Tuesday, July 2, 2013

North Carolina Moves to Restrict Voting in Wake of Shelby County

North Carolina Republicans wasted little time in introducing legislation to tighten voting rules after the Supreme Court last week struck the coverage formula for preclearance in the Voting Rights Act.  North Carolina was partially covered by the preclearance provision in Section 5 of the VRA, before the Court struck the coverage formula in Section 4 last week in Shelby County v. Holder.  The LA Times first reported this weekend that state Republicans intended to tighten voting rules under their new-found, unfettered authority to act without federal preclearance.  Legislation was introduced Tuesday.

SB 721, "Election Omnibus," introduces a voter ID requirement, tightens felon disenfranchisement rules, and limits early voting days.

(State Democrats introduced a competing measure, S 708, the Ella Baker Voter Empowerment Act, that would open up voting in the state.)

North Carolina was a partially covered jurisdiction under Section 4 (before Shelby County struck Section 4): 40 out of 100 of its counties were covered.  That meant that those counties had to gain federal preclearance under Section 5 of the VRA before making any changes to their election laws--and to show that their proposed changes wouldn't produce a racially retrogressive effect.

But now that Section 4 is off the books, those counties don't need to gain federal preclearance.  And the state can much more easily change its election laws--and enact bills like SB 721.

(Recall that Texas made a similar move last week.)

Still, North Carolina election laws are subject to Section 2 litigation under the VRA.

SDS

http://lawprofessors.typepad.com/conlaw/2013/07/north-carolina-moves-to-restrict-voting-in-wake-of-shelby-county.html

Cases and Case Materials, Congressional Authority, Elections and Voting, Federalism, Fifteenth Amendment, News | Permalink

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