William & Mary Law School | Election Law Society
By: Hannah Littlefield
As discussed in Part I of this two-part blog series, Senate Bill 68 (“SB 68”) is one of the more interesting election issues emerging from North Carolina. SB 68 merged the North Carolina Board of Elections and the State Ethics Commission, forming the State Board of Elections and Ethics Enforcement. The boards merged in June 2017; however, Governor Roy Cooper has yet to appoint members to the new board.
By: Hannah Littlefield
Senate Bill 68 (“SB 68”) is arguably the most interesting election law issue in North Carolina. SB 68 merged the North Carolina Board of Elections and the State Ethics Commission, forming the State Board of Elections and Ethics Enforcement. The boards merged in June 2017; however, Governor Roy Cooper has yet to appoint members to the new board.
What is SB 68? SB 68 is a revision of Senate Bill 4—a bill created by the Republican-led General Assembly—that was struck down by a three-judge panel. The three-judge panel originally ruled that the merger was unconstitutional. Republican lawmakers revised Senate Bill 4, now SB 68, and passed the new bill on April 25, 2017. What is so interesting about SB 68? Three things: (1) SB 68 was created without a severability clause; (2) Governor Cooper filed a lawsuit against the legislative leaders arguing that SB 68 violates the Separation of Powers clause, interferes with the Governor’s ability to “faithfully execute the laws,” and violates the “non-delegation doctrine;” and (3) the press has not really caught on to the importance of the issues surrounding SB 68.
By: Collin Crookenden
Though the history of minor-party candidates dates back to long before the advent of political primaries, the solidification of the two major political parties has prohibited third-party candidates from being true challengers in presidential races. In fact, since George Wallace’s semi-successful campaign in 1968, no third-party representative has won a single electoral college vote. Instead of vying for the presidency, like Theodore Roosevelt in 1912 or Wallace in 1968, recent minor-party candidates are running to “make a statement against the two-party system.” However, the 2016 presidential election cycle highlighted the lack of faith in the two major political parties and the strengthening desire from many for strong third party or independent presidential candidates. Both major-party candidates had unfavorable ratings higher than 50% through Election Day, which activated a large push for third-party candidates on all state ballots and questioned state laws on ballot access.
[Read more…] about Small Parties Put Up Big Fight for Ballot Access in North Carolina
By: Collin Crookenden
With the recent invalidation of the coverage formula set forth in Section 4 of the Voting Rights Act, several previously covered districts implemented stricter voting requirements. In 2013, immediately following the invalidation, North Carolina enacted Session Law 2013-381 which contained multiple provisions that were contested as soon as Governor McCrory (R) signed it into effect: photo identification requirements, shortened early voting periods, and elimination of pre-registration for individuals under the age of 18. The new requirements were set to go into effect January 2016 and were in fact utilized in the primaries earlier this year, after the legislature altered the law in 2015. Of primary concern to the litigants and to the legislation’s opposition was the requirement of all voters to show photo identification. Most states have some form of identification requirements, but North Carolina’s 2013 version maintained some of the most stringent provisions. Governor McCrory argued that these, specifically the photo identification statute, were “common sense” pieces of legislation. However, while the district court agreed with his assessment, the 4th Circuit Court of Appeals ruled that the legislation was in violation of Section 2 of the Voting Rights Act, which prohibits discrimination of voting requirements based upon race.
[Read more…] about North Carolina’s Battle for Voter Identification
By: Blake Willis
Election litigation has experienced a new spike in recent years, with many states being involved with litigation over redistricting plans, Voter I.D. laws, and other ballot access issues. Since the inception of litigation under the Voting Rights Act of 1965 (VRA), there has been a consistent concern that federal courts should not be involved in determining the policies of voting, re-districting, and other related issues. Cases such as plurality opinion Davis v. Bandemer express such concerns, stating that partisan gerrymandering concerns are not justiciable, and that opening the door for federal courts to examine similar claims may set a dangerous precedent. In Veith v. Jubelirer, Justice Scalia echoed this sentiment, arguing that it is an increasingly difficult task for courts to determine what the predominant factor for drawing a district line may be. The expanding jurisprudence from both partisan and racial gerrymandering cases proves this argument may hold some validity, as evidenced by courts’ disagreement over the correct standard to apply, what the evidentiary standard should be, and who the burden of proof rests upon, as just a few examples. Although this litigation has been ongoing for decades, it is by no means near reaching an end.