Wednesday, October 10, 2018

High Court Declines to Intervene in ND Voter-ID Dispute, Allows Law to Go into Effect

The Supreme Court yesterday declined to intervene in a case challenging North Dakota's voter-ID law. The move allows the law to go into effect for the upcoming elections.

We previously posted on the case--on the Eighth Circuit's ruling--here.

The action (or lack of it) is significant, because of the nature of the law. As Pema Levy explains at Mother Jones, the ND law requires ND voters to show proof of a residential address in order to cast a ballot. But it says that PO boxes don't count. That matters, because Native American voters in ND often lack street address, and instead use PO boxes, because the U.S. Postal Service doesn't provide residential delivery in rural Native American communities.

The legislature enacted the law after the state elected Heidi Heitkamp to the Senate by a very slim margin, and with the strong backing of Native American voters. Heitkamp is the only statewide elected Democrat in the state.

Justice Ginsburg, joined by Justice Kagan, dissented. She wrote that not intervening in the case and vacating an Eighth Circuit stay risks voter confusion (because the law was halted by a lower court for the primaries), and that "the risk of disfranchisement is large."

https://lawprofessors.typepad.com/conlaw/2018/10/high-court-declines-to-intervene-in-nd-voter-id-dispute-allows-law-to-go-into-effect.html

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