—Congress would have been well within its constitutional authority to mandate black suffrage in the States. One possible explanation is that the Fifteenth Amendment was an entrenchment device. But this narrative only explains why there is an amendment; it does…

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“Recording Shows That the Swamp Has Not Been Drained”

…r. Trump as a possible site for his summit with Kim Jong-un, the leader of North Korea. There was the Canadian steel magnate who pushed the president to further limit steel imports to the United States, and whose companies donated $1.75 million to the super PAC. Other attendees discussed government policies that could benefit their businesses, including building a highway for self-driving trucks and regulations that would help make trucks powered…

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“Exclusive: Seattle-Area Voters To Vote By Smartphone In 1st For U.S. Elections”

…inue to agree. “There is a firm consensus in the cybersecurity community that mobile voting on a smartphone is a really stupid idea,” said Duncan Buell, a computer science professor at the University of South Carolina who specializes in election technology. “I don’t know that I have run across cybersecurity experts whose mortgages are not paid by a mobile-voting company who think it’s a good idea.”…

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Criticisms of New Ballot Marking Devices (BMDs) Hits New Los Angeles County Voting System

…ces) have been of machines produced by for-profit companies in Georgia and North Carolina. But Los Angeles County, the country’s largest electoral jurisdiction, is about to roll out the use of BMD machines in the upcoming elections, machines which the county designed rather than buying through a vendor. (Disclosure: for a brief period when Justin Levitt was serving at DOJ, I took his place on an advisory committee about the new ballot machin…

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“Foreign Threats More Numerous, Sophisticated as 2020 Election Looms, Official Says”

…WSJ reports: Shelby Pierson, the principal adviser on election threats in the Office of the Director of National Intelligence, said Tuesday that actors intent on spreading malign influence have become more numerous and potent since Russia’s breaches in the 2016 election. She included Iran, China and North Korea, as well as Russia and hackers unaffiliated with governments, on the threat list….

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“North Carolina Republicans make last-minute plea to keep voter ID photo requirement”

AP: North Carolina Republican lawmakers made a last-minute plea on Friday to a federal judge as they seek to save a photo identification requirement to vote that had been set to begin with the March primary. The GOP legislative leaders already have been turned away by U.S. District Judge Loretta Biggs from entering the lawsuit that the NAACP filed against other state officials to challenge the December 2018 law. They’re again seeking to interven…

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DSCC and DCCC Spending on Voting Litigation

…atic Senatorial Campaign Committee and Democratic Congressional Campaign Committee have made an eight-figure investment in a legal strategy across key battleground states, including Arizona, Florida, Georgia, North Carolina, South Carolina, and Texas that will take on Republicans’ decades-long voter suppression crusade and increase access to the ballot for young people, communities of color, and rural voters.”…

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“Feds: No Evidence Hackers Disrupted North Carolina Voting”

With lots of election security concerns in the air, a problem in 2016 with electronic pollbooks in Durham County generated a fair amount of attention.  At the time, it didn’t look like a malicious incursion, but that didn’t stop speculation, particularly in the aftermath of the Mueller Report.  And it was a good idea to do a real investigation, just to check. Yesterday, DHS released a heavily redacted report on the results of the inves…

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“Federal judge to block NC voter ID law temporarily as the lawsuit continues”

…ng in federal court that’s expected in the coming days. A federal judge in North Carolina said Thursday she would block the law, at least temporarily, as the voter ID lawsuit against the state continues. She said she will make her official ruling next week, but wanted to give advance notice of her decision. The judge, Loretta Biggs, wrote that state elections officials had been planning “a very large statewide mailing” next week to tell voters abo…

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“As Georgia rolls out new voting machines for 2020, worries about election security persist”

…f Technology, said he was worried as he visited polling places in a county north of Atlanta. DeMillo said bystanders could easily see the screens from 30 feet away, presenting serious privacy concerns. In some counties, elections officials reported that programming problems led to delays in checking in voters, and in some precincts, the machines unexpectedly shut down and rebooted.Georgia is preparing to roll out 30,000 of the machines in every po…

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North Carolina: “‘Get off Facebook.’ Local election officials warned over partisan posts”

News and Observer: Members of the State Board of Elections admonished county election board members to “get off Facebook” and “delete your Twitter account,” as they reviewed the latest complaints of improper social media posts by local election officials. The state board ultimately voted 4-1 last week to reject a pair of complaints filed by local Republican Party leader Jane Pait against two members of the Bladen County Board of Elections, who s…

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“How New Voting Machines Could Hack Our Democracy”

…e most populous county and others), Tennessee (for at least ten counties), North Carolina (for the most populous county), West Virginia (for the most populous county and at least one other), Texas (for at least Dallas and Travis counties), Kentucky (for the most populous county), Arkansas (at least four counties), Indiana (for the most populous county and at least eight others), Kansas (for the first and second most populous counties), California…

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Moving My 2018 Opeds Off the Sidebar

…ate , Dec. 10, 2018 Republicans Are Using Potential GOP Election Crimes in North Carolina to Push for More Voter Suppression Measures ,  Slate , Dec. 7, 2018 Stacey Abrams’ New Lawsuit Against Georgia’s Broken Voting System Is Incredibly Smart ,  Slate , Nov. 27, 2018 Why Democrats Should Not Call the Georgia Governor’s Race ‘Stolen’ ,  Slate , Nov. 18, 2018 What’s Happening in Florida Is a Nightmare. 2020 Could Be So Much Worse ,&n…

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“A black woman faces prison because of a Jim Crow-era plan to ‘protect white voters’”

…Americans. Bratcher was on probation after being convicted of assault and North Carolina law mandates that people convicted of felonies can only vote once they complete their criminal sentences, including probation and parole, entirely. Documents obtained by the Guardian show that a prosecutor brought charges against Bratcher even though state officials said she may have illegally voted unintentionally. The decision also came after a report in wh…

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“Jim Crow As Kafka: Voter Suppression on the Ground”

…works on the ground. It investigates the precise mechanics of Voter ID in North Carolina, one of the states at the heart of the controversy, and scrutinizes precisely how a low-income voter of color without ID could obtain one. It finds not only that prospective low-income votes will face a series of debilitating costs in gaining the required ID, but that the mechanism of voter suppression turns on the creation of chaos and the transformation of…

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“National Democratic groups litigate 2020 in the courts”

…ampshire Voting Rights LWVNH v. Gardner North Carolina Early Vote Location North Carolina Democratic Party v. North Carolina South Carolina SSN Voter Registration South Carolina Dem Party v. Andino Texas Mobile Polling Locations Texas Democratic Party v. Hughs Wisconsin Student ID Andrew Goodman Foundation v. Bostelmann Arizona Ballot Order Mecinas v. Hobbs Florida Ballot Order Jacobson v. Detzner Georgia Ballot Order S.P.S. ex rel Short v. Raffen…

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Something Stinks with North Carolina Voting Machine Process

…c Press: A voting system certified and tested earlier this year for use in North Carolina’s March 2020 primaries won’t be available, according to manufacturer Elections Systems and Software, so the company’s lobbyists have suggested the state quickly approve one of its other systems instead. While the N.C. Board of Elections director has recommended going along with the vendor on the substitution, others see the move as a deceptive bait and switch…

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“Civil rights activists seek block on state’s voter ID law. Judge in Winston-Salem says she will decide quickly.”

…acted, black and Latino voters would be disenfranchised. Attorneys for the North Carolina NAACP and several local chapters, including Winston-Salem, were in a Winston-Salem courtroom Tuesday asking U.S. District Judge Loretta C. Biggs to grant a preliminary injunction that would block the law from going into effect for the March 3, 2020, primary elections. They argued that black and Latino voters disproportionately lack the photo IDs required unde…

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Democrats Won’t Appeal in North Carolina Partisan Gerrymandering Case

…ts said that would have led to lower voter turnout and extra costs for local governments, and the judges later said avoiding such a delay was their primary concern. See my earlier coverage, North Carolina State Court Will Not Redraw Congressional Districts for 2020: Did the Judges Bluff Their Way into Getting a Lessened Partisan Gerrymander?…

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Top Recent Downloads in Election Law on SSRN

…Cause Andrew Chin, Gregory Herschlag and Jonathan Mattingly University of North Carolina School of Law, Duke University and Duke UniversityDate Posted: 08 Nov 2019Last Revised: 08 Nov 2019 47 6. Dirty Thinking about Law & Democracy in Rucho v. Common Cause Guy-Uriel E. Charles and Luis E. Fuentes-Rohwer Duke University School of Law and Indiana University Maurer School of LawDate Posted: 14 Oct 2019Last Revised: 14 Nov 2019 42 7. Foreign Corr…

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“McCrory allies wrongly accused voters of fraud, but does the law protect them?”

…is against some of his 2016 supporters. They falsely accused several dozen North Carolinians of voting illegally, although only a handful of those voters are suing. The lawsuit targets the Washington, D.C., law firm Holtzman Vogel Josefiak Torchinsky and its lawyers who worked on McCrory’s post-election push. Also being sued are McCrory’s legal defense fund — which records show has just $2,000 left in the bank — that allowed him to raise and spend…

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“The Signature of Gerrymandering in Rucho v. Common Cause”

…spate of extreme partisan redistricting that followed the 2010 census. As North Carolina scholars who have been involved in the landmark Rucho v. Common Cause litigation, we have written this Article with the threefold aim of explaining how the expert analysis of North Carolina’s congressional map was performed, how it was used to substantiate the plaintiffs’ claims at trial and on remand, and crucially, how it may serve to address th…

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“North Carolina lawmakers OK new 2020 congressional maps. Now it’s up to the courts.”

News and Observer: The Republican-led North Carolina Senate approved a new congressional district map Friday to be used in 2020 that is likely to shrink the GOP’s edge in the state’s congressional delegation.But Democrats plan to challenge the map in court again.The map passed the N.C. House on Thursday, part of a swift process completed with the Dec. 2 opening of the filing period for congressional candidates in mind. Lawmakers drew the new map…

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“Democrats could pick up seats in Congress under proposed North Carolina map”

News & Observer: The new map that started advancing on Thursday would likely have an 8-5 Republican advantage. U.S. Rep. GK Butterfield, a Wilson Democrat, said Democrats have little chance of winning a sixth seat.“To have a fair map we need a 6-7 map or a 7-6 map or a 6-6-1 map. Those would be fair maps,” said Butterfield, who had copies of the map printed out and showed them to other members of the congressional delegation at the U.S. Capi…

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“Skeptics Urge Bevin To Show Proof Of Fraud Claims, Warning Of Corrosive Effects”

…on election administration issues that they say suppressed turnout. And in North Carolina, an election for a House seat did end up being nullified because of an absentee ballot scheme. Even after winning the 2016 election, President Trump alleged that “millions and millions of people” voted illegally in the 2016 election, which he said was why he lost the national popular vote to Hillary Clinton. Trump has never presented any evidence…

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“Could Matt Bevin Steal the Kentucky Governor’s Election?”

…ve already seen Republican state legislatures in places like Wisconsin and North Carolina go so far as to strip powers from incoming Democratic governors. We’ve reached the point where it is conceivable that the Kentucky Legislature could go even further and make the election loser the winner. Stivers himself expressed support for Bevin, noting that the Libertarian gubernatorial candidate got 2 percent of the vote, more than the difference between…

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“NC’s congressional district redraw starts Tuesday”

…open to the public.A three-judge panel last week ordered the state not to proceed with the 2020 elections under the current congressional map, saying it may soon be declared an illegal partisan gerrymander under the North Carolina constitution. The judges didn’t order the General Assembly to redraw the map yet, but lawmakers expect that’s coming and are taking preemptive steps, as the court said they could….

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“Court Lifts Confidentiality on Hofeller Files in Several Key States”

…Hofeller, the Republican operative responsible for many of the most controversial GOP gerrymanders of the last decade. The order lifts a confidentiality designation on documents pertaining to Arizona, Maryland, Mississippi, Missouri, North Carolina, Tennessee, Virginia, and Nassau County, Nueces County and Galveston in Texas. The court gave Hofeller’s former company, Geographic Strategies, more time to substantiate a claim on other files that it h…

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“Plaintiffs in Common Cause v. Lewis file appeal asking NC Supreme Court to review eight NC House districts that remain partisan gerrymanders”

…s, finding that the Republican-controlled NC General Assembly violated the North Carolina Constitution when it gerrymandered the state’s legislative districts for partisan gain. The court ordered the legislature to redraw 56 NC House districts and 21 NC Senate districts following strict nonpartisan criteria and in full public view. This week, the three-judge Wake County Superior Court panel accepted the legislature’s newly drawn districts. Today,…

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NC Republicans Could Have Drawn an 11th or 12th Republican Congressional District, Producing an All-White Congressional Delegation

…ve an advantage to the Republican Party was at the root of a decision by a North Carolina state court that invalidated the state’s congressional map ahead of 2020. But even Lewis’s bold acknowledgement understated the GOP’s redistricting capabilities, new documents obtained by The Intercept suggest. In fact, GOP strategists did prove that it was possible to draw a map with 11 or 12 Republican congressional seats — in one case, a partisan gerrymand…

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