Voter Identification

North Carolina’s Stringent Voter I.D. Law Gets a Make-Over

Election Law Society · March 23, 2016 ·

By Laura Wright

Amidst ongoing litigation, North Carolina recently passed a new law that changes its controversial voter I.D. laws. The 2013 voter laws were swept in with other changes to elections and, were considered to be the most stringent in the nation at the time. By North Carolina Board of Election’s estimation, over 300,000 voters, 34% of them African American, lacked the necessary photo I.D. The restrictive voter I.D. law sparked public outrage, leading thousands to protest outside the state capitol building in Raleigh in what have become to be known as ‘Moral Mondays.’ On August 2013, the very same day that North Carolina Governor Pat McCrory signed the bill into law, the American Civil Liberties Union, the ACLU of North Carolina Legal Foundation, and the Southern Coalition for Social Justice filed a lawsuit challenging its constitutionality. That case is still ongoing.

Wisconsin: One Wisconsin Institute v. Nichol

Election Law Society · January 27, 2016 ·

By: Lisa Zhang

One Wisconsin institute, Citizen Action of Wisconsin Education Fund, and six Wisconsin residents filed a complaint against a series of provisions that Wisconsin has made since 2011 to its voting and election laws.

Interestingly, Wisconsin’s election laws just withstood a challenge that had lasted for four years. On March 23, 2015, the Supreme Court denied the petition for certiorari of Frank v. Walker. In Frank, plaintiffs challenged 2011 Wisconsin Act 23, which specifies limited acceptable forms of photo IDs, under the Equal Protection Clause of the Fourteenth Amendment, and the district court found it in violation of both the 14^th Amendment and Section 2 of the Voting Rights Act (VRA). The 7^th Circuit reversed the judgement on the ground that Wisconsin’s Voter ID law does not differ in ways that matter under the analysis in Crawford v. Marion.

Two Letters, The National Voter Registration Act, and Voter-ID in Nebraska

Election Law Society · December 2, 2015 ·

By: Eric Sutton

On September 22, the Omaha World Herald published a story about two letters sent to seven Nebraska counties threatening lawsuits for voter registration irregularities. In particular, the letters alleged that the Nebraska counties of Wheeler, Loup, Kimball, Thurston, Hooker, Keya Paha, and Thomas have more registered voters than individuals of voting age. While the groups behind the letters argue that the threat of suit is designed to prevent voter fraud through effective maintenance of voter registration records, an examination of the Nebraska Legislature’s most recent session, and the past of the two organizations responsible for the letters, indicates that these letters may provide the foundation for a renewed push for voter-ID in Nebraska.

Oregon’s New Hyper Motor Voter Law

Election Law Society · November 20, 2015 ·

By: Matthew Hubbard

Voter identification laws of various forms, which are currently enforced in 32 states, continue to garner significant national media attention and spark contentious debate. Proponents argue that the laws prevent voter fraud and preserve the legitimacy of the electoral process while opponents claim that in-person voter fraud is a phantom problem and that these claims are merely pretext for partisan vote suppression. As the public attention and debate surrounding these voting restrictions increases, however, one state has managed to quietly pass legislation that moves as far as possible in the opposite direction.

David Baugh Lecture: “Lynching, Literacy Tests, & ID Cards, The Suppression of Minority Voters”

Election Law Society · November 6, 2015 ·

By: Caiti Anderson

As an editor of this blog, I keep a constant eye out for election law events to report. Fortunately (for both the blog and myself), I am exposed to brilliant thinkers and passionate advocates. On October 27^th, I attended David Baugh’s excellent lecture, “Lynching, Literacy Tests & ID Cards: The Suppression of Minority Voters,” hosted by the Wolf Law Library. Mr. Baugh is a Richmond-based criminal trial lawyer dedicated to protecting and defending the Constitutional rights of all. Some of his career highlights include representing members of al-Qaeda and the Ku Klux Klan in high profile civil rights cases. The American Bar Association, Virginia State Bar, and Old Dominion Bar Association have all recognized Mr. Baugh for his fearless advocacy. He lives by the maxim he related during the lecture; “Protect the rights of people whom you don’t agree with, because when you do, you defend the rights of America.”