US District Judge Thomas Schroederissued an opinion to block a new North Carolina provision designed to restrict same-day voter registration, deeming it unconstitutional. The opinion from Judge Schroeder found that the recently introduced provision was potentially infringing on voter’s14th Amendment due process rights.
The provision in question was part ofSenate Bill (SB) 747, an amalgamation of election provisions enacted on October 10, 2023. The North Carolina state legislature passed the law, overriding aveto from Governor Roy Cooper. Besides the now-blocked provision, SB 747 introduced a set of voting restrictions including a ban on private funds for elections administration and a reduction in the time period for mail-in ballots to be returned.
The provision restructured the process for same-day voter registration. Upon registering, voters would receive a verification card via mail to confirm their address. In the case of this card being returned as undeliverable, the provision mandated that election officials neither register the voter nor count their ballot. This measure would apply even when the undeliverability of the card was not the voter’s fault and the voter received no notification of their ballot being invalidated.
According to Schroeder, this provision was likely to “[impose] a substantial burden on same-day registrants who cast a ballot”, as they would face a significant risk of disenfranchisement due to governmental errors in address verification, without any prior notice or opportunity to rectify the situation. Following the opinion, House Speaker Tom Moore and House Election Law and Campaign Finance Reform Chairman Representative Grey Millsreleased a statement asserting their commitment to having the entirety of SB 747 effectively enforced before this year’s elections.
It is worth noting that this was not the first instance of North Carolina’s election practices being challenged in court. In 2021, a state appellate court hadpermanently enjoined a strict voter identification law, on grounds of discrimination against Black voters.
For a more detailed report on this development, please visit JURIST – News.