NC VOTER LAWSNorth Carolina Voter LawsContext:In 2013, the North Carolina General Assembly passed a set of election laws, which included stricter Voter-ID requirements and restrictions on same-day registration and early votingdates. The purpose of these laws was stated as “to prevent voter fraud.” Critics of these laws have argued that the results of these laws have been explicitly discriminatory against minority voters, and is one of the single worst cases of voter suppression since Jim Crow. Thesis: Election laws passed by the North Carolina General Assembly (NCGA) are unconstitutional because they disproportionately affect the ability of minorities to vote. These laws effectively disenfranchise a large portion of African-American voters, which violates the Voting Rights Act, and the Fourteenth and Fifteenth Amendments.I. Background: A decision held by the Supreme Court opened the door for the NCGA to enact controversial legislation due to reduced federal oversight of electoral laws. A. (“Fourth Circuit Strikes Down Provisions of Election Law Enacted with Racially Discriminatory Intent,” 2017). In 2013, a decision made by the Supreme Court in the case Shelby v. Holder held that jurisdictions were not required to be subjected to preclearance review for legislation involving election regulations. Therefore, Shelby v. Holderlimited the power of the federal government to oversee the constitutionality of electoral legislation. B.NC State Conference of NAACP v. McCrory. 831 F.3d 2014. (2016). Retrieved from FindLaw legal database.After the decision was issued inShelby v. Holder, the NCGA passed a set of statewide election reforms, which included strict voter-ID requirements and restrictions on early voting and same-day registration. These laws were passed with the stated purpose of preventing “voter fraud,” which refers to an illegal interference in the legal process, such as voter impersonation. C. (Hasen, 2014).The election laws passed by the NCGA were accused of being unconstitutional due to being discriminatory against minority voters. The regulations that were passed by the NCGA were found to disproportionately affect African-American voters in particular. Critics of these regulations claim that the laws violate the Voting Rights Act of 1965, the Equal Protections Clause of the Fourteenth Amendment, and the Fifteenth Amendment. Instead of preventing “voter fraud,” it is claimed that these purpose of these laws is to suppress African-American voter turnout. II. Supporting Argument #1: Members of the NCGA requested data that broke down the demographics of different voting methods prior to enacting new election regulations in 2013.
- Spring '08