October 29, 2020

By Patrick Rodenbush
rodenbush@redistrictingfoundation.org

National Redistricting Foundation, Right to Vote Foundation Legal Victory Removes Burdensome Voting 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, the United States Supreme Court denied a final attempt by Republicans to overturn changes made to vote by mail procedures in North Carolina. The plaintiffs in the lawsuit have been supported by the National Redistricting Foundation (NRF) and the Right to Vote Foundation. In late September, they finalized a stipulation and consent judgment with the North Carolina State Board of Elections to remedy three significant vote-by-mail restrictions ahead of the 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 a greater ability to cure deficiencies on their absentee ballot;  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. Today’s win follows on the heels of related orders issued by the Supreme Court yesterday, in which the Court rejected two collateral attacks on the consent decree.

“This is a major victory for voters in North Carolina who will now face fewer barriers to safely and securely cast a ballot,” said Eric H. Holder, Jr., the 82nd Attorney General of the United States. “With just a few days left during this election, I strongly encourage North Carolinians to take advantage of the option -- won in this agreement -- to drop their ballot off at an early voting center.”

“Today's victory is a big win for the people of North Carolina and those who have yet to cast their ballot and want to ensure they can do so safely and securely during the pandemic,” said J.B. Poersch of the Right to Vote Foundation. “We are proud to have taken on this fight to improve voting access for North Carolinians, especially African-American voters, who have more options to vote safely and make their voices heard in this election."

"This is an important, common-sense victory for voters and voting rights. The Supreme Court’s 5-3 vote today means that thousands of North Carolina voters will be able to cast a ballot during the pandemic that will actually be counted, without putting their health at risk,” said Richard Fiesta, executive director of the Alliance for Retired Americans. “This is particularly important to the thousands of North Carolina voters who are at most risk from the coronavirus.”

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 8 p.m. on November 10 -- seven days after Election Day -- 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 documents from the case here.

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