September 22, 2020

By Patrick Rodenbush
rodenbush@redistrictingfoundation.org

National Redistricting Foundation, Right to Vote Foundation Win Agreement to Remove Burdensome Vote-by-Mail Restrictions in North Carolina 

Changes Include Extending the Deadline to Receive Ballots, Allowing Voters to Cure Missing Witness Information, and Making it Easier to Drop a Ballot Off In Person

Washington, D.C. — Today, North Carolina plaintiffs supported by the National Redistricting Foundation (NRF) and the Right to Vote Foundation entered into a stipulation and consent judgment with the North Carolina State Board of Elections to remedy three significant vote-by-mail restrictions ahead of the November general election. The three changes include extending the ballot receipt deadline to nine days after Election Day, for ballots postmarked by Election Day; allowing voters to cure any missing witness information on the container envelope by submitting a cure affidavit in person, by email, or by mail; and allowing voters to submit absentee ballots at designated absentee ballot drop-off stations at all one-stop early voting locations and county board offices without waiting in line with other one-stop voters, thus alleviating long lines. This case, North Carolina Alliance for Retired Americans v. North Carolina State Board of Elections, was filed with the support of the National Redistricting Foundation and the Right to Vote Foundation. 

“This is a major victory for voters in North Carolina who will now face fewer barriers to safely and securely cast a ballot this fall,” said Eric H. Holder, Jr., the 82nd Attorney General of the United States. “With people already casting ballots in North Carolina, we’ve seen that the existing rules, especially the witness requirements, are unfairly burdening voters, particularly African Americans, who want to vote at home this year. This agreement will ensure that everyone in North Carolina has ample opportunity to meet the state’s requirements to have their vote counted.”

“With this victory, North Carolina voters now have more options to vote safely and securely during the COVID-19 pandemic,” said J.B. Poersch of the Right to Vote Foundation. “This agreement improves voting access for North Carolinians, especially African-American voters who overwhelmingly vote by mail, by removing unnecessary roadblocks and prioritizing the health and safety of all voters during this election.”

“This agreement is a victory for all eligible older voters in North Carolina. As a direct result of this suit, every North Carolina voter can cast a vote by mail and know that it will be counted,” said Richard Fiesta, Executive Director of the Alliance for Retired Americans. “As a result of our suit, Postal Service delays will not prevent a ballot from being counted. Now there is also a simple process to return a mail ballot to a county election office.”

This is the second victory to expand vote-by-mail protections in lawsuits filed with the support of the National Redistricting Foundation. Earlier this year, a group of Minnesota voters supported by the NRF in LaRose v. Simon achieved a court-ordered consent decree that provides that the state’s witness requirement will not be enforced for any mail ballots submitted by registered Minnesota voters and implements a postmark deadline allowing all mail ballots received by close of business two days after the election to be counted as long as they are postmarked by Election Day.

The National Redistricting Foundation is the 501(c)(3) affiliate of the National Democratic Redistricting Committee, and was formed in 2017 to engage in work that protects voting rights and challenges gerrymandered congressional and state legislative districts. The National Redistricting Foundation has funded and executed lawsuits that include, but are not limited to, overturning gerrymandered congressional and state legislative maps in North Carolina, successfully challenging the Trump Administration’s attempt to add a citizenship question to the census, and protecting Wisconsin voters from former Governor Scott Walker’s refusal to call special elections and attacks on early voting.  

The Right to Vote Foundation is a 501(c)(3) organization established to defend the right to vote under federal and state law and remove obstacles to voting for all U.S. citizens. The Foundation makes grants to support litigation to ensure that no voter is deprived of his or her right to vote as guaranteed by the U.S. Constitution, the Voting Rights Act, and the laws of the states.

You can find copies of the filed documents here.

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