May 4, 2020

By Patrick Rodenbush
rodenbush@redistrictingfoundation.org

Right to Vote Foundation, National Redistricting Foundation File Lawsuit in North Carolina to Expand Access to Vote By Mail
Case Was Filed in North Carolina State Court

Washington, D.C. - Today a group of voters supported by the Right to Vote Foundation and the National Redistricting Foundation (NRF) is filing a lawsuit in North Carolina that challenges the state’s restrictions on voting by mail. The COVID-19 pandemic has created or exacerbated a number of issues related to North Carolina’s existing absentee voting procedures that will create unconstitutional burdens on North Carolinians unless they are remedied. The lawsuit challenges the state’s ballot postage requirements, witness requirements, the deadline by which election officials must receive mailed ballots, and the rules and procedures around signature matching. The case was filed in the Wake County Superior Court making claims under the state constitution of North Carolina. 

“The current rules for absentee voting in North Carolina create unnecessary and improper burdens on voters, especially as the nation deals with the COVID-19 pandemic,” said Eric H. Holder, Jr., “This case could not be more urgent. The state must begin preparations now to ensure that the procedures necessary for increased vote at home and safe in person voting are in place for the citizens of North Carolina. The voters in this state must not be forced to choose between protecting the community’s health and their right to vote.”

“Wisconsin taught us that we must do all that we can to ensure the health and safety of those who want to exercise their right to vote,” said J.B. Poersch of the Right to Vote Foundation. “We must act now to lift these burdensome restrictions so that North Carolina is appropriately prepared for the influx of absentee voting in November as our nation deals with the COVID-19 crisis.”

“The current restrictions on mail ballots not only violate the state Constitution, but they also pose significant risks to voters’ health and safety, and, unless they are remedied, they could result in the disenfranchisement of an unprecedented number of North Carolinians,” said Marc Elias, chair of the Political Law Practice at Perkins Coie LLP. 

Taken together, these restrictions on mail ballots are at best unduly burdensome and pose significant risks to voters’ health and safety and, at worst, downright impossible to comply with such that they may result in the disenfranchisement of an unprecedented number of North Carolinians, especially those who are medically and financially vulnerable.

In light of the COVID-19 pandemic, the State Board of Elections has said they expect a 40% increase in the use of mail ballots and made a number of recommendations to the North Carolina General Assembly to ease the burden on voters, but the General Assembly has refused to take any action. Given the expected increase in mail ballots and the economic and health burdens facing North Carolinians, the lawsuit seeks to remedy a number of issues, including: 

• First, the suit seeks to require the state to provide pre-paid postage on all absentee ballots and ballot requests so that voters, many of whom are currently unemployed due to the pandemic, are not forced to pay a penalty for casting a ballot. 

• Second, the suit seeks to enjoin the onerous requirement that a voter must have two witnesses or a notary verify a ballot. 

• Third, the suit seeks to extend the deadline for mail ballots to be received to nine days after Election Day, which matches the deadline for military-overseas ballots. 

• Finally, the suit seeks to block election officials from rejecting ballots for signature discrepancies without giving the voter an opportunity to fix the issue, and ensure that state election officials have the necessary training and uniform standards for signature matching to ensure a fair process. 

This lawsuit builds off of the work that the Right to Vote Foundation has done in North Carolina to provide relief to North Carolinians penalized by unfair voting laws. Earlier this year, the Right to Vote Foundation filed a lawsuit in Wake County District Court to eliminate an unconstitutional rule in North Carolina’s new voting law that imposes harsh restrictions on the absentee voting process. Read more about the lawsuit here. 

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.

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. 

You can download a filed copy of the complaint here.

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