North Carolina plaintiffs appeal voter suppression law

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Pro-democracy groups plan to appeal a federal judge's ruling that allows North Carolina to restrict same-day voter registration.

Three voting rights organizations plan to appeal a federal court decision upholding restrictions to same-day registration in North Carolina.

Plaintiffs Democracy North Carolina, North Carolina Black Alliance, and the League of Women Voters of North Carolina announced they will appeal the March affirmation of Senate Bill 747, which they contend suppresses younger voters by placing undue burdens on them and risks disqualifying their ballots based on administrative processes outside their control.   

U.S. District Court Judge Thomas Schroeder found the law constitutional, stating SB 747 does not violate the First, 14th or 26th amendments to the federal constitution and that any burden on voters is minimal. 

The plaintiffs counter that Schroeder didn’t apply proper legal analysis to consider hurdles college-age students and first-time voters face, including limited student voter ID availability and reductions of early voting sites on college campuses.  

“This ruling is a blow to North Carolina voters and a step backward for our democracy,” Jennifer Rubin, president of the League of Women Voters of North Carolina said in March upon the court’s ruling. "By upholding these restrictive changes to same day registration, this decision will disenfranchise countless eligible voters through a flawed, discriminatory process.” 

SB 747, which became law in 2023 when the General Assembly’s Republican supermajority overrode then-Gov. Roy Cooper’s veto, requires county boards of election to verify voters’ identification through a driver’s license or Social Security number within two business days of registration. If the application meets qualification standards, the board mails a registration card to verify the address. 

If the card is returned as undeliverable, a second will be mailed. If the confirmation is again returned – regardless of reason – the registration and ballot will be disqualified without notice or appeal.

Plaintiffs contend the law will remove ballots cast via same-day registration, increase the likelihood of disqualification due to late mail delivery. As a result, SB 747 creates obstacles for young and older voters along with people of color and low-income voters who are more likely to depend on the U.S. Postal Service. 

"This decades-long battle over college students' voting power is far from over," said Marcus Bass, Executive Director for the North Carolina Black Alliance. “[The] ruling deepens our resolve to ensure that the fundamental right to vote is not dissolved through legislative or judicial partisanship. The judge's decision to side with the hyper-partisan legislature was expected, which means we must work earlier and harder to ensure that no one is denied the right to vote because of a technicality in varying mail procedures on college campuses that may prevent a student from verifying their residence."

The law was among a series of Republican-sponsored legislation to limit or suppress voting among groups that tend to vote for Democrats. The plaintiffs insist that removing restrictions like SB 747, voter ID requirements and early voting site limits allows more people to cast ballots. 

“This decision will have devastating consequences for our electoral system for decades to come,” said Adrianne Spoto, counsel for voting rights at Southern Coalition for Social Justice, which represents the plaintiffs. "When young voters casting their first ballots see them rejected for technical snafus, it creates lasting barriers to participation and jeopardizes their lifelong civic engagement."

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