by Charlotte Smith
North Carolina is in the news again for perceived unethical behaviors during election dealings. Saturday, October 3, federal judge, Judge James Dever, placed a temporary restraining order on the North Carolina Board of Elections settlement after hearing attorneys for N.C. House Speaker, Tim Moore, and Senate President Pro-Tem, Phil Berger, referencing violations of the U.S. Constitution’s Elections Clause and inconsistency with state law.
Judge Dever’s ruling came after Wake County Superior Court Judge, Bryan Collins, ruling on Friday, October 2. Judge Collins ruled the settlement was fair.
Berger wrote in a press release, “A bipartisan supermajority agreed on the law governing this election months ago. The secretive effort by Attorney General Josh Stein and the N.C. State Board of Elections to rewrite that law while voting is underway was wrong, inappropriate, and created chaos.”
The NC Board of Elections settlement under scrutiny extended the number of days mailed-in ballots would be accepted, changed part of the absentee ballot witness protocols, and would allow separate absentee ballot drop stations.
According to the settlement, absentee ballots could be counted up to November 12, 2020 as long as the ballot was postmarked by 5 p.m. on Election Day, November 3, 2020. The settlement would allow affidavits to be issued for absentee votes without witness signatures.
Republicans David Black and Ken Raymond serving on the State Board of Elections, resigned in protest to the settlement writing in letters of misunderstandings and misinformation about the agreement.
According to the Bladen County Board of Elections, over 1,700 absentee ballots were distributed, which includes the 400 ballots that have been returned.
Chris Williams, director with the local board of elections, sent an email this morning stating, “My understanding is that any deficient envelope will not be given to the board. The board will receive only ballots to be approved.”
Judge Dever’s restraining order is in place until October 16, 2020. U.S. District Court Judge William Osteen will preside over the case in the Middle District of North Carolina.
This case is not the first constitutional case Judge Collins rulings have been overturned. Other issues regarding the N.C. Constitution Judge Collins ruled on not receiving a lot of attention is the North Carolina Voter ID Law and the cap on state income taxes.
The legislature passed the two amendments in the 2017-18 lawmaking session, and voters passed the amendments in the November 2018 election. The Court of Appeals, with a three-judge panel, ruled on September 15, 2020, to reinstate the two laws the voters passed in 2018. The two N.C. constitutional amendments mandated photo I.D. to vote and set a 7% cap on state income taxes.
According to reports, the tax amendment lowered the maximum state income tax from 10 %, down to 7%.
In February 2019, Judge Collins issued an order to cancel the two amendments, although N.C. legislators and voters passed both laws by majority votes.
Judge Chris Dillon stated, “If there was a loss of popular sovereignty by our General Assembly, then all the laws passed by that body would be subject to attack, thus creating chaos and confusion.”
Although the Court of Appeals ruling overturned the ruling, two ongoing lawsuits continue to prohibit the laws from being enforced.
However, the ruling doesn’t mean that people will have to show a photo I.D. when they vote this year. There are two other ongoing lawsuits in state and federal court due to judges ruling the voter I.D. law appears unconstitutional due to discrimination.
In one ruling, judges concluded, “The failure to include public-assistance I.D.s was motivated in part by the fact that these types of I.D.s were disproportionately possessed by African American voters.”
Until the lawsuits are heard, and rulings by judges are made to uphold the constitutional amendments, no voter id will be required in North Carolina elections.
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