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HB 1169, North Carolina’s COVID-19 Election Remedy: A Sufficient Compromise or Too Far and Not Enough?

Election Law Society · September 23, 2020 ·

By: Forrest Via

It’s no news to anyone that the COVID-19 pandemic has significantly changed how Americans go about their daily lives, affecting many activities that we once took for granted as safe. Voting has not been spared from this list. With the November 2020 election quickly approaching, states across the country have adopted measures aimed at ensuring the safety of those casting ballots and supervising the polls on November 3.

North Carolina is one such state. This summer, the North Carolina General Assembly passed HB 1169 (now Session Law (NCSL) 2020-17 after Governor Roy Cooper’s signature in June), a bipartisan piece of legislation that, among its many provisions, lowers the state’s absentee ballot witness requirement to one person; allows individuals to request absentee ballots via email or fax; and provides funding for election officials to carry out their duties in the face of challenges presented by the pandemic.

[Read more…] about HB 1169, North Carolina’s COVID-19 Election Remedy: A Sufficient Compromise or Too Far and Not Enough?

Opinion: The Problem with Voter ID in North Dakota

Election Law Society · April 3, 2020 ·

At a basic level, voter ID laws seem perfectly rational. Election security is important and requiring voters to present identification looks like a good way to prevent fraud. Yet in the United States, voter ID laws have been sharply criticized because in practice, they tend to disenfranchise voters and have the potential to reduce participation by discouraging voters from heading to the polls. Many Americans may lack the required ID and face barriers to obtaining one.

[Read more…] about Opinion: The Problem with Voter ID in North Dakota

The ID That Gets You Discounted Movie Tickets Now Permits You To Vote

Election Law Society · February 3, 2020 ·

By: Gabrielle Vance

In November of 2018, 55% of North Carolinians voted “yes” to a constitutional requirement that voters must present a photo ID to vote in person. The Governor promptly vetoed it. Then in December, the North Carolina House of Representatives voted in favor to override the Governor ‘s veto.

The resulting law, Senate Bill 824, amends North Carolina’s state constitution to require voters to present valid photo identification. The bill offers voters several examples of acceptable forms of photo ID, such as a driver’s license, a military ID card, and select student IDs. The strict qualifying requirements for student IDs effectively prevent students at some North Carolina colleges and universities from voting in-state, as explained below. If that student then fails to vote by absentee ballot in their home state, young voter turnout could be diminished.

[Read more…] about The ID That Gets You Discounted Movie Tickets Now Permits You To Vote

Dakota Drama: Could Controversial North Dakota Voter ID Law Migrate South?

Election Law Society · November 13, 2019 ·

By: Daniel Long

This past summer, the Eighth Circuit held that a controversial North Dakota law requiring very specific forms of voter identification could go into effect, vacating a district court’s injunction. The law in question, N.D. Cent. Code § 16.1-01-04.1, requires prospective voters to present identification that includes a North Dakota residential street address. If the prospective voter’s identification does not have a current residential street address, the voter may present other supplemental forms as well, such as a utility bill, provided that these forms contain a current residential address. North Dakota’s voter ID law received fierce backlash from Native Americans, whose IDs typically contain P.O. boxes rather than residential street addresses. The Eighth Circuit’s ruling begs the question, could North Dakota’s voter ID law migrate south to South Dakota? [Read more…] about Dakota Drama: Could Controversial North Dakota Voter ID Law Migrate South?

Can State Laws Fill the Gap Left by Shelby County v. Holder?

Election Law Society · October 30, 2019 ·

By: Trevor Bernardo

Following the Supreme Court’s landmark decision to invalidate the coverage formula of the Voting Rights Act in Shelby County v. Holder, many wondered what impact the decision would have on minority voting access. The Brennan Center has found that formerly covered jurisdictions, like Texas and North Carolina, have passed restrictive voting laws (think voter ID) and purged voters from voter rolls at higher rates than non-covered jurisdictions. [Read more…] about Can State Laws Fill the Gap Left by Shelby County v. Holder?

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