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Category: North Carolina (page 1 of 2)

Small Parties Put Up Big Fight for Ballot Access in North Carolina

By: Collin Crookenden

Though the history of minor-party candidates dates back to long before the advent of political primaries, the solidification of the two major political parties has prohibited third-party candidates from being true challengers in presidential races. In fact, since George Wallace’s semi-successful campaign in 1968, no third-party representative has won a single electoral college vote. Instead of vying for the presidency, like Theodore Roosevelt in 1912 or Wallace in 1968, recent minor-party candidates are running to “make a statement against the two-party system.” However, the 2016 presidential election cycle highlighted the lack of faith in the two major political parties and the strengthening desire from many for strong third party or independent presidential candidates. Both major-party candidates had unfavorable ratings higher than 50% through Election Day, which activated a large push for third-party candidates on all state ballots and questioned state laws on ballot access.

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North Carolina’s Battle for Voter Identification

By: Collin Crookenden

With the recent invalidation of the coverage formula set forth in Section 4 of the Voting Rights Act, several previously covered districts implemented stricter voting requirements. In 2013, immediately following the invalidation, North Carolina enacted Session Law 2013-381 which contained multiple provisions that were contested as soon as Governor McCrory (R) signed it into effect: photo identification requirements, shortened early voting periods, and elimination of pre-registration for individuals under the age of 18. The new requirements were set to go into effect January 2016 and were in fact utilized in the primaries earlier this year, after the legislature altered the law in 2015. Of primary concern to the litigants and to the legislation’s opposition was the requirement of all voters to show photo identification. Most states have some form of identification requirements, but North Carolina’s 2013 version maintained some of the most stringent provisions. Governor McCrory argued that these, specifically the photo identification statute, were “common sense” pieces of legislation. However, while the district court agreed with his assessment, the 4th Circuit Court of Appeals ruled that the legislation was in violation of Section 2 of the Voting Rights Act, which prohibits discrimination of voting requirements based upon race.

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Federal Court Ruling Creates Chaos for North Carolina Primaries But There May Be a Solution

By: Blake Willis

Election litigation has experienced a new spike in recent years, with many states being involved with litigation over redistricting plans, Voter I.D. laws, and other ballot access issues. Since the inception of litigation under the Voting Rights Act of 1965 (VRA), there has been a consistent concern that federal courts should not be involved in determining the policies of voting, re-districting, and other related issues. Cases such as plurality opinion Davis v. Bandemer express such concerns, stating that partisan gerrymandering concerns are not justiciable, and that opening the door for federal courts to examine similar claims may set a dangerous precedent. In Veith v. Jubelirer, Justice Scalia echoed this sentiment, arguing that it is an increasingly difficult task for courts to determine what the predominant factor for drawing a district line may be. The expanding jurisprudence from both partisan and racial gerrymandering cases proves this argument may hold some validity, as evidenced by courts’ disagreement over the correct standard to apply, what the evidentiary standard should be, and who the burden of proof rests upon, as just a few examples. Although this litigation has been ongoing for decades, it is by no means near reaching an end.

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North Carolina’s 2013 Voting Laws Were Struck Down By the 4th Circuit, But The State May Not Be Out of the Legal Fights Yet

By: Blake Willis

When the Fourth Circuit struck down North Carolina HB 589, the notorious law which toughened voter-ID requirements, limited early voting, and limited same-day registration, many who champion voter rights believed that North Carolina’s long-standing history as a state with suppressive voter laws may begin to change. However, that optimism may be short lived as North Carolina is now facing challenges on two other election law provisions.

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Crafting Competitive Criteria: The Institution is Critical

By: Benjamin Williams

With the rapid increase in political polarization in recent years, momentum is building in several states to dramatically alter the redistricting process after the 2020 Census. True to the idea of the states being laboratories of democracy, there have been state constitutional amendments in Florida, partisan gerrymandering challenges in Wisconsin, Maryland, and North Carolina, redistricting criteria bills in Virginia, as well as a myriad of racial gerrymandering challenges. But the new idea—based on a blend of Iowa-style and Florida-style redistricting—is to create stringent criteria for legislatures to follow. That idea is simple enough: if the redistricting body (legislature, independent redistricting commission, college students, etc.) is forced to follow strict criteria when redistricting, the result will be “better” districts that aren’t ugly and are more competitive. But does the data actually bear this out?

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Linda Greenhouse Speaks at William & Mary School of Law

By: Caiti Anderson & Kelsey Dolin

William & Mary Law School had the pleasure of hosting Linda Greenhouse on September 22. Ms. Greenhouse is a Pulitzer Prize winning columnist for the New York Times who has covered the Supreme Court for thirty years.

She is also a Senior Research Scholar in Law, Knight Distinguished Journalist in Residence, and Joseph Goldstein Lecturer in Law at Yale Law School, where she teaches various courses on the Supreme Court. Her books include Becoming Justice Blackmun, Before Roe v. Wade: Voices that Shaped the Abortion Debate Before the Supreme Court’s Ruling, The U.S. Supreme Court: A Very Short Introduction and The Burger Court and the Rise of the Judicial Right (written with Michael J. Graetz).

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

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.

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The Front-Loading Problem: North Carolina Joins the Primary

By: Laura Wright

On September 24th, the North Carolina legislature passed House Bill 373 which, if signed by Governor Pat McRory, will move North Carolina’s presidential, state, and local primaries up from May to March 15th. Sponsored by Riddell (R), Whitmire (R), Brockman (D), and Iler (R), the bill passed with a 52-49 vote in the House and a 30-13 vote in the Senate.

With this move of the primary date come some other changes. The last day for candidates to submit their name to the primary ballot is December 16th. In order to get on the ballot, candidates must collect 10,000 signatures from qualified voters who are registered to the party of that candidate. These signatures must be verified at least 10 days before filing. For candidates wishing to get their name on the primary ballot, be they presidential, state-wide, or local, the clock is ticking.

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If You Build It, They Will Come: College-Age Voters in North Carolina

By: Julie Tulbert

As another election season wraps up, the eternal question remains: why don’t young people vote in midterm elections?   Continue reading

Signed, Sealed, and Delivered: Absentee Voting in North Carolina

By: Julie Tulbert

All eyes are on the Supreme Court as we wait to find out what they will do with North Carolina’s emergency appeal of the 4th Circuit’s decision to grant an injunction against two provisions of the state’s Voter Identification and Verification Act. This injunction applies to the elimination of same-day voting and the ability to count ballots from people voting out of their precinct. One issue that is absent from the discussion? Absentee postal voting.

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