Justice Department Poised to File Lawsuit Over Voter ID Law

[mucifer]

WASHINGTON — The Justice Department is expected to sue North Carolina on Monday over its restrictive new voting law, further escalating the Obama administration’s efforts to restore a stronger federal role in protecting minority voters after the Supreme Court struck down part of the Voting Rights Act, according to a person familiar with the department’s plans.

The lawsuit, which had been anticipated, will ask a federal court to block North Carolina from enforcing four disputed provisions of its voting law, including a strict photo identification requirement. The lawsuit will also seek to reimpose a requirement that North Carolina obtain “preclearance” from the federal government before making changes to its election rules.

The court challenge will join similar efforts by the Justice Department’s Civil Rights Division in Texas over that state’s redistricting plan and voter photo ID law. Those lawsuits are seeking to return Texas to federal “preclearance” oversight.

http://www.nytimes.com/2013/09/30/us/politics/justice-department-poised-to-file-lawsuit-over-voter-id-law-in-north-carolina.html?hp&_r=0

I hope this works.

[Gothmog]

1. This is Great News. BTW, there are some interesting differences between Texas and NC laws

I know a great deal about the Texas voter id law and remember that some posters from North Carolina were upset that the DOJ filed against Texas first. After reading the petition, I can see why Texas was first. You can read the petition here http://big.assets.huffingtonpost.com/dojnclawsuit.pdf I have read the section dealing with voter ID and found that the North Carolina law as described in the DOJ petition is actually more liberal than the Texas voter id law (SB 14) in a number of key aspects. For example, the North Carolina law allows Veteran’s cards and indian tribe identifications to be used:

………(5) a Veteran’s identification card issued by the United States Department of Veterans Affairs; (6) a tribal enrollment card issued by a federally- or State-recognized tribe;

The Texas voter ID law does not allow for these forms of identification but does provided that conceal carry permits are acceptable.

Next, the North Carolina law exempts persons over 70 from having identifications that is current on the voter’s 70th birthday:

Voters who are 70 years of age and older are exempted from the requirement that the photo identification be unexpired; however, the photo identification they present must have been unexpired on the voter’s 70th birthday.

In Texas, the free id, i.e., the Election Identification Certificate, issued to a voter who is 70 years or older does not expire while EICs issued to other voters do expire.

Third, voters with disabilities are treated differently. In North Carolina is a voter qualifies for curbside assistance, then that voter can present forms of identification that are acceptable under the Help America Vote Act which includes ultility bills and other correspondence:

(3) registered voters who qualify to cast a ballot curbside because of age or physical disability. The voters in at least the last category must show one of the forms of identification approved by the HAVA for first-time voters who register by mail

In, Texas only voters who are more than 50% disabled according to the Social Security Administration or the Veteran’s Administration and who submit paper documenting such disability to the county voter registrar can meet the disability exemption.

Finally, under the North Carolina law, the counties are required to provide free birth certificates to any voter who requests a birth certificate in order to get the free identification from the state:

Further, although HB 589 requires a North Carolina register of deeds to issue without charge a certified copy of a birth certificate or marriage license to any registered voter who declares that he or she needs the document to obtain a photo identification in order to vote, it does not address any fees that will be imposed on voters who will have to obtain the requisite underlying documentation from out-of-state agencies.

In Texas there is no provision for free birth certificates.

The North Carolina law is actually a more liberal law compared to the Texas law and the DOJ still sued. To me, this means that Texas may have a harder time justifying SB14 given that the Texas voter id law is far stricter than the North Carolina law in many respects. The fact that the DOJ has a court ruling that the Texas act adversely affects the voting rights of minorities combined with the fact that the Texas voter id law is a much stricter law explains why the DOJ filed suit in Texas first.