North Carolina appeals court blocks use of university's digital ID for voting

[September 28, 2024]  By GARY D. ROBERTSON

RALEIGH, N.C, (AP) — A North Carolina appeals court on Friday blocked students and employees at the state’s flagship public university from providing a digital identification produced by the school when voting to comply with a new photo ID mandate.

The decision by a three-judge panel of the intermediate-level Court of Appeals reverses at least temporarily last month's decision by the State Board of Elections that the mobile ID generated by the University of North Carolina at Chapel Hill met security and photo requirements in the law and could be used.

The Republican National Committee and state Republican Party sued to overturn the decision by the Democratic-majority board earlier this month, saying the law only allows physical ID cards to be approved. Superior Court Judge Keith Gregory last week denied a temporary restraining order to halt its use. The Republicans appealed.

Friday’s order didn’t include the names of three judges who considered the Republicans' requests and who unanimously ordered the elections board not to accept the mobile UNC One Card for casting a ballot this fall. The court releases the judges' names later. Eleven of the court's 15 judges are registered Republicans.

The order also didn't give the legal reasoning to grant the GOP's requests, although it mentioned a board memo that otherwise prohibits other images of physical IDs — like those copied or photographed — from qualifying.

In court briefs, lawyers for the RNC and the North Carolina GOP said refusing to block the IDs use temporarily would upend the status quo for the November election — in which otherwise only physical cards are accepted — and could result in ineligible voters casting ballots through manipulating the electronic card.

North Carolina GOP spokesperson Matt Mercer said Friday's decision “will ensure election integrity and adherence to state law.”

The Democratic National Committee and a UNC student group who joined the case said the board the board rightly determined that the digital ID met the requirements set in state law. The DNC attorneys wrote that preventing its use could confuse or even disenfranchise up to 40,000 people who work or attend the school so close to the election.

North Carolina is considered a presidential battleground state where statewide races are often close affairs.

Friday's ruling could be appealed to the state Supreme Court. A spokesperson for the state board, which was sued by the Republicans, didn’t immediately respond to a request for comment.

Voters can still show photo IDs from several broad categories, including their driver’s license, passport and military IDs The board also has approved over 130 types of traditional student and employee IDs.

The mobile UNC One Card marked the first such ID posted from someone’s smartphone that the board has OK’d. Only the mobile ID credentials on Apple phones qualified.

The mobile UNC One Card is now the default ID card issued on campus, although students and permanent employees can still obtain a physical card instead for a small fee. The school said recently it would create physical cards at no charge for those who received a digital ID but want the physical card for voting.

Charles Lutvak, a spokesperson for Democratic presidential nominee Kamala Harris’ campaign, said the campaign would help students obtain those free physical IDs.

Republicans supporting GOP nominee Donald Trump “are trying to stop eligible voters from making their voices heard in this election, but we will not let them succeed," Lutvak said late Friday.

The Republican-dominated North Carolina legislature enacted a voter ID law in late 2018, but legal challenges prevented the mandate's implementation until municipal elections in 2023. Infrequent voters will meet the qualifications for the first time this fall. Voters who lack an ID can fill out an exception form.

Early in-person voting begins Oct. 17, and absentee ballots are now being distributed to those requesting them. Absentee voters also must provide a copy of an ID or fill out the exception form.

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