U.S. court strikes down North Carolina
voter ID law
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[July 30, 2016]
By Julia Harte and Andy Sullivan
WASHINGTON (Reuters) - A U.S. appeals court
on Friday struck down a North Carolina law that required voters to show
photo identification when casting ballots, ruling that it intentionally
discriminated against African-American residents.
The ruling, a victory for rights advocates that will enable thousands of
people to vote more easily, is also likely to be seen as a boost for
Democratic presidential nominee Hillary Clinton going into the election
on Nov. 8.
The state is politically important as it does not lean heavily toward
either Democrats or Republicans, and Clinton is heavily favored among
black Americans over Republican nominee Donald Trump.
The court's decision also canceled provisions of the law that scaled
back early voting, prevented residents from registering and voting on
the same day, and eliminated the ability of voters to vote outside their
assigned precinct.
Critics argue that such provisions are designed to drive down turnout by
minorities and poor people who rely more on flexible voting methods and
are less likely to possess state-issued photo IDs. Proponents of such
laws say they aim to eliminate voter fraud.
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In its ruling, a three-judge panel at the U.S. Appeals Court for the
Fourth Circuit said the state legislature targeted African-Americans
"with almost surgical precision."
"We cannot ignore the recent evidence that, because of race, the
legislature enacted one of the largest restrictions of the franchise in
modern North Carolina history," Judge Diana Motz wrote.
U.S. Attorney General Loretta Lynch said the court's ruling upheld
Americans' ability "to have a fair and free opportunity to help write
the story of this nation," in remarks she delivered on Friday in Baton
Rouge, Louisiana.
The Republican leaders of North Carolina's state legislature vowed to
appeal the ruling to the U.S. Supreme Court. In a joint statement they
argued the decision ignored legal precedent.
"We can only wonder if the intent is to reopen the door for voter fraud,
potentially allowing fellow Democrat politicians like Hillary Clinton
and (state Attorney General) Roy Cooper to steal the election," said the
statement from state lawmakers Phil Berger and Tim Moore.
North Carolina Governor Pat McCrory, a Republican who is up for
re-election in November, also said the state would appeal the ruling and
"review other potential options."
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A pile of government pamphlets explaining North Carolina's
controversial "Voter ID" law sit on table at a polling station in
Charlotte, March 2016. REUTERS/Chris Keane
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The chances of any appeal being heard before the election appeared
slim. The state's board of elections said the law's voting rules
would not be in effect in November, "absent alternative guidance
from the courts."
Voting rights advocates heralded the court's decision as a major
victory.
"This ruling is a stinging rebuke of the state's attempt to
undermine African-American voter participation, which had surged
over the last decade," Dale Ho, director of the Voting Rights
Project at the American Civil Liberties Union, said in a statement.
North Carolina’s legislature passed the voting law weeks after the
U.S. Supreme Court voted 5 to 4 in June 2013 to eliminate a
requirement that states with a history of discrimination, including
North Carolina, receive federal approval before changing election
laws.
A campaign spokesman for Cooper said on Friday that the attorney
general had "urged the Governor to veto this legislation before he
signed it because he knew it would be bad for North Carolina."
A Reuters review of the law indicated that as many as 29,000 voters
might not have been counted in this November's election if the bans
on same-day registration and out-of-precinct voting had remained in
effect.
(Additional reporting by Colleen Jenkins in Winston-Salem, N.C.;
Editing by Frances Kerry)
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