Voter ID Opponents Seek Expedited N.C. Supreme Court Review

Photo ID. Source: Unsplash

By Carolina Journal Staff

Opponents of North Carolina’s photo voter identification law urge the N.C. Supreme Court to consider their lawsuit as early as September. They filed a motion Monday for an expedited hearing.

“Timely resolution of this matter is necessary to allow the State and its voters to prepare for future elections without the risk of voter confusion and disenfranchisement,” according to the motion from attorney Jeffrey Loperfido of the Southern Coalition for Social Justice. The coalition represents plaintiffs challenging the state’s 2018 voter ID law. The case is called Holmes v. Moore.

“It has now been more than three years since S.B. 824 [the voter ID law] was enacted,” the motion added. “And the legislature’s inability thus far to craft a voter ID law that does not intentionally discriminate against African American voters has resulted in nearly 10 years of confusing, on-again-off-again messaging to voters and election officials alike. … North Carolina’s voters and election officials deserve the certainty that only this Court’s review can provide.”

“[I]n light of the recent release of the Supreme Court’s Calendar of Arguments for August, Plaintiffs-Appellees request that the Court schedule this matter for oral argument at the earliest possible date, either in a special session scheduled for September or, in the alternative, as part of the October oral argument calendar,” Loperfido wrote.

The motion acknowledges that legislative leaders oppose an expedited review. State government lawyers representing the N.C. State Board of Elections “take no position” on the motion, according to Loperfido.

With a 2-1 vote, a trial court panel threw out North Carolina’s voter ID law in September 2021. Unless that ruling is overturned, North Carolina cannot move forward with a photo ID requirement.

Voter ID defenders appealed the trial court’s ruling to the N.C. Court of Appeals, but ID critics then asked the state Supreme Court to intervene.

Legislative leaders accused ID opponents of “forum shopping” based on the contrasting partisan compositions of the two appellate courts. Republicans outnumber Democrats, 10-5, on the Appeals Court. Democrats outnumber Republicans, 4-3, on the state Supreme Court. Two Supreme Court seats now held by Democrats are up for grabs in the November election.

The state’s highest court agreed on March 2 to take the voter ID case. No date has been announced for oral arguments.

Holmes v. Moore represents one of three active legal challenges involving voter ID. The state Supreme Court already has heard oral arguments in N.C. NAACP v. Berger. That case challenges a voter-approved amendment enshrining photo ID into the N.C. Constitution. Opponents argue that an illegally gerrymandered General Assembly had no authority to place the ID amendment on the ballot. That case provided the content for season one of the “Extreme Injustice” podcast, available at ExtremeInjustice.com.

North Carolinians approved voter ID with 55% of the ballots cast in a statewide November 2018 constitutional referendum. The General Assembly approved its law implementing the voter ID amendment the following month.

North Carolina’s voter ID law also faces a challenge in federal court. In an 8-1 ruling issued in June, the U.S. Supreme Court ruled that state legislative leaders had the right to intervene in the federal case to defend voter ID. Originally scheduled for trial in January, that federal case has not yet been rescheduled.

46 COMMENTS

  1. From: https://elections.nhcgov.com/voting-registration/register-vote/

    To register to vote and vote in a North Carolina county, a person must meet the following qualifications:

    Must be a U.S. citizen.

    Must be a resident of the county, and prior to voting in an election, must have resided at his or her residential address for at least 30 days prior to the date of the election.

    Must be at least 18 years old or will be 18 by the date of the next general election (Persons at least 16 years of age may pre-register).

    Not be serving a sentence for a felony conviction, including probation, parole, or post-release supervision
    Note: By order of the court, you may now register and vote if you are serving an extended term of probation, post-release supervision, or parole, you have outstanding fines, fees, or restitution, and you do not know of another reason that your probation, post-release supervision, or parole was extended.
    Once you have completed a felony sentence, including any probation, parole, or post-release supervision, or received a pardon, you are eligible to register and vote. No additional documentation is needed.
    If you have been discharged from probation, you are eligible to register and vote, even if you still owe money or have a civil lien.

    Must rescind any previous registration in another county or state.

    Must provide their North Carolina driver’s license number or the last four digits of their Social Security number

    First-time voters who at the time of their initial voter registration did not provide their North Carolina driver’s license number or the last four digits of their Social Security number, or who provided a number that could not be validated, will be required to show identification when they vote.

  2. (Legislative leaders accused ID opponents of “forum shopping”) Hummm “forum shopping” a tactic right from the republican play book. I guess republicans believe forum shopping is exclusive to them. Hypocrites

  3. You need an ID to buy alcohol or cigarettes but the EVIL democrats want no ID to vote. Why? Because they MUST CHEAT TO WIN, and they know it.

    • In order to register to vote you must produce your North Carolina driver’s license number or the last four digits of their Social Security number.

      First-time voters who at the time of their initial voter registration did not provide their North Carolina driver’s license number or the last four digits of their Social Security number, or who provided a number that could not be validated, will be required to show identification when they vote.

      • So if you have to provide it to register why can’t they ask for it at the polls to make sure you are who you say you are? Who is watching out at the polls to make sure the person who registered without providing it actually shows it?

        • In addition to providing my address that I used to register to vote, I must also state my full name. Is this procedure different from your experience when you go to vote in a polling place?

          • No but do you know how easy it is to look up voters to see when they last voted with their address? Too easy!!

          • Thank you for illustrating the deception being used to oppose improving the integrity of a key component of our republic. Voter I’d is the will of the citizens of North Carolina….a weak and pathetic attempt to suggest it is unfair to special groups is….idiotic.

  4. Why not just make it easier by expanding what is an acceptable form of ID? I’m not sure what the parameters are in NC, but in VA you can use a couple different picture IDs aside from a driver’s license. I think in VA you can also use driver’s license, state non-driver ID, military ID, student ID from an accredited university, work ID, as well as a passport. If you have NONE of those you’re not gonna get far in the US

    • As per the potential law, even if you dont have an ID you can give the last four of your SSN. That’s even more lenient than VA’s laws.

      • Q: What happens when you show up to vote in NC and those last four digits you gave of your SSN when you registered to vote could not be validated?

        A: You must produce a valid ID.

        • Is it marked in some way in the poll books so the poll workers know to ask for ID? What if that person doesn’t have ID on them?

        • Sounds fair to me. If you need an ID to buy a gun (a constitutional right), there shouldn’t be any issue with having one to vote either.

          If Voter ID is racist, then it’s racist to require one to buy a gun, but I hear literally zero people saying that needing an ID to buy a gun is racist. So you good with denying blacks the right to defend themselves, but want them to vote…because that’s where the logical conclusion arrives us?

  5. So ironic and hypocritical that the party that claims to be for “democracy” so much is the same party hindering and stonewalling what we the people democratically voted into law.

    • According to the Autocratic Dictators Lies, you can’t trust legitimate elections. So by extension that must apply to the voter ID vote. I didn’t make up this crap the Idiot did

      • And by that same assertion none of the people who wrote the bill should be in office so where does that leave us? It leaves us working within the system we have until it can change and be legitimized so as not to disenfranchise the many who believe it is illegitimate. Therefore the voter ID should stand as it was voted by the people. If that was a faulty vote then everyone in the GA, COS and governors seat are illegal.

  6. Unfortunately, voter ID doesn’t address the actual voter irregularities (such as GOP operative Leslie McCrae Dowless’s ballot harvesting operation in NC-9 district). It is amazing that those who claim to want to protect the integrity of voters won’t actually do anything that makes a difference. #hypocrites

    • TTT that is the truth, Republicans constantly get caught with their hand in the cookie jar. Then they say is never happened. LIE and DENY, it’s Republican hypocrisy

  7. How is asking for ID to vote raciest or discrimination ????? You have to show ID for any government assistance, to apply for a job, rent an apartment, buy alcohol, cigarettes, get some medicines, so what is the big deal. NC voters did vote FOR voter ID, BUT Cooper vetoed it or something or other. Honest people don’t mine showing ID…I’m going to be checking in November to make sure my dead husband doesn’t vote again.

    • “Honest people don’t mine [sic] showing ID…” Just like there’s no reason to object to the police searching your vehicle? Or no reason to object to the sheriff keeping a list of every firearm I own? It’s all government overreach.

    • Cinder: to register to vote you must provide your North Carolina driver’s license number or the last four digits of their Social Security number.

      First-time voters who at the time of their initial voter registration did not provide their North Carolina driver’s license number or the last four digits of their Social Security number, or who provided a number that could not be validated, will be required to show identification when they vote.

  8. Very easy to cheat vote. Last midterm I went to 2 polling places. I gave an address and last four of ssn. Deceased relitives. Then I went and cast my vote at my polling place. A couple of weeks before that I turned in 2 absent ballots for elderly relatives. No id required. That’s 5 times I could have voted. I only filled out my vote form. I left the other 4 blank. Very easy to cheat vote.

    • Made easier by Democrats….everything needed to strengthen the voter system is called racist but you don’t see any democrats complaining of the current voter system..because it’s a system used to their advantage

      • The only voter fraud I’m aware of that occurred in NC was in District 9 by Republicans.

        McCrae Dowless worked in 2017 and 2018 for 9th Congressional District candidate Mark Harris, a Republican. Witnesses told state officials Dowless gathered hundreds of absentee ballots from Bladen County voters with the help of his assistants. Those workers testified they were directed to collect blank or incomplete ballots, forge signatures on them and even fill in votes for local candidates.

        Harris appeared to get the most votes in the November 2018 race, but the State Board of Elections ordered a new election, which was won by a subsequent GOP nominee, Dan Bishop.

    • Lol try again. That’s a lie lol. And you got these people believing it lol See how easy you can convince people that a lie is the truth This idiot smfh

  9. For Jen R:

    An NC voter’s status is not updated until an election is over. Therefore, someone who wants to use someone else’s identity to vote cannot tell if that individual has voted yet in the ongoing election or not.

    Plus voter fraud is a felony. [See: Mark Harris and McRae Dowless and what happened in the 9th District.] Why would someone want to jeopardize their life in an attempt to cast one more vote for their candidate?

  10. If government can send 8 Covid tests to each residence then they can provide a “voter ID card” to every American voter, how are the minorities and disenfranchised communities negatively impacted? Totally free id, delivered to their door….🤷‍♂️

    • When I registered to vote in Johnston County I was given a voter registration card. The Board of Elections uses that information to send me updates on changes to my polling place for example. I always take it with me when I go to a polling place in case any questions arise about my voter status. So far I’ve never had to show it to anyone.

      Sounds like you did not receive such a card?

  11. Never mind the fact that Voter ID was put on the ballot to be voted on by the people of NC and it passed. The polls had barely closed when the race-baiters began their cries of “racism” and “disenfranchisement.”

  12. Here’s an idea that I’m sure everyone can agree with, how about everybody just scan their fingerprints when they vote. Everybody already has them, so no disenfranchisement. Everybody’s are different, so no voting twice. Seems perfect…….as long as you have nothing to hide, this should be a perfect solution.

    • You would trust the government with your fingerprints? Why in the world you give the government more control?!?!? You should move to socialist Europe if you want to give the government your fingerprints. Why not give them your DNA, too? Here in America, we value our individuality and freedoms. The LAST thing is conservatives want, is to expand the government!!!

      • Absolutely don’t mind a bit. I haven’t committed any crimes and do not plan to commit any crimes, so I am not fearful of them having my fingerprints. Just like I am not fearful of the police searching my car, there is nothing illegal in my car. As far as DNA goes, again I have nothing to hide so that doesn’t scare me either. Y’all must be straight up thugs out here scared of getting caught up in some crap or something. Maybe we do need a statewide database of fingerprints so more crimes could be solved. That would be a very good thing, right?

          • @TTT They were exonerated with fingerprint or DNA evidence, correct?? I rest my case! You just proved my point. Thank you very much!

      • TTT I agree with your comments many times but I can’t this time. Every one has a fingerprint that could be easily used for voting. Most people use a finger print to unlock their phone, and don’t question where that information is stored. If you were every in the military, applied for a job requiring finger prints and many other situations the government already has your fingerprints. And yes they probably have yours. A conspiracy theorist about fingerprints is no different that a conspiracy theorist about non-existent voter fraud.

  13. TTT do you unlock you phone with a fingerprint? Have you ever been somewhere that after you were there a crime was committed? These are voluntary acts, but they have your prints. They may not know who you are but they have them. Yes voting is a constitutional right but it’s a voluntary action you are not required to do it. You really don’t have any idea the amount of information the government has on you, your fingerprints are the least of your concerns. I’m not even going to mention Google, your cell phone company, credit card companies, health insurance, your car etc. and you’re concerned about fingerprints????

    • John, Google, credit card companies, etc are all PRIVATE entities. You’re trying to confuse the issue (government intrusion) by mentioning them. This tells me that you actually have no idea. The issue being discussed is whether or not to give the government more and more of your personal data in order to use your constitutional rights… if you’re OK with that, I’m sure you’d enjoy living in a Socialist Liberal snowflake fairy tale. However, tue conservatives have had enough of government overreach and intrusion into our private lives.

  14. @Thats What I said:

    Did you read the report? 69% we’re exonerated when witnesses recanted/ false testimony, 18% due to falsified police evidence. Fingerprints and DNA account for less than 2% of the exonerations. But you’re more than welcome to add yourself to another government list.

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