State court to hear lawsuit challenging voter ID requirement
Published 6:57 pm Thursday, July 14, 2016
Will they or won’t they need proper IDs to vote in the upcoming general election? It may take until the fall before North Carolina voters know the answer to that question.
A challenge to North Carolina’s voter ID law will be heard in state court Sept. 26, possibly resulting in a decision before early voting for the Nov. 8 general election begins.
Early voting begins Oct. 27.
This lawsuit is different from lawsuits in federal courts challenging the state’s voter ID requirements and other changes to voter-related laws. Those changes were brought about by the North Carolina General Assembly in 2013, but the voter ID requirement did not take effect until this year.
The lawsuit focuses on whether the voter ID requirement violates the state’s constitution.
Last month, a panel of the 4th U.S. Court of Appeals heard arguments in June regarding whether a lower court’s decision upholding the changes should remain in effect.
A ruling in that case could some soon, but Superior Court Judge Michael Morgan, a candidate for a seat on the North Carolina Supreme Court, said he cannot be concerned what other courts may decide. On Monday, Morgan decided the challenge in the state court would be heard beginning Sept. 26.
“Nothing surprises me this year. There’s so many court cases right now that are even confusing to me,” said Kellie Harris Hopkins, Beaufort County’s elections director. “There are federal cases. There are state cases. We had lower courts make decision, then higher courts are hearing appeals. My suggestion to all voters is be prepared, regardless of what the courts say.”
Before Morgan set the hearing date, Phil Strach, a Raleigh lawyer representing the legislators and the husband of the state elections director, argued that it would be better to wait until after November. Morgan will be deciding whether the 2013 election law change is an extension of the voter-registration process, which is the argument legislators are making.
Plaintiffs in the lawsuit going before Morgan contend the election law changes intentionally discriminate against blacks and American Indians at lopsided rates.