Still Trying To Honor The Votes Of North Carolinians

Voters in North Carolina have voted twice to require a photo id during elections. Both times the courts have told the voters ‘no.’  On July 9 WRAL posted an article detailing the latest effort by the North Carolina legislature to honor the wishes of the voters.

The article reports:

Legislative Republicans called on the courts Thursday to lift an injunction and require voter to present photo identification at the polls this November, saying a bill they passed earlier this year should satisfy the last arguments against the rule.

“It is past time for activist courts to stop blocking another commonsense elections policy that is required by North Carolina’s constitution and a strong majority of other states,” House Speaker Tim Moore said in a statement.

There are two lawsuits seeking – so far, successfully – to block the state’s voter ID requirement: one state and one federal. Republican lawmakers filed a motion in the state case Thursday, asking judges to drop their injunction against the state’s voter ID law.

They argued that a provision included in House Bill 1169 earlier this year should satisfy the court.

That bill dealt with a number of election issues, most of them geared toward tweaking election procedures to account for the coronavirus pandemic. It passed with broad bipartisan support.

It also included language adding a new category of IDs to the ones poll workers would accept: public assistance IDs.

That Republican lawmakers hadn’t included those IDs in the bill they passed in late 2018 laying out voter ID rules was part of the court’s rationale in blocking implementation this year.

“With the enactment of H.B. 1169, the General Assembly has adopted nearly every ‘ameliorative’ amendment proposed … and it also has addressed the key shortcoming identified by the Court of Appeals,” Moore’s office said in its release.

This is the exact step some Democratic lawmakers said they feared when they backed off support for House Bill 1169 earlier this year: That the snippet of voter ID language would be used in court.

“That was the poison pill when they put that in,” Rep.

Marcia Morey , D-Durham, said Thursday.

Stay tuned. After a while, you begin to wonder why some people are fighting so hard against voter id.

This Would Be The Right Answer

North Carolina House Speaker Tim Moore posted the following on this website on Wednesday:

General Assembly lawmakers requested a hearing of the full state Court of Appeals on Tuesday to review North Carolina’s voter ID law, arguing “there is no category of voters that is even theoretically prohibited from voting.” 

A liberal, activist appeals court panel recently reversed a bipartisan trial court’s approval of the state’s voter ID law that allows individuals without ID to still cast a ballot. 

Attorneys for state lawmakers noted that the bipartisan three-judge trial court panel found the plaintiffs in Holmes v. Moore were unlikely to succeed on their challenge to North Carolina’s voter ID law, but “an error-ridden decision that took a one-sided look at the record” from an appeals court panel reversed their ruling last week. 

North Carolina’s voter ID law was passed pursuant to a constitutional amendment approved by voters, was then vetoed by Gov. Roy Cooper, but enacted by the state legislature in S.B. 824 Implementation of Voter ID Constitutional Amendment.

Arguing the case is of “exceptional importance” concerning “a constitutional mandate,” lawmakers’ request for a full hearing of the North Carolina Court of Appeals notes the state’s voter ID law “is exceptionally protective of voters and compares favorably with other laws that have been upheld in the face of similar challenges.” 

“The panel failed to adequately distinguish North Carolina’s voter ID law from Virginia’s and South Carolina’s laws – which were upheld despite the fact that both laws are stricter than North Carolina’s in many respects,” attorneys for state lawmakers wrote Tuesday.   

“Voters lacking ID may cast a reasonable impediment ballot that will be counted unless the declaration underlying the ballot is factually false.”

General Assembly leaders also noted in the filing that “less than 0.1% of participants in the March 2016 primary had to vote provisionally because they lacked ID under a prior law’s shorter ID list.”

“The General Assembly still exercised its discretionary authority to allow exceptions from the constitutional voter ID requirement to ensure that all registered voters will be able to vote…there thus is no category of voters that is even theoretically prohibited from voting by S.B. 824’s terms,” the motion for an en banc hearing of the state Court of Appeals said. 

North Carolina House Speaker Tim Moore (R-Cleveland), who filed the proposed voter ID constitutional amendment approved by voters, said the state Court of Appeals must grant the request for an en banc hearing given that “the people’s voice in the democratic process is at stake.”

“The people of North Carolina deserve a full, fair hearing of the state Court of Appeals on voter ID,” Speaker Moore said this week. 

“This liberal, activist appeals court panel was wrong to reverse a bipartisan trial court’s ruling and tread on the will of voters in this state.  The Court of Appeals must grant the request for a full hearing on voter ID given the people’s voice in the democratic process is at stake in this litigation.” 

North Carolina voters voted for voter id twice–once outright and once as an amendment to the North Carolina Constitution. It is really annoying to vote for something twice and have the courts ignore the will of the voters.