In a significant ruling, a federal judge has blocked the state of North Carolina from implementing new, more restrictive verification procedures for voters who register and cast ballots on the same day. This decision came in response to a challenge by the North Carolina Democratic Party, reflecting ongoing national debates over voting rights and election integrity.
The now-blocked law, passed by the state’s Republican majority in the legislature and subsequently overriding Democratic Governor Roy Cooper’s veto, included several changes to North Carolina’s election processes. These changes eliminated a grace period for counting absentee ballots and revised the appointment process for state elections board members. This legislation followed in the wake of the 2020 presidential election, during which former President Donald Trump falsely claimed his loss was due to widespread voter fraud.
The specific provision in question required that a voter using same-day registration (SDR) would be sent a postcard to confirm their address. If this postcard was returned undeliverable, the new law allowed election officials to invalidate the ballot without notifying the voter. Previously, a second postcard would be sent in such instances, and only if both were returned undeliverable could the ballot be challenged. According to the state elections board, same-day registration is predominantly used by younger and minority voters, demographics that often lean Democratic. Between 100,000 and 120,000 residents typically utilize this option in presidential election years.
U.S. District Judge Thomas Schroeder, in his ruling, emphasized that the Republican legislators had “presented no evidence that address verification has ever filtered out a single ineligible same-day registrant.” He noted that the lack of notification and opportunity for voters to respond before their ballots were rejected was inconsistent with the state’s interest in counting all eligible votes. The judge also pointed out that the risk of irreparable injury, the balance of equities, and the public interest all supported requiring notice and an opportunity for voters to be heard.
Responding to the court’s decision, Republican House Speaker Tim Moore stated that the majority of the 2023 law remains in effect. He indicated that the ruling requires only minor adjustments to a small part of the bill. Moore assured that they are working with attorneys and the State Board of Elections to ensure the entire bill’s implementation before the upcoming primary and general elections, reaffirming their commitment to election integrity.
The legal challenge against this provision was part of broader efforts by left-of-center activist groups and the Democratic National Committee. They targeted not only the undeliverable mail provision but also other elements of the broader election reform legislation, SB 747. Under the pre-existing law, election officials would issue notice cards by mail to the address listed on a same-day voter registration form. If two notices returned undeliverable, the voter’s ballot would be retrieved and not counted. The new law sought to change this by removing a ballot after just one piece of undeliverable mail, a provision that has now been halted by Judge Schroeder’s ruling.
As the political landscape in North Carolina remains sharply divided, this ruling represents a crucial moment in the ongoing struggle over voting rights and election integrity. It highlights the complex balance between ensuring secure and legitimate elections and protecting every eligible citizen’s right to vote.