Lawsuit challenges legislation as barrier to young voters

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A lawsuit filed by pro-democracy and civil rights groups challenges SB 747,  which plaintiffs allege suppresses the ballots of young voters because confirmation of same-day registration depends on the U.S. Postal Service delivering a registration card for verfication.

A lawsuit filed by civil rights and pro-democracy groups is challenging legislation that suppresses voting by young adults in North Carolina.

The suit, filed Tuesday in federal court by Southern Coalition for Social Justice on behalf of Democracy North Carolina, North Carolina Black Alliance, and League of Women Voters of North Carolina, alleges Senate Bill 747 impedes the right to same-day registration – which is disproportionately used by young people – can be tossed out if their mail-in confirmation card fails to reach them.

“Whether your vote gets counted should not be a random game of chance,” Jeff Loperfido, chief counsel for Voting Rights at Southern Coalition for Social Justice said in a statement. “But that’s precisely what this new same-day registration scheme does, by taking control out of the hands of the voter and leaving the fate of their ballot to the whims of election officials and the U.S. Postal Service.”

SB 747, which became law Oct. 10 when the General Assembly’s Republican supermajority overrode Democratic Gov. Roy Cooper’s veto, requires county boards of election to verify the voter’s identification through driver’s license or Social Security number within two business days of registration.

If the application meets all qualifications, the board mails a registration card to verify the address. If the card is returned as undeliverable, a second will be mailed. If it is returned – regardless of reason – the registration and ballot will be thrown out without notice or appeal.

Plaintiffs cite previously documented difficulties young voters, including college students who split time between home and campus, face with reliable and timely mail delivery.

“Unfortunately, we have witnessed a consistent effort from our state’s leadership to create countless barriers for our voters, more specifically naming one of our most vulnerable populations, young adult voters,” said Jovita Lee, program director for North Carolina Black Alliance. “We have a duty to ensure that our young voters, especially those who attend our Historically Black Colleges and Universities that have been historically impacted by legislation such as this, can equitably access the ballot box and fully participate in our democratic process, per their given right.”

According to the plaintiffs’ filing: “None of the generic state interests offered to support SB 747... justifies the extreme and specifically targeted burdens and barriers that SB 747 intentionally imposes on these voters. “Lifting these restrictions is crucial to safeguarding the rights of young and student voters across North Carolina and ensuring a functioning and inclusive democracy for all.”

The law is another in a series of move by Republican lawmakers to limit or suppress voting among the young, poor and people of color – groups that tend to vote for Democrats. The plaintiffs insist that removing restrictions like SB 747, voter ID requirements and fewer early voting sites allows more people to cast ballots. 

“There is indeed a long and troubling history in North Carolina of lawmakers making blatant attempts to restrict voting access for young voters,” said Cheryl Carter, co-executive director of Democracy NC. “Yet those leading such efforts forget what has always followed — a series of champions challenging such suppression across the political spectrum. Make no mistake: the right to vote should not be a partisan issue. …These are our state and nation’s newest voters. If certain lawmakers won’t protect their constitutional right to free and easy access to the ballot box, we will.” 

Other lawsuits challenging SB 747 were filed after the veto override, so there’s a likelihood some cases will be consolidated.

“Same-day registration is critical to ensure access to the ballot, especially for North Carolina’s younger voters,” said Jennifer Rubin, president of the League of Women Voters of North Carolina. “SB 747 is a direct assault on the voters who use same-day registration the most, and the League is committed to dismantling any such barriers to the ballot.”
 

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