How the Left Operates (How it has consistently used “race” to invalidate NC Voter ID initiatives)

VOTER FRAUD - I only got to vote once (Daily Haymaker)

(Photo Credit:  Daily Haymaker)

by Diane Rufino, March 2, 2019

North Carolina voters have tried for a long time now to enact a common-sense voter identification law. For years, they have suspected voter and election fraud, and so when groups like the NC Voter Integrity Project (founded by Jay Delancy, its president) and Project Veritas, and data analysts like Major David Goetze presented verified instances of such fraud (which the NC state Board of Elections refused to investigate and prosecute, and in fact, began to enact policies to prevent such groups and individuals from accessing public data to find the fraud), they went to the polls in great numbers to elect representatives who would finally once and for all, legislate on their behalf and address their legitimate concerns about the integrity and transparency of our elections.

North Carolina was the only state in the southeast not to have a Voter ID law.

In 2013, the Republican-majority NC General Assembly passed a strict Voter ID law (Act. 2013-381, HB 589, Part 2), to go into effect for the 2016 presidential election. It included a strict photo requirement to vote. In 2015, the law was challenged by the NC NAACP and other minority groups alleging that it was discriminatory to African-Americans. In anticipation of the lawsuit, the legislature met in an urgent session to revise the bill, making it a “non-strict” photo identification law (HB 836).

The district court upheld the revised Voter ID law, convinced that it was passed in furtherance of reasonable state interests in fraud-free elections. The NC NAACP and other groups appealed the ruling to the 4th Circuit Court of Appeals which struck the law down alleging that it was intentionally drafted and passed to target African-Americans and to diminish their voice at the ballot box.

In 2018, the Republican-dominated NC General Assembly passed a ballot initiative (HB 1092) to add a strict photo identification requirement to vote to the North Carolina state constitution. Voters would vote on the initiative (along with five other initiatives to amend the state constitution) in the November election. Despite a very strong campaign by the left, by the NAACP, by the Democratic Party, by the NC Bar Association, by the media (“North Carolina against tries to pass a Voter ID requirement to disenfranchise black voters), and others, including a scheme to confuse uninformed and ignorant Democratic voters who hadn’t even heard of any of the proposed amendments (“You must vote NO for all the amendments; they are the product of an illegal General Assembly!), the Voter ID amendment was approved by the voters.

In order to give life to the amendment, the General Assembly would need to enact legislation requiring verifiable forms of a photo ID in order to vote (a “strict photo ID” law). It would legislatively accomplish what the constitution now required. And so, on December 5-6, the General Assembly voted to approve Senate Bill 824 (SB 824), which listed the types of voter identification that would be accepted at the polls. [SL 2018-144 (2017-2018 session)]. The NC NAACP, headed by extreme race-baiter Rev. Anthony Spearman, held several press conferences articulating his delusion that North Carolina is like Alabama and Mississippi at the height of the civil rights era. They even held a rally outside the legislative building the first day of the vote.

On December 14, Gov. Roy Cooper vetoed SB 824 and House Speaker Tim Moore responded in a press statement by saying, “We are disappointed that Gov. Cooper chose to ignore the will of the people and reject a commonsense election integrity measure that is common in most states, but the North Carolina House will override his veto as soon as possible.”

And over-ride the veto they did. Before the new legislature was inaugurated (late January), and while Republicans still held a super-majority, they met and voted to over-ride Governor Cooper’s veto.

North Carolina finally… FINALLY had a Voter ID law. And not only that, they had a strict photo identification requirement to vote enshrined now in their state constitution.

The question was: How long before Democrats and liberals would challenge them and try to invalidate them. It was the question that almost every single person asked on election night and then when the General Assembly met in special session to pass the Voter ID law.

As it turned out, the first lawsuit was filed within hours after the General Assembly over-rode Governor Cooper’s veto of the Voter ID law, on December 19, 2018. The NC NAACP filed that lawsuit and Clean Air Carolina then joined in. The suit was filed against Speaker of the House Tim Moore, Senate Pro Tempore Phil Berger, and the State Board of Elections in Wake County Superior Court. [NAACP and Clean Air Carolina v. Moore and Berger (2018)]. The parties challenged two of the amendments (2 out of 4) that were adopted in November – the Voter ID amendment and the amendment capping the state income tax rate at 7% (lowering it from 10%).

In that lawsuit, the NCNAACP alleged that the NC general Assembly was improperly constituted in 2016, being the product of racially-gerrymandered state house and state districts, and therefore the amendment proposals adopted by that legislature for the November ballot were themselves tainted, were not the product of legitimate popular sovereignty, and therefore invalid acts. The NCNAACP asked the court to strike the amendments

Democrats have become all too predictable. As long as anything could be related to race, the race card would be used.

On Friday, February 22, Wake County Superior Court Judge G. Bryan Collins invalidated the amendments, The Voter ID amendment was passed by 55.49 % of NC voters and the amendment to limit the state income tax rate was passed by 57.35% of voters. In his ruling, Judge Collins agreed with the NCNAACP that the proposed amendments were passed by an “illegally constituted General Assembly” that was “not empowered to pass legislation that would amend the state’s Constitution.”

Collins further wrote the “unconstitutional racial gerrymander tainted” the three-fifth majorities in each chamber necessary to submit the amendments to voters. He said that amounted to “breaking the requisite chain of popular sovereignty between North Carolina citizens and their representatives….. An illegally constituted General Assembly does not represent the people of North Carolina and is therefore not empowered to pass legislation that would amend the state’s constitution.”

He struck down the two amendments. He declared them to be void.

The judge based his opinion on previous court rulings finding that the General Assembly had been elected using “illegally gerrymandered” district maps. What he conveniently ignored was the federal court ruling that ultimately allowed the maps to be used for the 2016 elections.

Rev. Spearman issued this press release following the ruling: “We are delighted that the acts of the previous majority, which came to power through the use of racially discriminatory maps, have been checked. The prior General Assembly’s attempt to use its ill-gotten power to enshrine a racist photo voter ID requirement in the state constitution was particularly egregious, and we applaud the court for invalidating these attempts at unconstitutional overreach.”

Most are attacking the ruling as an act of clear judicial activism. NCGOP chairman Robin Hayes told the News & Observer: “This unprecedented and absurd ruling by a liberal judge is the very definition of judicial activism.” And Sen. Ralph Hise commented that the judge clearly had “an axe to grind.” And in a statement issued to NC voters, Senate leader (Senate President Pro Tempore) Phil Berger wrote: “It’s yet another example of activist judges taking away your political power to suit their own liberal agenda.”

After the ruling was handed down, Berger posted his disgust on his Facebook page: “Your vote to add a Voter ID amendment to the state constitution was overturned on Friday by one Democratic judge in Wake County. One Democratic judge overruled two million voters—a majority—to toss out Voter ID in North Carolina. He absurdly argued that a voter ID constitutional amendment is unconstitutional.

He continued: “A single Democratic Wake County trial judge ruled that the entire North Carolina General Assembly was an unconstitutional usurper body for approximately 1 ½ years. The millions of votes cast by citizens and certified by the North Carolina Board of Elections could potentially be thrown out by one Democratic judge.”

In other words, the people of North Carolina essentially were without a government for almost two years. That is what the ruling essentially states.

Bryan Collins is a registered Democrat who has clear partisan leanings. He donated to the Kay Hagan campaign and has attended NAACP conventions. It’s hard to imagine he could be impartial in a case brought by the very group he saw fit to publicly support.

My first issue with the ruling is why Judge Collins concluded that the district maps (gerrymandering) had to have been drawn up based on the racial make-up of the voters. Why did he conclude “Race” when the district maps could have just as rationally been drawn up on account of “political identity”? Was it just because a racial minority group made the allegation? [I’m sorry, but I don’t buy the rationale in the Supreme Court decision Cooper v. Harris (2017); See Reference section].

This was the same question I asked when the 4th Circuit concluded that the changes to North Carolina’s voter laws were motivated primarily and overwhelmingly by racial animus – to intentionally suppress the African-American vote. Why did the court assume the General Assembly targeted them on account of skin color rather than on account of political identity? The Supreme Court has said that if a particular race happens to be impacted more than others by a voter ID law that is neutral on its face, than it would be permitted. It concluded that requiring photo identification to vote poses no reasonable burden to an individual right to vote.

Here are some statistics about North Carolina voters in that the NC General Assembly was able to consider in their re-districting plan: In 2016, 22% of all registered (active) voters in North Carolina were African-Americans. (That matches exactly the demographics in the state, with 22.1% of the population being African-American). Furthermore, exactly half of all registered Democrats in 2016 in North Carolina were African-American.

If you take these statistics together, it is seems quite obvious that almost all African-Americans identify as Democrats. It also seems quite obvious that the Democratic Party in North Carolina relies very heavily on the African-American community for votes.

So, if African-Americans identify almost exclusively (certainly overwhelmingly, well over 90%) with the Democratic Party, how does a judge in all honesty, conclude that district maps were drawn based on skin color and not on political identity. Isn’t “political identity” or “party affiliation” the more pertinent identifier ?

In 2016, the General Assembly drew up new district maps. A federal court (the US District Court for the Middle District of North Carolina), found the 28 of the 170 legislative districts (house and senate) and 2 of the congressional districts were improperly racially gerrymandered (black voters were drawn together in districts). The General Assembly addressed the concerns but they didn’t quite overcome the deficiencies. The 3-judge panel of judges, however, acknowledged that “there is insufficient time, at this late date, for: the General Assembly to draw and enact remedial districts; this Court to review the remedial plan,” and so, they allowed the maps to remain in place for the 2016 election. (The legislature would have to amend the maps in the 2017 session).

At some point during or after 2017, the maps would no longer be struck down by the courts as “racially” gerrymandering but rather as “partisan” gerrymandering. When the state legislature’s district maps could no longer be challenged as “racial” gerrymandering, they then began to challenge them as “partisan gerrymandering. That is, the districts were drawn to favored Republicans. Mind you, the courts are well-aware that the Supreme Court has never struck down a districting plan because it is partisan in design. But precedent has never stopped the liberal North Carolina courts. (See the Appendix at the end of the article).

The maps drawn up in 2016 and used in the 2016 election continued to provide a possible legal angle for disgruntled and racially-obsessed Democrats. The courts have been their friend in the past and they would use them again.

To understand why the NC NAACP brought its lawsuit against the Republican-majority General Assembly based on a racial allegation, we need to look at districting authority, federal law, and court precedent. We will see that the lawsuit was pure political strategy, taking advantage of outdated federal law and court decisions that still believe the United States and southern states in particular are still obsessed with white supremacy and motivated by animus and discriminatory intent when it comes to its African-American population. We will see that this is the favored approach of progressives who use the liberal courts to achieve what it can’t with duly-enacted legislatures and other governing bodies.

Each state legislature is tasked with drawing up district lines, or district maps. District lines for US congressional districts and for both state house and senate districts must be re-drawn every 10 years following the completion of the US census. The party holding the majority in the state legislature at the time re-districting maps are to be re-drawn has the benefit of drawing those district lines to its advantage. Nothing in the state constitution of North Carolina requires that re-districting be done on a non-partisan basis. In fact, for so many years, while Democrats have held the majority in both houses in the NC General Assembly, they have drawn maps to favor their party, including focusing on race since it is a strong indicator of Democratic support.

North Carolina has 13 US congressional districts (for its 13 representatives in the US Congress), it has 120 NC house districts, and 50 NC Senate districts. The NC General Assembly is alone responsible for drawing up all these maps/districts and they are NOT subject to approval by the Governor. In other words, the maps drawn up by the Redistricting Committee is not subject to being vetoed by the Governor.

In drawing up district maps, the federal government mandates that districts must have nearly equal populations to comport with the US Constitution and notions of democracy. The rule that election districts contain equal populations is the essence of the general idea of “One Person, One Vote,” which was emphasized by the Supreme Court in 1962 (Baker v. Carr). It means that a person’s vote counts equally no matter where he casts his vote. Civil Rights laws further mandate that district maps must not discriminate on the basis of race or ethnicity. It is OK to discriminate based on the white color of one’s skin, it is OK to discriminate based on affluence (or lack thereof), and it is OK to discriminate based on political affiliation. The courts have always tolerated partisan gerrymandering (even when district maps assume no reasonable shape at all) but they do not tolerate racial gerrymandering.

Hence we are starting to see why the allegation of “racial” gerrymandering was made. Partisan gerrymandering will not guarantee a favorable challenge and outcome. An allegation of “racial” gerrymandering will.

This is how the Democratic machine works.

Anyway, Senate leader Phil Berger has filed an appeal on behalf of the Republican legislative leaders, calling Judge Collin’s ruling an “absurd decision.” His full announcement read: “We are duty-bound to appeal this absurd decision. The prospect of invalidating 18 months of laws is the definition of chaos and confusion. Based on tonight’s opinion and others over the past several years, it appears the idea of judicial restraint has completely left the state of North Carolina. Rest assured, our lawyers will appeal this ridiculous ruling, but it’s yet another example of activist judges taking away your political power to suit their own liberal agenda.”

Republicans contend Collins’ reasoning jeopardizes dozens of laws.

Here is what the appeal by the Republican legislators argues: (i) Judge Collins disregarded the fact that a federal court had allowed the 2016 election to proceed using the challenged districting maps; (ii) If Collins’ ruling should stand, then essentially the state had no government for almost 2 years (2017-2018). Yet residents were still required to pay taxes to it; (iii) If Collin’s ruling should be permitted to stand, then it would invalidate all the laws of that “illegal legislative session – anarchy; and (iv) To allow Collins’ ruling to stand would create chaos and further litigation in North Carolina.

In the meantime, Sen. Berger appealed to Judge Collins to stay his order striking down the amendments (stay = “put on hold”) while he and fellow Republican leaders file their appeal with the state appellate court, but he refused. The case will most likely reach the state Supreme Court. Currently, the seven-member body is composed of at least five registered Democrats, but Governor Cooper will have the opportunity to appoint one more associate justice, to fill the vacancy on the court caused by his appointment of Associate Justice Cheri Beasley to Chief Justice. It will no doubt be another Democrat, bringing the total to 6 Democrat justices.

A statement by Sen. Berger after the ruling by Judge Collins perhaps describes it best: “All North Carolinians, regardless of party, should be concerned by this lawlessness, because it’s only a matter of time before a judge comes for their preferred legislative policies. Judge Collins is calling the legislature a usurper body while himself usurping the will of millions of North Carolinians who voted to amend their own constitution.”

The one redeeming quality about this ruling is that we can now see all so clearly how liberal-minded, overreaching judges tend to bend the Constitution for progressive purposes and how they use their positions on the bench to disregard the democratic process and un-do the will of the people.

So what does this mean for the honest and decent and well-meaning citizens of North Carolina who want transparent elections in their state? What does this mean for the honest and decent and well-meaning North Carolinians who, despite what Spearman says, do not live their lives seeing things in terms of black and white, who enjoy living side-by-side with persons who don’t look exactly like themselves, and who simply are concerned about the integrity of the NC election process? What does this mean for the majority of North Carolinians who have pressured their state government to address voter fraud and potential voter fraud since 2010?

The good news is that the Voter ID law (SB 2018-144) passed by the General Assembly in December is still good – at least for now. It is a stand-alone bill, not tied by language to the constitutional amendment, and passed by members of the General Assembly of both parties (with two Democrats joining Republicans in the House and one joining Republicans in the Senate). The equipment is not in place yet to provide a free photo ID to those who can’t afford one or who otherwise can’t obtain one, but should be in time for the next election cycle.

The appeal has been filed by Senate leader Phil Berger and House Speaker Tim Moore and we should soon find out if Judge Collins’ judicial order will stand or be overturned. If the order invalidating the amendments is upheld, there may be a lawsuit to challenge the Voter ID law as the product of an illegally-constituted General Assembly but to move forward under that theory would potentially mean that every single piece of legislation and every decision made could also be challenged in court. My guess is that such a lawsuit won’t be filed.

For now, North Carolina has a strict Voter ID law in place. The only thing the NCNAACP has done is to manufacture a crisis of racism that doesn’t exist and to be successful in convincing a lower state court judge to issue one of the grossest acts judicial activism in recent history. There should be no place in North Carolina for the NCNAACP.

 

References:

Voter ID law – SB 2018-144 (2017-2018) – https://www.ncleg.gov/BillLookup/2017/S824“NC Judge Invalidates Two Constitutional Amendments Passed by Voters Last Fall,” NC Family Policy Facts, February 25, 2019. Referenced at: http://my.ncfamily.org/site/MessageViewer?em_id=5207.0&dlv_id=9084

Gary Robertson, “Judge Strikes Down North Carolina Voter ID OK’ed by Voters,” The Washington Post, February 22, 2019. Referenced at: https://www.washingtonpost.com/politics/judge-strikes-down-north-carolina-voter-id-okd-by-voters/2019/02/22/0cfd1a98-3708-11e9-8375-e3dcf6b68558_story.html?utm_term=.24d45d7283d2

”Voter ID History,” National Conference of State Legislatures. Referenced at: http://www.ncsl.org/research/elections-and-campaigns/voter-id-history.aspx

Rebecca Trippett, “NC in Focus: Who are NC’s Democratic Voters?” UNC Carolina Demography, October 2, 2016. Referenced at: https://demography.cpc.unc.edu/2016/10/07/nc-in-focus-who-are-ncs-democratic-voters/

“Federal Judges: Racially-Tainted General Assembly Districts Must Be Redrawn,” WRAL, August 11, 2016. Referenced at: https://www.wral.com/federal-judges-racially-tainted-general-assembly-districts-must-be-redrawn/15920846/

Adam Liptak, “Justices Reject 2 Gerrymandered North Carolina Districts, Citing Racial Bias,” The New York Times, May 22, 2017. Referenced at: https://www.nytimes.com/2017/05/22/us/politics/supreme-court-north-carolina-congressional-districts.html

VIDEO: “How Gerrymandering Got its Name.”   https://www.youtube.com/watch?v=8BWVDUpEaNM

VIDEO: “Crash Course on Re-districting.” https://www.youtube.com/watch?v=MnhFm5QVVTo

NAACP and Clean Air Carolina v. Moore and Berger, COMPLAINT –

https://www.southernenvironment.org/uploads/words_docs/Complaint_-_Usurpers_FINAL_-_pdf.pdf [Notice how the NAACP refers to Republican leaders as “Usurpers”]

NAACP and Clean Air Carolina v. Moore and Berger (2018), OPINION – https://www.southernenvironment.org/uploads/words_docs/doc03389420190222171503.pdf

Ariane de Vogue, “Supreme Court Blocks Court Order to Redraw North Carolina Congressional Districts,” CNN, January 19, 2018. Referenced at: https://www.cnn.com/2018/01/18/politics/north-carolina-supreme-court-redistricting/index.html   [US Supreme Court voted 7-2 to freeze (ignore) a lower federal court ruling that struck down North Carolina’s congressional districts, holding that it amounted to an unconstitutional partisan gerrymander. The order makes it likely, although not certain, that the controversial maps will be used for the 2020 election. In January 2018, a three-judge panel of the 4th Circuit Court of Appeals agreed with the lower district court and held that North Carolina’s 2016 plan was enacted “with the intent of discriminating against voters who favored non-Republican candidates” and that the plan violated the First Amendment by “unjustifiably discriminating against voters based on their previous political expression and affiliation.” Partisan gerrymandering had been permitted by the Supreme Court and lower courts in the past, assuming that politics was always involved in the drafting of maps. The lower district court had ordered the NC General Assembly to enact a remedial redistricting plan by January 24, 2019. The Supreme Court voted to freeze that court order and, at least for now, to allow the maps to remain in place for the next election. The order comes as the Supreme Court is also considering two other partisan gerrymander cases – one from Maryland and the other from Wisconsin. It is likely that should it take those cases, the NC case will be re-considered along with the other two. If the Supreme Court agrees to hear the cases, it will be the first time that the high court takes up the issue of “when is partisan gerrymandering too extreme” (so as to offend notions of fairness). The court will address the question of whether or not standards for partisan gerrymandering can be determined and applied].

Voter ID Laws by State, Ballotpedia. https://ballotpedia.org/Voter_identification_laws_by_state

“Redistricting and the Supreme Court: The Most Significant Cases,” National Commission of State Legislatures (NCSL), July 9, 2018. Referenced at: http://www.ncsl.org/research/redistricting/redistricting-and-the-supreme-court-the-most-significant-cases.aspx

Those cases:

Baker v. Carr, 369 U.S. 186 (1962). For the first time, the court held that the federal courts had jurisdiction to consider constitutional challenges to state legislative redistricting plans. The Court held that a federal district court had jurisdiction to hear a claim that this inequality of representation violated the Equal Protection Clause of the Fourteenth Amendment.

Gray v. Sanders, 372 U.S. 368 (1963). The Court established the constitutional standard for equality of representation as “one person, one vote.”

Karcher v. Daggett, 462 U.S. 725 (1983). Congressional districts must be mathematically equal in population, unless necessary to achieve a legitimate state objective.

Shaw v. Reno, 509 U.S. 630 (1993). Legislative and congressional districts will be struck down by courts for violating the Equal Protection Clause if they cannot be explained on grounds other than race. (While not dispositive, “bizarrely shaped” districts are strongly indicative of racial intent).

Cooper v. Harris, (2017). Partisanship cannot be used to justify a racial gerrymander.

**** I always thought that it was odd the Courts did so, since: (i) it is the manipulation of district maps for partisan purposes that is the real concern in elections, and (ii) all too often, racial identity and political identity are the same.

 

APPENDIX I: Gerrymandering in North Carolina (since 2016)

In November 2010, the Republican party gained control of both houses of the North Carolina General Assembly. Republicans hadn’t had control of both houses since 1896, when the party successfully fused with the Populist Party. Republicans first gained control of the state house in 1998 but they have been unable to gain control of the state senate since 1896. Prior to the 2010 election, corrupt Democratic Senate leader Marc Basnight and corrupt House Speaker Joe Hackney controlled the state’s government. Basnight led the Senate for a record 18 years. The mandate for the newly-elected Republican majority was to end the corruption, to set a priority to live within a smaller more responsible budget (the state faced an estimated $3 billion deficit), and to enact a Voter ID bill.

Elections have consequences. Obama said this many times after he won, and in fact, the Supreme Court has recognized this common-sense truth in reviewing election matters.

The push-back against Republicans began immediately.

The following is taken directly from the “FACTS” section of the Complaint filed by the NCNAACP. It lays out the series of lawsuits against the North Carolina General Assembly (N.C.G.A.) with respect to the district maps.

The Unconstitutional N.C.G.A:

(1) The N.C.G.A. is comprised of 50 Senate seats and 120 House of Representative seats pursuant to the Constitution of the State of North Carolina, Art. II, §§ 2, 4.

(2) In 2011, following the decennial census, the N.C.G.A. redrew the boundaries of North Carolina legislative districts for both the NC Senate and the NC House of Representatives. The districts were enacted in July 2011.

(3) The N.C.G.A. unconstitutionally and impermissibly considered race in drawing the 2011 legislative maps, resulting in legislative districts that unlawfully packed black voters into election districts in concentrations not authorized or compelled under the Voting Rights Act of 1965.

(4) On November 4, 2011, the NC NAACP joined by three organizations and forty six individual plaintiffs filed a state court action that raised state and federal claims challenging the districts as unconstitutionally based on race. Dickson v. Rucho, 766 S.E.2d 238 (N.C. 2014), vacated, 135 S. Ct. 1843 (2015) (mem.), remanded to 781 S.E.2d 404 (N.C. 2015); vacated and remanded, 198 L. Ed. 2d 252 (U.S. 2017) (mem.), remanded 813 S.E.3d 230 (N.C. 2017).

(5) On May 19, 2015, plaintiffs Sandra Little Covington et al, filed a parallel challenge in federal court alleging that twenty-eight districts, nine (9) Senate districts and nineteen (19) House of Representative districts, were unlawful racial gerrymanders in violation of the Equal Protection Clause of the Fourteen Amendment of the United States Constitution. Covington v. North Carolina, 316 F.R.D. 117 (M.D.N.C. 2016).

(6) In August 2016, the three-judge federal district court panel unanimously ruled for plaintiffs, holding that “race was the predominant factor motivating the drawing of all challenged districts,” and struck down the twenty-eight (28) challenged districts (nine Senate districts and nineteen House districts) as the result of an unconstitutional racial gerrymander. See Covington v. North Carolina, 316 F.R.D. 117, 124, 176 (M.D.N.C. 2016), aff’d, 581 U.S. ––––, 137 S.Ct. 2211 (2017) (per curiam).

(7) On June 5, 2017, the United States Supreme Court summarily affirmed the lower court’s ruling that the twenty-eight (28) challenged districts were the result of an unconstitutional racial gerrymander, North Carolina v. Covington, 581 U.S. ––––, 137 S.Ct. 2211, (2017) (per curiam). On June 30, 2017, a mandate was issued as to the U.S. Supreme Court’s order affirming the lower court’s judgment.

(8) The United States Supreme Court, however, vacated and remanded the lower court’s remedial order for a special election, ordering the lower court to provide a fuller explanation of its reasoning for the U.S. Supreme Court’s review. North Carolina v. Covington, — U.S. —, 137 S. Ct. 1624 (2017) (per curiam).

(9) On remand, the three-judge panel granted the N.C.G.A. an opportunity to propose a new redistricting plan to remedy the unconstitutional racial gerrymander. Covington v. North Carolina, 283 F.Supp.3d 410, 417–18 (M.D.N.C. 2018). In August 2017, the N.C.G.A. submitted a proposed remedial map, drawn by Dr. Thomas Hofeller, the same mapmaker the General Assembly had hired to draw the 2011 invalidated maps. Dr. Thomas redrew a total of 11 of the 170 state House and Senate districts from the 2011 unconstitutionally racially-gerrymandered maps. Id. at 418.

(10) After reviewing the General Assembly’s remedial plan, the three-judge panel determined that a number of the new districts put forward by the N.C.G.A. in its 2017 remedial plan were essentially continuations of the old, racially gerrymandered districts that had been previously rejected as unconstitutional and either failed to remedy the unconstitutional racial gerrymander or violated provisions of the North Carolina Constitution. Id. at 447-58. For those defective districts, the three-judge panel adopted remedial districts proposed by a court

appointed special master. Id. at 447-58. The United States Supreme Court affirmed the districts adopted by the three-judge panel, except for certain districts in Wake and Mecklenburg Counties that had not been found to be tainted by racial gerrymanders, but were drawn in alleged violation of the state constitutional prohibition against mid-decade redistricting.   North Carolina v. Covington, 138 S.Ct. 2548 (2018).

(11) In order to cure the 2011 unconstitutional racial gerrymander, the remedial maps redrew 117 legislative districts.

(12) In November of 2018, elections for all N.C.G.A. seats were held based on the redrawn districts, the first opportunity that voters had had since before 2011 to choose representatives in districts that have not been found to be the illegal product of an unconstitutional racial gerrymander.

(13) Since June 5, 2017, the N.C.G.A. has continued to act and pass laws.

Reference: NAACP and Clean Air Carolina v. Moore and Berger, COMPLAINT –https://www.southernenvironment.org/uploads/words_docs/Complaint_-_Usurpers_FINAL_-_pdf.pdf [Notice how the NAACP refers to Republican leaders as “Usurpers”]

Additional Gerrymandering History (Background of a Possible Upcoming Supreme Court case) –

In 2017, two congressional district maps, one for congressional district 1 and the other for congressional district 12, were challenged as being racially gerrymandered, and the district and appellate courts agreed. It was appealed to the US Supreme Court, which also affirmed on May 22, 2017. The high Court agreed that the districts in question were improperly racially gerrymandered and sent the case back to the district court for a suitable remedy. The district court ordered the General Assembly to draft remedial maps for use in the 2018 election cycle, which it did. And the court approved them. (So all is OK with the 2018 elections)

Those same district maps were then challenged as being improperly partisan gerrymandered. In 2017, a federal district court and held that North Carolina’s 2016 plan was enacted “with the intent of discriminating against voters who favored non-Republican candidates” and that the plan violated the First Amendment by “unjustifiably discriminating against voters based on their previous political expression and affiliation.” Partisan gerrymandering had been permitted by the Supreme Court and lower courts in the past, assuming that politics was always involved in the drafting of maps. The Supreme Court has always been of the understanding (the rightful expectation) that “elections have consequences.” The lower district court had ordered the NC General Assembly to enact a remedial redistricting plan by January 24, 2019. The ruling was appealed.

In January 2018, a panel of 3 federal judges affirmed the lower court ruling and declared the congressional district maps to be unconstitutional, being the product of partisan gerrymandering – that is, the maps were drawn to unfairly favor Republican candidates. (“The Republican-dominated state’s House map violated the First and 14th Amendments by unfairly giving one group of voters – Republicans – a bigger voice than others in choosing representatives”). The ruling was appealed to the Supreme Court.

On January 19, the US Supreme Court voted 7-2 to freeze (ignore) the lower federal court ruling,. The order makes it likely, although not certain, that the controversial maps will be used for the 2020 election. The order comes as the Supreme Court is also considering two other partisan gerrymander cases – one from Maryland and the other from Wisconsin. It is likely that should it take those cases, the NC case will be re-considered along with the other two. If the Supreme Court agrees to hear the cases, it will be the first time that the high court takes up the issue of “when is partisan gerrymandering too extreme” (so as to offend notions of fairness). The court will address the question of whether or not standards for partisan gerrymandering can be determined and applied].

In August 2018, the same three-member panel of judges reached essentially the same conclusion that it had in January – that NC’s district maps were unconstitutionally gerrymandered to favor Republicans. The Supreme Court had never struck down a state district map based on partisan gerrymandering. However, the ruling sets up a delicate tactical question for the Supreme Court, particularly since two other states have had their districting maps challenged as well as being improper partisan gerrymandering.

 

APPENDIX II: Why the NC NAACAP Filed the Lawsuit

In short, the NC NAACP is an extreme racist group, believing the white community has one interest only – in keeping the black community down, disadvantaged, poor, and suppressed at the ballot box. It believes that the primary object of white legislators is to plot and scheme on how to do all of the above, especially to suppress the black vote. Whites = bad. Blacks = victims. Whites = Republican. Blacks = Democrat. It’s president, T. Anthony Spearman, has spoken often, with racism dripping from his lips, about how white legislators still cling to the Jim Crow mentality of the post-Reconstruction era and “meet in their lily-white caucuses” to “enshrine racism” in the state’s laws and most recently, to enshrine it in the state’s constitution. His organization will do anything, and has done everything in its power (ie, to cry “racism” about everything that the legislature does), to prevent a voter ID law from being enforced in North Carolina and to keep the notion alive that it has no other purpose than to suppress the black vote.

In filing the lawsuit, Spearman commented: “The supermajority’s proposed amendments to the North Carolina constitution represent the greatest threat to our state’s democratic institutions since the Civil War.”

As usual, Spearman shows his utter ignorance of history and his willingness to distort history to further his ambitions. It was the Republicans in government (in power) that first gave blacks access to state democratic institutions and then to national democratic institutions. It was a Democrat, a slavery-supporter named Roger Taney (Chief Justice Roger Taney), who wrote the opinion in the infamous Dred Scott case (1857) that held that the United States never intended for persons of African descent to be included in the body politic (ie, to be considered as citizens) and hence, they could never be entitled to any protections under the US Constitution. In short, Mr. Dred Scott had no legal right even to bring his lawsuit.

It was the Democratic party and Democratic leaders who plotted and schemed to enshrine racism in laws, state constitutions, institutions, policies, and practices, and who engineered the social arraignment that was state-sponsored segregation (Jim Crow) to keep the races separated, implying that one race was superior to the other. It was Democratic Senators who filibustered in 1965 to prevent the passage of civil rights legislation. It was Republican Congressional leaders who banded together to break the filibuster and get the legislation passed.

If Spearman had any understanding or appreciation of history, he would know that Republicans aren’t the enemy of the black community. They aren’t the party that assumes that blacks are less intelligent, less capable, far less disadvantaged, incapable of making decisions on their own, incapable of competing in the workforce, incapable of supporting themselves, etc and hence government must take care of them. The Republican Party is the party of true equality, and all that it mean and all that it requires.

 

APPENDIX III: Why the NAACP Alleged the Income Tax Amendment to be Unconstitutional

The reason was provided in the Complaint filed by the NCNAACP:

“The income tax cap constitutional amendment harms the NCNAACP, its members, and the black community and its ability to advocate for tis priority issues. Because the amendment places a flat, artificial limit on income taxes, it prohibits the state from establishing graduated tax rates on higher-income taxpayers and, over time, will act as a tax cut only for the wealthy. This tends to favor white households and disadvantages people of color, reinforcing the accumulation of wealth for white taxpayers and undermining the financing of public structures (ie, public services) that benefit non-wealthy people, including people of color. For example, historically in North Carolina, decreased revenue produced by income tax cuts in the state has resulted in significant spending cuts that disproportionately hurt public schools, eliminated or significantly reduced funding for communities of color, and otherwise undermined the economic well-being of the non-wealthy.”

[In other words, the black community has nowhere achieved what the white community has achieved in NC, and because the black community has not achieved what the white community has achieved, the black community is entitled to what the white community earns. It makes no difference that the income tax cap amendment is absolutely neutral in its language and free from racial consideration. The black community is entitled to the wealth earned by others, which according to the NCNAACP, is earned almost exclusively by the white community].

Here is my question: Since the Reconstruction era, and especially after 1896, the NC state legislation has been in the hands of Democrats. Since blacks make up only about 22% of the population in the state, the only way that Democrats could have been elected and have continued to maintain control of the state government is if a large percent of voters were white. Democrats have held majorities and supermajorities for over 100 years, so if Spearman is complaining about the historic disadvantaged status of blacks in North Carolina, doesn’t it make sense that that’s because of the 100 years or so of Democratic government? Of Democratic policies? Republicans haven’t had the majority so it wasn’t their policies that have kept blacks so disadvantaged, so illiterate, so economically-depressed, etc. Maybe it was the white Democrats who are the real racists? In any case, it was Democrats, Democratic rule, and the long history of Democratic rule in North Carolina that have given rise to the status of blacks in the state.

Reference: NAACP and Clean Air Carolina v. Moore and Berger (2018), OPINION – https://www.southernenvironment.org/uploads/words_docs/doc03389420190222171503.pdf

 

APPENDIX IV. Why Clean Air Carolina joined the Lawsuit

Clean Air Carolina’s issue is not with the amendments at all. It is with having too many Republicans in government. This is what they said: “If the legislature is successful in its power grab it will have dire consequences for citizens in the voting booth, for our communities and the air we breathe, and for our basic democratic institutions. This is not our typical lawsuit but the proposed ballot measures would impact our ability to fulfill our mission by limiting the voice that North Carolinians have in state policy, particularly on urgent environmental issues.”   [Translation of “the voice that North Carolinians have in state policy”: They obviously mean that conservatives don’t count as North Carolinians. They are only concerned about Democratic residents of NC].

“This legislature has carried out extraordinary attacks to strip fundamental clean air and clean water protections that North Carolinians have been assured of for decades, breaking with our state’s long history of bipartisan support for environmental safeguards. At the moment we are poised to re-establish fair representation that will accurately reflect voters on environmental issues, they have attempted a desperate and unlawful power grab.”

In short, Clean Air Carolina honestly believes that Republicans have no interest in the environment. Hence, if they can help get rid of Republicans legislators, they would happily do so.

The Persistent Racist Accusations of the NC NAACP and Its Continued Attempts to Frustrate a Voter ID Law in North Carolina

Rev. Anthony Spearman - NC NAACP (photo courtesty of Virignia Pilot)

(Photo source: Associated Press and the Virginian Pilot)

by Diane Rufino, December 4, 2018

On November 6, an amendment to the North Carolina constitution requiring voters to present a photo identification for voting in person (the “Voter ID” amendment) passed with 55 percent support. The language of that amendment, per House Bill 1092 (H.B. 1092) which gave rise to the amendment, states: “Every person offering to vote in person shall present photo identification before voting in the manner prescribed by law.”

The next step in the process, of course, is to back the amendment up with appropriate legislation. The NC General Assembly officially began that task when it reconvened in Raleigh this week.

With this in mind, we can predict what the North Carolina NAACP, other black activist groups, and Democrats/liberals will do —  challenge any proposed legislation as too strict, too burdensome, and too discriminatory on black voters. Any law will be challenged as an orchestrated attempt to disenfranchise black voters at the ballot.  It has already filed a motion for Summary Judgement to declare all four of the adopted amendments void as being the product of an illegal general assembly (The NC NAACP holds that the election of the 2017-2018 General Assembly body was the product of racially-motivated gerrymandering and hence illegal).

On November 15, Reverend T. Anthony Spearman, the head of the NC NAACP held a press conference and outlined the group’s opposition to a photo ID law.  He said: “The North Carolina NAACP calls on all people of good will to attend the ‘All Roads Lead to Raleigh’ rally on November 27 as we prepare for a usurper general assembly which came to power illegally through racially-discriminatory maps and which will meet in Raleigh in a lame-duck special session to make a final effort to enshrine discrimination in our laws.”

He said the proposed amendments which were on the ballot on November 6 were “misleading and unlawful” and “forced upon North Carolina” by an illegal general assembly.

He continued:

“We will continue to fight the anti-democracy racist Photo ID law and its attempt to suppress black votes. A Photo ID discriminates against blacks, Hispanics, people of color, immigrants, and veterans. These people cannot be disenfranchised from their rightful access to the ballot box. Democracy requires that they have access to the ballot box.

History teaches us, and our hearts know it to be true – morally and constitutionally and practically that North Carolina is trying once again to suppress the votes of black people. I speak to our history……

Even before the ink was dry on President Grant’s clear signature on the 15th constitutional amendment on March 30, 1870, the slaveholders of North Carolina and the other ten treasonous states who declared war on the red, white, and blue flag and its government, had met in their lily-white caucuses to design schemes to deny and abridge, to suppress and gerrymander the black vote power down to nothing. Like today, in many NC counties, black voters were in the majority and anyone who could count could understand that if people voted by their racial category, the white man was going to lose. Like today, Mr. Berger and Mr. Moore hide in their lily-white caucus in our people’s house, and plan, with all their tricks, how to ram thru legislation and over-ride vetoes. Their motivations are clear. Their intent is to intimidate, trick, and confuse poor black voters…. “

He continued:

“The 15th Amendment states clearly – ‘The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.” House Speaker Moore, Senator Berger… What is it about the 15th Amendment’s clear guarantee that you don’t understand?  Perhaps we should hang the 15th Amendment high on a banner outside the lily-white caucus room in which you scheme up your scams. Will you have your police arrest us for holding up the Constitution, which you purport to love? The US Supreme ruled twice, in cases our organization brought, that the Photo ID legislation that you all passed (obviously talking to the NC General Assembly Republicans) was intentionally racist, ‘targeting voters of color with surgical precision.’ (quoting from the decision of the 4th Circuit’s 2016 opinion). You have contemptuously ignored the court’s ruling.

The second sentence of the 15th Amendment is even more elementary than the first. It reads: ‘The Congress shall have power to enforce this article by appropriate legislation.’  In 1965, Congress authorized the Voting Rights Act and re-authorized it three times. Since last Tuesday, many believe the votes are there to pass the bill (the Photo ID bill) that was stalled in the house. Thank God. The House used every trick I the book to abridge, curtail, trick, suppress, supplant, scare, intimidate, humiliate, and violently kill people, characterize them as felons, frame them as felons, imprison them as felons, and create impossible barriers to register – such as finding and producing birth certificates when high proportions of older black voters today were born with midwives with no birth certificates at all.

Even before the ink was dry on President Grant’s clear signature on the 15th constitutional amendment, sore-loosing slaveholders began organizing a defeated confederate army into secret political societies. In North Carolina, not far from here, in Alamance County, Colonel Sanders, from Chapel Hill, shed his gray uniform and donned a silly-looking white sheet to ride with burning sticks. That being in the White House and Nazi groups were particularly upset when black and white neighbors came together and began challenging the fake history that glorifies the statues of Robert E. Lee.  Perhaps it would be worthwhile to erect statues of Ulysses S. Grant across the South since many of our neighbors and students don’t seem to know who won the war to abolish slavery…….”

Wow, what a mouthful of racism….   So much hatred oozing from his words.

NOTE:  Spearman was absolutely INCORRECT (and perhaps even intentionally misleading) in his claim that the US Supreme Court has ruled on the NC Voter ID law. The Supreme Court DECLINED to look at the law (see later).

Well, at least we know now that the NAACP, with its extreme racist political position and its toxic, offensive, racist, and hate-filled rhetoric, is once again hoping to derail honest intentions to ensure honesty and integrity in North Carolina elections and once again framing the initiative (voted on by a majority of the voters in NC) as one pursued by Republicans for the purpose of intentionally disenfranchising blacks. Its intent is clear – to fight a restrictive Photo-Voter ID law.

And keeping its word, the NC NAACP held its protest beginning in the morning of November 27 (as the special lame-duck session of the NC General Assembly met to take care of business) on the Bicentennial Mall, headlined by its head, Rev. Spearman, and Rev. William Barber. In keeping with his rhetoric of November 15, Spearman shouted these words: “Senator Berger, Speaker Moore, what is it about that clear guarantee in the 15h Amendment that you cannot understand?”

Spearman thinks the racially-divided South of the Jim Crow era and pre-Civil Rights era has never ended. He needs a reality check. Sure, racism existed for a long time in our country. No one can deny that and no one does. But to think that it exists on a level even close to what it did back during the Jim Crow era and even up until the early 1960’s is sheer dishonesty. Although it took far too long for blacks to be recognized with full civil rights, the federal government not only stepped in to solve the problem but it went far beyond, granting all kinds of special protections, government over-sight, court orders, and affirmative action programs to remedy generations of past discrimination. Every race was discriminated at some point in our 20th century history (including Italians, Irish, Chinese, Middle-Easterners – all facing employment practices that excluded them from being hired. All faced horrible stereotypes which translated into the government intentionally limiting their numbers or banning them through our US immigration laws). Yet only one race has received and continues to receive special protection. Just look at all the federal and state laws that protect blacks and punish employers, schools, public accommodations, etc who attempt to discriminate against them. There are even laws that make it particularly easy to sue on the basis of racial discrimination. (When whites sue for discrimination, including when they are discriminated against in their application to universities in favor of blacks who are far less qualified, they are told that there is no law that protects them and hence, those schools are given great latitude and deference as to what they choose to do in reviewing and accepting applicants).  Only one race believes it holds the copyright on discrimination and disenfranchisement.

Writer and journalist Rachel Lu (of The Federalist) is tired what she sees as constant, unfounded accusations of racism from the left. She explains: “Liberals need racist foes to vanquish. Most of the time they have to resort to finding them where they obviously aren’t there.”  What I think she means is that accusations of racism by Democrats and other leftist groups are means to an end.

We see how racial discrimination has been dealt with in employment and public accommodations, so let’s look at how race influences things these days in other areas that really matter:

A 2005 study by Princeton sociologists Thomas J. Espenshade and Chang Y. Chung compared the effects of Affirmative Action on racial and special groups at three highly selective private research universities, including Harvard University. The data below, which is from the study, represents admissions disadvantage and advantage in terms of SAT points (on the old 1600-point scale):

Whites (non-recruited athlete/non-legacy status): 0 (control group)

Blacks: +230

Hispanics: +185

Asians: –50

Recruited athletes: +200

Legacies (children of alumni): +160

In other words, whatever the SAT test score that a white applicant received, the university judges that student and weighs his or her application exactly on that score. Whatever SAT score a black applicant received, the university automatically adds 230 additional points to the score before that applicant’s application is reviewed and judged and compared to other applicants. Hispanic applicants have their SAT scores upgraded and recruited athletes as well (and legacies, but we all kinda suspected that). Universities (again, at least the top private universities which were the target of the study) punish Asian applicants by automatically subtracting points from their earned SAT scores before reviewing their applications.

In 2009, Espenshade and researcher Alexandria Walton Radford, in their book No Longer Separate, Not Yet Equal, examined data on students applying to college in 1997 and calculated that Asian-Americans needed nearly perfect SAT scores of 1550 to have the same chance of being accepted at a top private university as whites who scored 1410 and African Americans who got 1100.

After controlling for grades, test scores, family background (legacy status), and athletic status (whether or not the student was a recruited athlete), Espenshade and Radford found that whites were three times, Hispanics six times, and blacks more than 15 times as likely to be accepted at a US university as Asian Americans.

It’s hard for most Americans to understand the notion that blacks are insidiously discriminated today in American society.

President Obama signed two federal orders, one in 2011 and another in 2016, which strengthened the ability to use race-related affirmative action to enroll in elementary and secondary education, as well as an Executive Order to require schools to ease off on punishing blacks in their school discipline policies (Obama assumed that since blacks were disproportionately the target of high school disciplinary action, the policies or the school administrators must be racist]. President Trump rescinded the federal orders.

The NC Voter Integrity Project, in talking about cases of voter fraud in North Carolina, recalls the incident where a black woman voted multiple times. No one wanted to say anything or call her out on it because they were afraid it would create a scene. Finally, on the third or fourth time voting, one poll worker finally questioned her. She immediately started screaming “They are trying to disenfranchise my vote!” She said she was voting for her black neighbor. The poll officials essentially did nothing; she was told to come back with her neighbor. As it turned out, she HAD voted multiple times, she LIED and DECEIVED the poll officials, the poll officials CHOSE to look the other way and ignore the fact that she voted illegally, and poll officials DECLINED to go to the officials about what she had illegally done. Once that brave poll worker left, she could continue to keep voting. (The last attempt at voting, she gave the name of her neighbor, a man).  Imagine if a white man had claimed: “I’m white and they are trying to stop me from voting.”  What do you think the outcome would be?  And people wonder why a photo ID is absolutely necessary.

Again, it’s hard for most Americans to understand the notion that blacks are insidiously discriminated today in American society.

The Supreme Court has said, in so many words and in many different ways, that our laws have done everything possible to eradicate discrimination against blacks and there is nothing else that can, or should be, done. To continue affirmative action programs (except in professional programs, such as law schools, for example) would be to violate the 14th Amendment as reverse-discrimination.  All that being said, I deplore racism in any form, whether it is outright in its action or application or whether it results by disparate application of law or policy. There is something wrong with a person who thinks that just because a person has a different skin color, there is something fundamentally different about what’s underneath – in his or her heart or mind. There isn’t…..  Unless, of course, it is the skin color that compels people to act differently, in a bad way – in a way that harms society. We are all different, on so many levels, but to think that skin color, a feature that a person is born with and has no ability to change (unless he or she is Michael Jackson) somehow makes that person inherently superior or inferior is the very definition of racist.

We can hold our own opinions regarding culture, cultural values, cultural conduct, and cultural priorities, and that is, in fact, where we are today. And that is our right as individuals who are allowed to think freely. It is our right of conscience and are right of association. But what we should never do is think that any one group of persons, simply based on skin color, is inherently inferior or superior. And we should never impute a bad quality to a group of persons simply because of skin color. Yet we see that all too often, from both sides.

And that’s why I hate racists; I hate what they have done to our society and what they continue to do. I hate race baiters and race mongers. I hate that they constantly force people to look at the characteristics that we can’t change, like skin color, rather than the characteristics that we have control over, such as character, personality, intelligence, talent, kindness, goodness, the ability to promote harmony, and the ability to make others smile. I hate racists from both sides. But to be honest, aside from neo-Nazi groups and strict white supremacists, the real racists are the ones on the left, and yes, from the black community like the NC NAACP, the Democratic Party, Reverend Al Sharpton’s black activist group, Black Lives Matter, the liberal mainstream media, and more. No one takes the neo-Nazis or the white supremacist groups seriously; they are lunatic fringe hate groups. Sadly, they have First Amendment rights. But luckily, they are small, powerless groups who don’t organize huge protests or cause any real violence or damage (as a group).  Dylann Roof, the young man who killed 9 when he shot up a black church in Charleston, identified as a white supremacist and even wrote a manifesto following the Travon Martin shooting.

But the more insidious racism comes from the left. President Obama accused every white person of being a racist (“whether they know it or not”), of being incapable of subconsciously thinking that black people are inferior. Hillary Clinton said the exact same thing. Michelle Obama spent almost her entire life seeing the world, and especially academia, in terms of black and white. She accused Princeton of being a racist institution yet protested the school demanding that black students be allowed to have their own dormitory (blacks, she said, have their own issues and shared interests that warrant getting their own living arrangements). As soon as Barack Obama took office, he rushed to judgement, publicly, when a Harvard professor, Henry Gates, a black man, was apprehended by a police officer when he was caught breaking into his own home (he lost his key).  Obama characterized the incident as an all-too-commonplace incident when a white officer racial profiles a black man. The truth of the matter is that Gates was observed by a neighbor who only saw his back, concluded it was an attempted home break-in, and notified the police. She never once said the man was black. When police arrived at the scene, Gates became overly hostile and accused the police of harassing him only because he was black and refused to answer the policeman’s questions. It was Gates who was the racist; it was he who created a racist incident where it didn’t deserve to be. The Black Lives Matter movement encourages blacks to kill white members of law enforcement for no other reason than they are white. Al Sharpton led a march in New York City in protest of supposed police brutality against blacks in which the marchers chanted “What Do We Want?  Dead Cops!  When Do We Want Them?  NOW!”)  The mainstream media perpetuated an incorrect narrative regarding the Travon Martin shooting, reporting that Community Watch leader George Zimmerman stalked and shot Travon because he was black and didn’t belong in the neighborhood. The truth is (I studied the tox reports, the autopsy findings, the court filings, and the case itself) that yes, while Zimmerman was keeping an eye on Travon (in his car), it was Travon who ultimately stalked him, attacked him, and beat him almost to the point of death, prompting Zimmerman to shoot his gun. Travon was high on drugs, had a history of aggressive behavior (was expelled from high school on account of it), had likely became paranoid because he saw Zimmerman keeping an eye on him (a side-effect of the drugs), and became aggressive, jumping Zimmerman, and while on top of him, punching him and beating him so hard that his nose was broken and blood was flowing down his throat and into his lungs. Zimmerman thought he was going to die and felt himself beginning to lose consciousness, which finally prompted him to shoot Travon. We all remember Obama condemning Zimmerman and saying “Travon could be my son.”  The dishonest media, throughout the ordeal, continued to show Travon as a sweet-faced young kid rather than the angry, thug-faced teen he had grown into, all in an effort to push the narrative that the shoot was racially-motivated. And how many times have we heard the testimonies of pro athletes who talk about their lives in the inner city and how they were raised to hate and mistrust whites. Even college-age liberals seem to be indoctrinated with the notion that all whites share a history of discriminating and mistreating blacks and that all whites are inherently given preferential treatment in society, in schools, in employment, in business, etc even when they don’t deserve it (“white privilege”). That term alone tells us that racism is becoming more entrenched in our society.

The truth is that more than ever, we find ourselves faced with gentle societal pressure to view people in terms of skin color and race, even when we don’t want to… even when every instinct and every moral, religious, and practical impulse tells us it is wrong. But Rev. Spearman is wrong to suggest, and to dare perpetuate, the message that the racism of the pre-Civil Rights era is the same racism poisoning our society and guiding our legislature here in North Carolina.

I.  HISTORY OF NC VOTER ID —

In all its prior elections, North Carolina voters were not obligated to show any form of identification at all when they showed up to vote, which seems impossible given the many instances of voter irregularity, the numbers that don’t make sense, the highly questionable votes that continue to roll in even after the election, the persistent appearance of impropriety in several of the counties in NC, the many instances of reported voter fraud by poll workers and other eyewitnesses, the instances of actual verified voter fraud uncovered by the NC Voter Integrity Project, the refusal of the state Board of Elections to prosecute the instances of fraud, and the inconsistencies (pointing to a scheme of voter fraud) unearthed by Major Dave Goetze when he analyzed all the numbers of voters versus recorded votes.

The adoption of a photo ID requirement to vote finally brings North Carolina into alignment with the great majority of other states who have voter identification requirements. Thirty-four states already require some sort of identification for voting in person. Of those, 17 states require a photo ID.

A voter ID must be viewed as a common sense requirement because many Western democracies, in fact, require voter ID in some form.

North Carolina recognized the need for a photo ID to vote, to address the claims and the opportunity for voter fraud and to address the general lack of trust and confidence in the integrity of its elections, and had already passed a valid Voter ID law back in 2013 (HB 589, which was the initial bill that originated in the NC House; it was amended in the Senate and then enacted as SL 2013-381). It was actually an omnibus bill which essentially means that it includes many changes, or packages many smaller bills into one larger single bill that could be passed with only one vote in each house. SL2013-381, in fact, including many changes to North Carolina’s voting laws in addition to adding a photo ID requirement. It was to take effect in 2016, in time for the presidential election. But African-American activist groups, like the NC chapter of the NAACP, protested strongly against it and challenged it in court, alleging the law to be a “blatant attempt to disenfranchise voters of color.” The Federal District Court for the Middle District of NC found no discriminatory intent, but on appeal to the 4th Circuit Court of Appeals, the 3-judge panel agreed with the petitioners (challengers) and on July 29, 2016, it struct down NC’s Voter ID law as being an intentional attempt to target black voters in its changes to the states’ voter laws. In other words, the 4th Circuit struck the Voter ID law down as being intentionally discriminatory. The opinion of the 4th Circuit will be addressed later, in a little more detail. [The opinion can be accessed at: http://www.ca4.uscourts.gov/Opinions/Published/161468.P.pdf ]

The NC state legislature appealed to the US Supreme Court the following May, but the high court refused to grant review. It denied review, not on the merits, and not on the valid issue at hand, but based on a procedural inconsistency. Pat McCrory filed the petition for review but lost his Governor’s seat in 2016 to Roy Cooper, thus making the challenge by the legislature invalid. In the Court’s response to the NC legislature, Chief Justice John Roberts wrote: “Given the blizzard of filings over who is and who is not authorized to seek review in this Court under North Carolina law, it is important to recall our frequent admonition that ‘the denial of a writ of certiorari imports no expression of opinion upon the merits of the case.’” Again, in denying to hear the case, the Supreme Court was not ruling on whether the 4th U.S. Circuit Court of Appeals’ three-judge panel was correct or not in its assessment of the North Carolina law.

After the crushing blow by the activist 4th Circuit, the NC legislature was left to figure out another way to deliver to the NC citizens a Photo ID voter law, a law which was top on their list of demands in sending a Republican majority to Raleigh. A constitutional amendment was the solution. It was not a legislature-driven initiative but rather one voted upon by the people themselves. And the people voted to adopt it. It was their will; it was their voice.

The NC NAACP can’t accuse 55% of the voters of North Carolina of being racist, of being motivated by a desire to disenfranchise blacks.

The more likely motivation was that they were concerned over too many irregularities in North Carolina elections (the election returns in Durham county, for example, back in 2016 ) and over too many stories (many true) of illegals voting and people voting by misappropriating the names of dead persons and those who have moved away. A photo ID requirement which proves to the poll official that the person who is voting is who he or she says he/she is is a simple way to address such opportunities to defraud the voting process (“One Citizen, One Vote”). Voter fraud and election fraud were also the reasons the NC General Assembly pursued a Voter ID law back in 2013, pursuant to a clear mandate pressured by the voters in the 2010 election. People were sick of the shenanigans being pulled at the ballot box. Despite what the mainstream media says about voter fraud, which in regard to this issue is absolutely fake news, the people know the truth. In 2010, Republicans finally secured the majority in both houses of the NC General Assembly (giving them the power to draw legislative districts, a critical move which helped them achieve GOP supermajorities in both the House and Senate). The opportunity finally arrived to address the lack of faith in NC elections and to address actual voter fraud and potential opportunities to commit it.

The voters of North Carolina put pressure on their state legislature for a Voter ID bill through the ballot box in 2010 (Republicans ran on a Voter ID bill) and then again on November 6 when they adopted a constitutional amendment requiring North Carolinians to present a photo ID to vote.

The language of the  Photo ID amendment, per House Bill 1092 (H.B. 1092), states: “Every person offering to vote in person shall present photo identification before voting in the manner prescribed by law.”

On November 21, Republican leaders in the NC General Assembly drafted a bill that describes what forms of photo ID would be allowed. It is considered a strict form of a photo ID bill; that is, it is restrictive in terms of what forms of ID would be allowed. That initial bill (v. 09) would have required persons to show one of the following forms of photo identification when they show up to vote: A North Carolina driver’s license, a U.S. passport, a military ID and veteran ID, tribal IDs, other forms of photo ID issued by the North Carolina Department of Transportation, a student ID (but only one issued by any of the 17 universities belonging to the UNC university system), and a voter ID card issued by each county’s board of elections office. This week, on Tuesday (Nov. 27), the General Assembly convened for a special two-week lame duck session in order to continue work on the new Voter ID law, as well as to address the other constitutional amendments adopted by voters on election day. Almost immediately, though, a revised draft of the Photo-Voter ID bill was submitted (Senate Bill 824; or S.824 – See below for its content) and as expected, Democrats played their games in an attempt to water-down the bill. From what I am told, the General Assembly will tackle in earnest the legislation to address photo ID next week.

And that is where the amendment stands right now.

The intent of the amendment would suggest that voters want a strict photo ID voter law. Why do I say this?  Considering the intense fight by Democrats and groups representing blacks to oppose and challenge a common-sense Voter ID law (it wasn’t even a strict one) and the intense media opposition campaign by the liberal-controlled media and by the Democrats (with George Soros providing much of the funding) to the Voter ID amendment, it seems obvious that the reason they were (and have been) so intently opposed to any type of voter ID is because they don’t want honest elections. Only a strict photo ID requirement can effectively thwart any of their plans to engage in voter manipulation or fraud.

NC Representatives Michele Presnell (R-Yancey) and John Sauls (R-Lee), both primary sponsors of H.B. 1092, believed the amendment was vital to block election fraud. As Rep. Presnell explained: “Citizens are increasingly concerned about attempts to subvert our elections process and it is incumbent upon government officials to safeguard public perception of our democracy as well as the actual ballots cast.” And Rep. Sauls added: “Confidence in the American democracy is essential to its longevity. Our state must not tolerate anyone’s vote being threatened because lawmakers failed to prevent fraud.”

Which brings us to the special lame-duck session which convened this week. Republicans want a strict form of a Photo ID law and but they face a potential hurdle if they don’t act quickly – Governor Roy Cooper, a Democrat and a strong opponent of voter ID laws. In fact, his entire history as Attorney General and we see a little of it also as Governor is that he has little respect for laws that are duly enacted and supported by the majority of the people of the state. He refused to support the Marriage Amendment that was adopted in the state by a ballot initiative (refused to defend it when it was challenged, even though it was his job) and he refused to allow the Supreme Court to review the 4th Circuit’s opinion on the 2013 Voter ID law. If Republicans have any chance of passing a strict Photo ID law, it needs to do so while it still enjoys a supermajority on both houses (that is, it needs to pass it before the new General Assembly is sworn in and the 2019-2020 session begins, which will be in January).

Interested persons should review the recent draft (S.824 – see below) and if they have questions or concerns, they should contact their legislators as quickly as possible.

II.  THE RELEVANT LAW

Let’s go back to the accusations made by race-mongers, Rev. Anthony Spearman and Rev. William Barber, and his racist organization, the NC NAACP.  I call them “race mongers” because they and their organization feed off racial stress and racial division. The organization exists only to perpetuate it and in fact, should racial harmony exist, the organization would die. It would become irrelevant; Rev. Spearman would become irrelevant. Rev. William Barber would be irrelevant. These men and this organization (like many similar ones) offer nothing brand new, nothing good, no solutions, but rather, just emphasize and re-emphasize the dispute between the races and the sins of the past.

Let’s look at their accusations that any form of Voter ID law is an absolute “abridgement” of the voting rights guarantee in the 15th Amendment to black people, that all attempts to enact a Voter ID law in North Carolina amounts to an intentional scheme to disenfranchise blacks of their right to vote, and that white legislators, in general, meet in their caucuses for the precise purpose to scheme against blacks and to seek legislation to discriminate against them and to disenfranchise them of rights and privileges and opportunities.

The first step, of course, is to take note of the relevant law, which I’ve summarized below:

A.  The 15th Amendment:

Section 1:  The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Section 2:  The Congress shall have power to enforce this article by appropriate legislation.

B.  The 14th Amendment:

Section 1:  All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

C.  Voting Rights Act of 1965 (relevant sections)

Section 4: (a) To assure that the right of citizens of the United States to vote is not denied or abridged on account of race or color, no citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under subsection (b) or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such State or subdivision against the United States has determined that no such test or device has been used during the five years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color: Provided, That no such declaratory judgment shall issue with respect to any plaintiff for a period of five years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this Act, determining that denials or abridgments of the right to vote on account of race or color through the use of such tests or devices have occurred anywhere in the territory of such plaintiff. An action pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 of the United States Code and any appeal shall lie to the Supreme Court. The court shall retain jurisdiction of any action pursuant to this subsection for five years after judgment and shall reopen the action upon motion of the Attorney General alleging that a test or device has been used for the purpose or with the effect of denying or abridging the right to vote on account of race or color.

If the Attorney General determines that he has no reason to believe that any such test or device has been used during the five years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color, he shall consent to the entry of such judgment

(b) The provisions of subsection (a) shall apply in any State or in any political subdivision of a state which (1) the Attorney General determines maintained on November 1, 1964, any test or device, and with respect to which (2) the Director of the Census determines that less than 50 percentum of the persons of voting age residing therein were registered on November 1, 1964, or that less than 50 percentum of such persons voted in the presidential election of November 1964.

A determination or certification of the Attorney General or of the Director of the Census under this section or under section 6 or section 13 shall not be reviewable in any court and shall be effective upon publication in the Federal Register.

(c) The phrase “test or device” shall mean any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class.

(d) For purposes of this section no State or political subdivision shall be determined to have engaged in the use of tests or devices for the purpose or with the effect of denying or abridging the right to vote on account of race or color if (1) incidents of such use have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recurrence in the future.

Section 5:  Whenever a State or political subdivision with respect to which the prohibitions set forth in section 4(a) are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1964, such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, and unless and until the court enters such judgment no person shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure: Provided, That such qualification, prerequisite, standard, practice, or procedure may be enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, except that neither the Attorney General’s failure to object nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 of the United States Code and any appeal shall lie to the Supreme Court.

Source:  https://www.ourdocuments.gov/doc.php?flash=false&doc=100&page=transcript

The Voting Rights Act of 1965 has no bearing on NC Voter ID laws since June 2013, when, in the case of Shelby County v. Holder, the Supreme Court struck down the operative section that used to require the federal government to review changes to any state’s voting laws, provided that state had a history of discrimination against African-Americans.

Section 5 is known as the Pre-Clearance Section, which provides that any state or political subdivision thereof meeting the criteria set forth in Sections 4(a)-(b), must have any changes to its voting laws reviewed by a federal court to make sure that such changes do not discriminate outright on account of race or have the effect of doing so. Section 5 was not invalidated, but Section 4 was. Section 4 is the section which establishes the “Pre-Clearance Formula” to determine which state or subdivision thereof comes under the jurisdiction of Section 5. In other words, Section 4 contained the legislative formula to determine which jurisdictions must get “preclearance” from the federal government to change their voting laws—a procedure mandated by Section 5 of the Act. Without Section 4, Section 5 has no effect, since no states or jurisdictions are subject to the preclearance mandate. (The formula hadn’t been updated by Congress since 1975 and so a majority of the Court struck down Section 4 because the formula was far too outdated to pass constitutional muster.)

Note, however, that the Court in Shelby decided to exempt Section 5 from scrutiny, thereby leaving an opening for Congress to enact a new formula that “identifies those jurisdictions to be singled out on a basis that makes sense in light of the current conditions.”

I should go into the Shelby decision a little further since the 2016 4th Circuit opinion striking down the 2013 NC Voter ID law touches on it and also because Rev. Spearman is under the impression that the 15th Amendment and Voting Rights Act go hand-in-hand as perpetual law. He believes that the constraints imposed by the Voting Rights Act extend, and should rightly so, into perpetuity. He is under the impression that there is a continual struggle between whites and blacks and that whites will always find ways to disenfranchise blacks to minimize their standing in society. But that just isn’t so.

The following is taken right from the Opinion:  (https://www.law.cornell.edu/supremecourt/text/12-96 )

FACTS & HISTORY:  The Voting Rights Act of 1965 was enacted to address entrenched racial discrimination in voting, “an insidious and pervasive evil which had been perpetuated in certain parts of our country through unremitting and ingenious defiance of the Constitution.” South Carolina v. Katzenbach (1966).  Section 2 of the Act, which bans any “standard, practice, or procedure” that “results in a denial or abridgement of the right of any citizen . . . to vote on account of race or color,” 42 U. S. C. §1973(a), applies nationwide, is permanent, and is not at issue in this case. Other sections apply only to some parts of the country. Section 4 of the Act provides the “coverage formula,” defining the “covered jurisdictions” as States or political subdivisions that maintained tests or devices as prerequisites to voting, and had low voter registration or turnout, in the 1960s and early 1970s. §1973b(b). In those covered jurisdictions, §5 of the Act provides that no change in voting procedures can take effect until approved by specified federal authorities in Washington, D. C. §1973c(a). Such approval is known as “preclearance.”

The coverage formula and preclearance requirement were initially set to expire after five years, but the Act has been reauthorized several times. In 2006, the Act was reauthorized for an additional 25 years, but the coverage formula was not changed. Coverage still turned on whether a jurisdiction had a voting test in the 1960s or 1970s, and had low voter registration or turnout at that time. Shortly after the 2006 reauthorization, a Texas utility district sought to bail out from the Act’s coverage and, in the alternative, challenged the Act’s constitutionality. This Court resolved the challenge on statutory grounds, but expressed serious doubts about the Act’s continued constitutionality. See Northwest Austin Municipal Util. Dist. No. One v. Holder (2009).

Petitioner Shelby County, in the covered jurisdiction of Alabama, sued the Attorney General in Federal District Court in Washington, D. C., seeking a declaratory judgment that sections 4(b) and 5 are facially unconstitutional, as well as a permanent injunction against their enforcement. The District Court upheld the Act, finding that the evidence before Congress in 2006 was sufficient to justify reauthorizing §5 and continuing §4(b)’s coverage formula. The D. C. Circuit affirmed. After surveying the evidence in the record, that court accepted Congress’s conclusion that §2 litigation remained inadequate in the covered jurisdictions to protect the rights of minority voters, that §5 was therefore still necessary, and that the coverage formula continued to pass constitutional muster.

OPINION & REASONING:  The majority opinion was delivered by Chief Justice John Roberts joined by Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, and Samuel Alito.  The Court held that Section 4(b) of the Voting Rights Act is unconstitutional, that its formula can no longer be used as a basis for subjecting states and political subdivisions to preclearance. The majority concluded that Section 4(b) exceeded Congress’s power to enforce the 14th and 15th Amendments, reasoning that the coverage formula conflicts with the constitutional principles of federalism and “equal sovereignty of the states” because the disparate treatment of the states is “based on 40 year-old facts having no logical relationship to the present day” and thus is not responsive to current needs. The Court expressed that Congress cannot subject a state to preclearance based simply on past discrimination. The opinion reads:

In Northwest Austin, this Court noted that the Voting Rights Act “imposes current burdens and must be justified by current needs” and concluded that “a departure from the fundamental principle of equal sovereignty requires a showing that a statute’s disparate geographic coverage is sufficiently related to the problem that it targets.” It is this basic principle of sovereignty and also this principle of “burden v. necessity” that guide the Court in addressing the issue presented – in reviewing the constitutionality of Sections 4 and 5 of the Voting Rights Act.

(1)  State legislation may not contravene federal law. States retain broad autonomy, however, in structuring their governments and pursuing legislative objectives. Indeed, the Tenth Amendment reserves to the States all powers not specifically granted to the Federal Government, including “the power to regulate elections.” Gregory v. Ashcroft (1991). There is also a “fundamental principle of equal sovereignty” among the States, which is highly pertinent in assessing disparate treatment of States. See Northwest Austin. The Voting Rights Act sharply departs from these basic principles. It requires States to beseech the Federal Government for permission to implement laws that they would otherwise have the right to enact and execute on their own. And despite the tradition of equal sovereignty, the Act applies to only nine States (and additional counties). That is why, in 1966 (in Katzenbach), this Court described the Act as “stringent” and “potent.” The Court nonetheless upheld the Act, concluding that such an “uncommon exercise of congressional power” could be justified by “exceptional conditions.”

(2)  In 1966, these departures were justified by the “blight of racial discrimination in voting” that had “infected the electoral process in parts of our country for nearly a century” [Katzenbach]. At the time, the coverage formula – the means of linking the exercise of the unprecedented authority with the problem that warranted it – made sense. The Act was limited to areas where Congress found “evidence of actual voting discrimination,” and the covered jurisdictions shared two characteristics: “the use of tests and devices for voter registration, and a voting rate in the 1964 presidential election at least 12 points below the national average.” The Court explained that “tests and devices are relevant to voting discrimination because of their long history as a tool for perpetrating the evil; a low voting rate is pertinent for the obvious reason that widespread disenfranchisement must inevitably affect the number of actual voters.” [Ibid]  The Court therefore concluded that “the coverage formula was rational in both practice and theory.” [Ibid]

(3)  Nearly 50 years later, things have changed dramatically. While any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions. Largely because of the Voting Rights Act, “voter turnout and registration rates” in covered jurisdictions “now approach parity. Blatantly discriminatory evasions of federal decrees are rare. And minority candidates hold office at unprecedented levels.”  See Northwest Austin. The tests and devices that blocked ballot access have been forbidden nationwide for over 40 years. Yet the Act has not eased §5’s restrictions or narrowed the scope of §4’s coverage formula along the way. Instead those extraordinary and unprecedented features have been reauthorized as if nothing has changed, and they have grown even stronger. Because §5 applies only to those jurisdictions singled out by §4, the Court turns to consider that provision.

Later in the opinion, Chief Justice Roberts wrote:

A statute’s “current burdens” must be justified by “current needs,” and any “disparate geographic coverage” must be “sufficiently related to the problem that it targets.” The coverage formula met that test in 1965, but no longer does so.

Coverage today is based on decades-old data and eradicated practices. The formula captures States by reference to literacy tests and low voter registration and turnout in the 1960s and early 1970s. But such tests have been banned nationwide for over 40 years. And voter registration and turnout numbers in the covered States have risen dramatically in the years since. Racial disparity in those numbers was compelling evidence justifying the preclearance remedy and the coverage formula. There is no longer such a disparity…..  The nation is no longer divided along racial lines, yet the Voting Rights Act continues to treat it as if it were.

…..  the Fifteenth Amendment commands that the right to vote shall not be denied or abridged on account of race or color, and it gives Congress the power to enforce that command. The Amendment is not designed to punish for the past; its purpose is to ensure a better future.

In light of the outdated formula, in light of the fact that at one time (1966), the formula was “rational in both practice and theory” (preclearance was a “tailored remedy” under the circumstances) but that times have dramatically changed, and in light of the undue burden it placed on certain states in violation of the Tenth Amendment, the Supreme Court concluded that Section 4’s formula is unconstitutional in light of current conditions.

Taking to heart the opinion’s explanation that times have “changed dramatically,” ask yourself a question: Referring to the black women I wrote about much earlier, who had attempted to vote at least three times on a single day in North Carolina, with the poll officials purposely not saying anything about it or turning her in – Does anyone think that such a thing could have ever happened in pre-Civil Rights era America? Does anyone even think such a thing could have happened in 1965?  Absolutely not. That instance shows just how much times have changed and how far behind us we’ve put racial discrimination at the ballot box.

Again, note that Justice Roberts opted to strike down only the formula in Section 4 that determined which jurisdictions would be subject to the preclearance requirements. The Court declined to address the constitutionality of Section 5 (invoking the doctrine of “constitutional avoidance,” which says that a federal court should refuse to rule on a constitutional issue if the case can be resolved on a non-constitutional basis), although it also was challenged by Shelby County, Alabama, thus leaving it in place for Congress, should it ever wish to enact an updated “formula.”  (Giving Congress the chance to address or update Section 5 was the “chance to resolve the issue on a non-constitutional basis”).

As Justice Antonin Scalia said during oral arguments: “Congress reauthorized Section 5 (in 2006) not because the legislation was necessary, but because it constituted a ‘racial entitlement’ that Congress was unlikely to end.”

The important thing to know is that as it stands now, Section 5 has been rendered useless by the decision in Shelby because the provision that gives it force (Section 4) has been struck down as unconstitutional. And because Section 5 is rendered useless, the Voting Rights Act no longer demands and requires federal court review and approval of any changes to North Carolina’s voting laws. (Same for any other southern state previously identified by the law’s “preclearance” provision)

D.  Latest Draft of a NC Photo-Voter ID bill (S.824):

PART I:  IMPLEMENTATION OF THE CONSTITUTIONAL REQUIREMENT REQUIRING PHOTOGRAPHIC IDENTIFICATION TO VOTE

SECTION 1.1(a)  Article 17 of Chapter 163A of the General Statutes is amended by adding a new section to read:

“§ 163A-869.1.  Voter Photo Identification Cards.

(a) The county board of elections shall, in accordance with this section, issue without charge voter photo identification cards upon request to registered voters. The voter photo identification cards shall contain a photograph of the voter and the registration number for that voter. The voter photo identification card shall be used for voting purposes only, and shall expire ten years from the date of issuance.

(b) The State Board shall make available to county board of elections the equipment necessary to print voter photo identification cards. The county board of elections shall operate and maintain the equipment necessary to print voter photo identification cards.

(c)  County boards of elections shall maintain a secure database containing the photographs of registered voters taken for the purpose of issuing voter photo identification cards.

(d)  The State Board shall adopt rules to ensure at a minimum, but not limited to, the following:

(1) A registered voter seeking to obtain a voter photo identification card shall provide the voter’s date of birth and the last four digits of the voter’s social security number.

(2) Voter photo identification cards shall be issued at any time, except during the time period between the end of the voter registration deadline for a primary or election as provided in G.S. 163A-865 and election day for each primary and election.

(3) If the registered voter loses or defaces the voter’s photo identification card, the voter may obtain a duplicate card without charge from his or her county board of registration upon request in person, or by telephone, or mail.

(e) Ninety days prior to expiration, the county board of elections shall notify any voter issued a voter photographic identification card under this section of the impending expiration of the voter photographic identification card.”

SECTION 1.2(a)  Article 20 of Chapter 163A of the General Statutes is amended by adding a new section to read:

“§ 163A-1145.1.  Requirement for Photo Identification to Vote in Person.

(a).  Photo Identification Required to Vote. – When a voter presents to vote in person, the voter shall produce any of the following forms of identification that contain a photograph of the voter:

(1)  Any of the following that is valid and unexpired, or has been expired for one year or less::

  1. A North Carolina drivers license.
  2. A special identification card for nonoperators issued under G.S. 20-37.7 or other form of non-temporary identification issued by the Division of Motor Vehicles of the Department of Transportation.
  3. A United States passport.
  4. A North Carolina voter photo identification card of the voter issued pursuant to G.S. 163A-869.1.
  5. A valid and current tribal enrollment card issued by a federally recognized tribe.
  6. A valid and current tribal enrollment card issued by a tribe recognized by this State under Chapter 71A of the General Statutes, provided that card meets all of the following criteria:

(i). Is issued in accordance with a process approved by the State Board that requires an application and proof of identity equivalent to the requirements for issuance of a special identification card by the Division of Motor Vehicles of the Department of Transportation.

(ii). Is signed by an elected official of the tribe.

  1. A student identification card issued by a constituent institution of the University of North Carolina, a community college, as defined in G.S. 115D-2(2), or eligible private postsecondary institution as defined in G.S. 116-280(3), provided that card is issued in accordance with G.S. 163A-1145.2.
  2. An employee identification card issued by a state or local government entity, including a charter school, provided that card is issued in accordance with G.S. 163A-1145.3.
  3. A drivers license or special identification card for nonoperators issued by another state, the District of Columbia, or a territory or commonwealth of the United States, but only if the voter’s voter registration was within 90 days of the election.

(2)  Any of the following, regardless of whether the identification contains a printed expiration or issuance date:

  1. A military identification card issued by the United States government.
  2. A Veterans Identification Card issued by the United States Department of Veterans Affairs for use at Veterans Administration medical facilities.

(3)  Any expired form of identification allowed in this subsection presented by a voter having attained the age of 65 years at the time of presentation at the voting place, provided that the identification was unexpired on the voter’s sixty-fifth birthday.

(b). Verification of Photo Identification. – After presentation of the required identification described in subsection (a) of this section, the precinct officials assigned to check registration shall compare the photograph contained on the required identification with the person presenting to vote. The precinct official shall verify that the photograph is that of the person seeking to vote. If the precinct official disputes that the photograph contained on the required identification is the person presenting to vote, a challenge shall be conducted in accordance with the procedures of G.S. 163A-914.

(c)  Provisional Ballot Required Without Photo Identification. – If the registered voter cannot produce the identification as required in subsection (a) of this section, the voter may cast a provisional ballot that is counted only if the voter brings a valid and current photo identification to the county board of elections no later than the end of business on the business day prior to the canvass by the county board of elections as provided in G.S. 163A-1172.

(d)  Exceptions. – The following exceptions are provided for a voter who does not produce a valid and current photograph identification as required above:

(1) Religious Objection. – If a voter does not produce a valid and current photograph identification due to a religious objection to being photographed, the voter may complete an affidavit under penalty of perjury at the voting place and affirm that the voter: (i) is the same individual who personally appears at the voting place; (ii) will cast the provisional ballot while voting in person; and (iii) has a religious objection to being photographed. Upon completion of the affidavit, the voter may cast a provisional ballot.

(2) Reasonable Impediment. – If a voter does not produce a valid and current photograph identification because the voter suffers from a reasonable impediment that prevents the voter from obtaining photograph identification,

the voter may complete an affidavit under the penalty of perjury at the voting place and affirm that the voter: (i) is the same individual who personally appears at the voting place; (ii) will cast the provisional ballot while voting in person; and (iii) suffers from a reasonable impediment that prevents the voter from presenting photograph identification. The voter also shall complete a reasonable impediment declaration form provided in subsection (d1) of this section, unless otherwise prohibited by state or federal law. Upon completion of the affidavit, the voter may cast a provisional ballot.

(3) Natural Disaster. – If a voter does not produce an acceptable form of photograph identification due to being a victim of a natural disaster occurring within 100 days before election day that resulted in a disaster declaration by the President of the United States and the Governor of this State, the voter may complete an affidavit under penalty of perjury at the voting place and affirm that the voter: (i) is the same individual who personally appears at the voting place; (ii) will cast the provisional ballot while voting in person; and (iii) was a victim of a natural disaster occurring within 100 days before election day that resulted in a disaster declaration by the President of the United States and the Governor of this State. Upon completion of the affidavit, the voter may cast a provisional ballot.

(d1) Reasonable Impediment Declaration Form. – The State Board shall adopt a Reasonable Impediment Declaration form that, at a minimum, includes the following as separate boxes that a voter may check to identify the voter’s reasonable impediment:

(1)  Inability to obtain photo identification due to:

  1. Lack of transportation.
  2. Disability or illness.
  3. Lack of birth certificate or other underlying documents required.
  4. Work schedule.
  5. Family responsibilities.

(2)  Lost or stolen photo identification

(3)  Photo identification applied for but not yet received by the voter voting in person.

(4)  Other reasonable impediment. If the voter checks the “other reasonable impediment” box, a further brief written identification of the reasonable impediment shall be required, including the option to indicate that State or federal law prohibits listing the impediment.

(e)  County Board Review of Exceptions. – If the county board of elections determines that the voter voted a provisional ballot only due to the inability to provide proof of identification and the required affidavit required in subsection (d) of this section is submitted, the county board of elections shall find that the provisional ballot is valid unless the county board has grounds to believe the affidavit is false.

(f)  Purpose. The purpose of the identification required is to confirm the person presenting to vote is the voter on the voter registration records. Any address listed on the identification is not determinative of a voter’s residence for the purpose of voting. A voter’s residence for the purpose of voting is determined pursuant to G.S. 163A-842.

SECTION 1.2(b)  Article 20 of Chapter 163A of the General Statutes is amended by adding a new section to read:

“§ 163A-1145.2.  Approval of Student Identification Cards for Voting Identification.

(a) The State Board shall approve the use of student identification cards issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D-2(2), or eligible private postsecondary institution as defined in G.S. 116-280(3) for voting identification under G.S. 163A-1145.1 if the following criteria are met:

(1) The chancellor, president, or registrar of the university or college submits a signed letter to the Executive Director of the State Board under penalty of perjury that the following are true:

  1. The identification cards that are issued by the university or college contain photographs of students taken by the university or college or its agents or contractors.
  2. The identification cards are issued after an enrollment process that includes methods of confirming the identity of the student that include, but are not limited to, the social security number, citizenship status, and birthdate of the student.
  3. The equipment for producing the identification cards is kept in a secure location.
  4. Misuse of the equipment for producing the identification cards would be grounds for student discipline or termination of an employee.
  5. University or college officials would report any misuse of student identification card equipment to law enforcement if G.S. 163A-1389(19) was potentially violated.
  6. The cards issued by the university or college contain a date of expiration, effective January 1, 2021.
  7. The university or college provides copies of standard identification cards to the State Board to assist with training purposes.

(2) The university or college complies with any other reasonable security measures determined by the State Board to be necessary for the protection and security of the student identification process.

(b) The State Board shall approve the use of student identification cards issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D-2(2), or eligible private postsecondary institution as defined in G.S. 116-280(3) every four years.

(c) The State Board shall produce a list of participating universities and colleges every four years. The list shall be published on the State Board’s Web site and distributed to every county board of elections.”

SECTION 1.2(c)  Article 20 of Chapter 163A of the General Statutes is amended by adding a new section to read:

“§ 163A-1145.3.  Approval of Employee Identification Cards for Voting Identification.

(a) The State Board shall approve the use of employee identification card issued by a state or local government entity, including a charter school, for voting identification under G.S. 163A-1145.1 if the following criteria are met:

(1) The head elected official or lead human resources employee of the state or local government entity or charter school submits a signed letter to the Executive Director of the State Board under penalty of perjury that the following are true:

  1. The identification cards that are issued by the state or local government entity contain photographs of the employees taken by the employing entity or its agents or contractors.
  2. The identification cards are issued after an employment application process that includes methods of confirming the identity of the employee that include, but are not limited to, the social security number, citizenship status, and birthdate of the employee.
  3. The equipment for producing the identification cards is kept in a secure location.
  4. Misuse of the equipment for producing the identification cards would be grounds for termination of an employee.
  5. State or local officials would report any misuse of identification card equipment to law enforcement if G.S. 163A-1389(19) was potentially violated.
  6. The cards issued by the state or local government entity contain a date of expiration, effective January 1, 2021.
  7. The state or local government entity provides copies of standard identification cards to the State Board to assist with training purposes.

(2) The state or local government entity complies with any other reasonable security measures determined by the State Board to be necessary for the protection and security of the employee identification process.

(b) The State Board shall approve the use of employee identification cards issued by a state or local government entity, including a charter school, every four years.

(c) The State Board shall produce a list of participating employing entities every four years. The list shall be published on the State Board’s Web site and distributed to every county board of elections.

SECTION 1.2(d)  Notwithstanding G.S. 163A-1145.1, 163A-1145.2, and 163A-1145.3, the State Board shall approve (i) tribal enrollment cards issued by a tribe recognized by this State under Chapter 71A of the General Statutes; (ii) student identification cards issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D-2(2), or eligible private postsecondary institution as defined in G.S. 116-280(3); and (iii) employee identification cards issued by a state or local government entity, including a charter school, for use as voting identification under G.S. 163A-1145.1 no later than March 15, 2019, for use in primaries and elections held in 2019 and 2020, and again no later than May 15, 2021, for elections held on or after that date. The State Board shall adopt temporary rules on reasonable security measures for use of student or employee identification cards for voting identification in G.S. 163A-1145.2 and G.S. 163A-1145.3 no later than February 1, 2019. The State Board shall adopt permanent rules on reasonable security measures for use of student or employee identification cards for voting identification in G.S. 163A-1145.2 and G.S. 163A-1145.3 no later than May 15, 2021. The State Board shall produce the initial list of participating institutions and employing entities no later than April 1, 2019.

SECTION 1.2(e)  Notwithstanding G.S. 163A-1145.1, 163A-1145.2, and 163A-1145.3, a student identification card issued by a constituent institution of The University of North Carolina, a community college, as defined in G.S. 115D-2(2), or eligible private postsecondary institution as defined in G.S. 116-280(3) or an employee identification card issued by state or local government entity that does not contain an expiration date shall be eligible for use in any election held before January 1, 2021. 9

SECTION 1.2(f)  Notwithstanding G.S. 163A-1145.1(d)(2), for elections held in 2019, any voter who does not present a photograph identification listed as acceptable in G.S. 163A-1145.1(a) when presenting to vote in person shall be allowed to complete a reasonable impediment affidavit and cast a provisional ballot, listing as the impediment not being aware of the requirement to present photograph identification when voting in person or failing to bring photograph identification to the voting place.

***  Language and sections highlighted in bold are the revisions to the original draft proposed by lawmakers just prior to the start of the special lame-duck session of the NC General Assembly.

[Source:  The draft bill (S.824) –  https://www.ncleg.net/Sessions/2017/Bills/Senate/PDF/S824v2.pdf

The changes made to the original draft Voter ID bill (v. 09) which gave rise to S.824 are listed in more plain terms below:

(a) SECTION 1.1(a) adds a new section to § 163A-869: Voter Photo Identification Cards – requiring county boards of election to maintain a secure database containing the photographs of registered voters taken for the purpose of issuing voter photo identification cards.

(b) SECTION 1.2(a) broadens the section in § 163A-1145.1: Requirement for Photo Identification to Vote in Person which lists Student ID cards as an acceptable form of photo identification. In the prior version of the bill, the only acceptable student ID cards were those issued by any of the 17 schools belonging to the UNC University system.

(c) SECTION 1.1(b) adds a new section to § 163A-869: Voter Photo Identification Cards – adding Employment Identification cards as an acceptable form of photo identification.

(d) SECTION 1.1(b) adds additional language to the section (“Exceptions – Reasonable Impediment”) in § 163A-869: Voter Photo Identification Cards. It further includes Section (dl) which requires that a voter claiming a Reasonable Impediment to fill out a Reasonable Impediment Declaration Form.

(e) SECTION 1.1(b) adds a new subsection to § 163A-869: Voter Photo Identification Cards – to section “Exceptions.” The new exception is “Natural Disaster.”

(f) All the sections after that – Sections 1.2 (c) – 1.2 (f) – are newly-added; that is, they are new to S.824.

E.  The Opinion of the Supreme Court, Crawford v. Marion County Board of Elections (2008) – upholding the constitutionality of a strict photo ID type voter ID law

In 2005, Indiana passed a strict Voter ID law.  It was the most restrictive voter law at the time. The Indiana statute required citizens voting in person on election day, or casting a ballot in person at the office of the circuit court clerk prior to election day, to present photo identification issued by the government.

Under the law, voters MUST have a specific form of ID in order to vote. The ID must be issued by the state of Indiana or the U.S. government and must show the following:

  • Name of individual to whom it was issued, which must conform to the individual’s registration record
  • Photo of the person to whom it was issued
  • Expiration date (if it is expired, it must have an expiration date after the most recent general election; military IDs are exempted from the requirement that ID bear an expiration date)

Voters in Indiana who are unable to or decline to produce such an identification may vote a provisional ballot. The ballot is counted only if: (1) the voter returns to the election board by noon on the Monday after the election and: (A) produces proof of identification; or (B) executes an affidavit stating that the voter cannot obtain proof of identification, because the voter: (i) is indigent; or (ii) has a religious objection to being photographed; and (2) the voter has not been challenged or required to vote a provisional ballot for any other reason.  [Indiana statute §3-5-2-40.5, 3-10-1-7.2 and 3-11-8-25.1]

The strict photo identification requirement was challenged as being an unreasonable burden on the right to vote and that challenge made its way to the Supreme Court in 2008.  [Crawford v. Marion County Election Board, (2008)].  Civil rights groups (including ACORN), the Women’s League of Voters, and other groups filed amici briefs challenging the constitutionality of the ID requirement.  After concluding that no voter would conceivably be precluded from voting under the law, the Supreme Court upheld the constitutionality of the photo ID requirement, finding it closely related to Indiana’s legitimate state interest in preventing voter fraud, modernizing elections, and safeguarding voter confidence.

Justice John Paul Stevens, who wrote the majority opinion, stated that the burdens placed on voters are limited to a small percentage of the population and were offset by the state’s interest in reducing fraud. He opined: “Because Indiana’s cards are free, the inconvenience of going to the Bureau of Motor Vehicles, gathering required documents, and posing for a photograph does not qualify as a substantial burden on most voters’ right to vote, or represent a significant increase over the usual burdens of voting. The severity of the somewhat heavier burden that may be placed on a limited number of persons—e.g., elderly persons born out-of-state, who may have difficulty obtaining a birth certificate—is mitigated by the fact that eligible voters without photo identification may cast provisional ballots that will be counted if they execute the required affidavit at the circuit court clerk’s office. Even assuming that the burden may not be justified as to a few voters, that conclusion is by no means sufficient to establish petitioners’ right to the relief they seek.”

He concluded:

      “In sum, on the basis of the record that has been made in this litigation, we cannot conclude that the statute imposes “excessively burdensome requirements” on any class of voters. A facial challenge must fail where the statute has a ‘plainly legitimate sweep.’ When we consider only the statute’s broad application to all Indiana voters we conclude that it imposes only a limited burden on voters’ rights. The precise interests advanced by the State are therefore sufficient to defeat petitioners’ facial challenge.

      Finally we note that petitioners have not demonstrated that the proper remedy – even assuming an unjustified burden on some voters – would be to invalidate the entire statute. When evaluating a neutral, nondiscriminatory regulation of voting procedure, we must keep in mind that a ruling of unconstitutionality frustrates the intent of the elected representatives of the people.”

Justice Scalia wrote separately in a concurring opinion: “The law should be upheld because the overall burden is minimal and justified.”  He went on to state that the Supreme Court should defer to state and local legislators and that the Supreme Court should not get involved in local election law cases, which would do nothing but encourage more litigation. “It is for state legislatures to weigh the costs and benefits of possible changes to their election codes, and their judgment must prevail unless it imposes a severe and unjustified overall burden upon the right to vote, or is intended to disadvantage a particular class,” he wrote.

Finally, he concluded: “The universally applicable requirements of Indiana’s voter-identification law are eminently reasonable. The burden of acquiring, possessing, and showing a free photo identification is simply not severe, because it does not “even represent a significant increase over the usual burdens of voting.”  And the State’s interests are sufficient to sustain that minimal burden. That should end the matter.”

In addition to the challenge that the strict ID requirement was an unreasonable burden on the right to vote, civil rights groups alleged that the requirement benefitted Republicans and harmed Democrats at the ballot box (because Democrats include more poor people and minorities).  Justice Stevens, joined by Justices Scalia and Kennedy, disregarded that argument and wrote: “The justifications for the law should not be disregarded simply because partisan interests may have provided one motivation for the votes of individual legislators.”

What exactly does the Indiana Voter ID law require of each voter when he or she shows up to vote?  This is important because according to the Supreme Court, the ID requirement is NOT an unreasonable limitation on the right to vote.  The Supreme Court did not say it was not an unreasonable limitation on the right to vote for a WHITE person.  The Court held that the limitation was not an unreasonable limitation on any person’s right to vote.

F.  The Opinion of the 4th Circuit, North Carolina NAACP v. Pat McCrory (2016) – striking down the 2013 NC Voter ID Law

Reverend Spearman points to the opinion of the leftist 4th Circuit as proof that North Carolina’s 2013 Voter ID law was intentionally racist and racially-motivated, that the NC General Assembly is a racist government body, and that any law enacted in North Carolina to regulate voting (particularly to address potential fraud and integrity concerns) is nothing more than an intentional scheme to continue the historical repression of black votes. He points to the language of the opinion, which just happens to sing his favorite tune. The language also happens to be horribly offensive and I submit, legally dishonest.

But first let’s look at the judicial history:  The day the NC Voter ID law was passed (SL 2013-381).

On August 12, 2013, the NC General Assembly, with the signature of Governor Pat McCrory, enacted the first NC Voter ID law [Carolina Session Law 2013-381, or “SL 2013-381”], which made a number of changes to North Carolina’s voting laws.  All the changes were to take effect immediately except for the voter photo ID requirement, which would not be effective until January 1, 2016.  That same day, the NC NAACP joined several groups in suing to overturn several provisions – provisions they alleged as being racially motivated: the photo-ID requirement, elimination of same-day registration (“SDR”), elimination of the first week of early voting (shortening the total early voting period from seventeen to ten days), elimination of one of the two “souls-to-the-polls” Sunday voting days (which allow churches to provide transportation to voters), prohibition on counting out-of-precinct (“OOP”) provisional ballots, elimination of mandatory pre-registration of sixteen-year-olds (when they attend mandatory high school driver’s education or go to the DMV to obtain a drivers license), and expansion of poll observers and ballot challenges.

Trial was set for July 13, 2015.  On June 18, 2015, the NC General Assembly passed House Bill 836, and on June 22, 2015, the Governor signed it into law as North Carolina Session Law 2015-103 (“SL 2015-103”). The law relaxed the photo-ID requirement created by SL 2013-381 by providing an additional exception that permits individuals to vote without a photo ID so long as they sign a “reasonable impediment” affidavit. Beginning July 13, 2015, the district court held a trial on the merits of all claims except those challenging the merits of the photo-ID provision, but then the NC NAACP and other plaintiffs sought to also ask the court for an injunction preventing the implementation of the “watered-down” photo ID requirement (as amended, or “watered down” by the “reasonable impediment” provision). In all, the NC NAACP sought a preliminary injunction against the challenged changes to existing voting laws and a preliminary injunction only as to the “soft roll-out” of the photo ID requirement.”  The district court denied the injunctions, concluding that the plaintiffs did not make a strong enough showing that they would succeed on the merits of their case. The court held that the NC General Assembly did not act with discriminatory intent in enacting its Voter ID omnibus bill and deferred to its wisdom and intent in drafting and passing the law.

The case was then appealed to the 4th Circuit Court of Appeals, which reversed the opinion of the District Court. The opinion was written by Judge Motz.

The 4th Circuit 3-judge panel noted that all of the voting tools restricted or eliminated by the bill were ones that African-Americans disproportionately used. Furthermore, according to the court, the photo ID requirement imposed a hardship on African-American as they disproportionately lacked them.  [Note again that the legislature had amended the bill, in 2015 (version SL 2013-103) before its trial date to include other forms of identification that African-Americans would likely possess, as well as to include a provision providing that if a person could not produce a photo ID, a one free of charge would be provided by the county, but the 4th Circuit ignored that]. Essentially, the 4th Circuit concluded that the NC state legislature acted with discriminatory intent in enacting the 2013 Voter ID bill because it restricted voting mechanisms and procedures that most heavily affect blacks.

The opinion began:

“During the period in which North Carolina jurisdictions were covered by Section 5 of the Voting Rights Act (preclearance of any voting laws with the US Justice Department), African-American electoral participation dramatically improved.  In particular, between 2000 and 2012, when the law provided for the voting mechanisms at issue here (ie, early voting, Sunday voting, same-day voting, provisional voting) and did not require photo ID, African-American voter registration swelled by 51.1% – as compared to an increase of only 15.8% for white voters.  African-American turnout similarly surged, from 41.9% in 2000 to 71.5% in 2008 and 68.5% in 2012.”

[The 4th Circuit incorrectly credited North Carolina’s very relaxed voting laws with the African-American voter turn-out when the truth is that the turn out was exceptionally high, in relation to white voter turn-out,] because for the first time in our country’s history, an African-American was running for president. The African-American community couldn’t be more energized!]

The opinion continued:

“After years of preclearance and expansion of voting access, by 2013 African-American registration and turnout rates had finally reached near-parity with white registration and turnout rates. African-Americans were poised to act as a major electoral force.”

The judges concluded that the sole purpose of the Voter ID law was to prevent that from happening.

In late June 2013, the Supreme Court issued its opinion in Shelby County v. Holder, a case that held enormous implications for North Carolina.  In it, the Court invalidated Section 4(b) of the Voting Rights Act, which provided the preclearance coverage formula to be used by the federal government when assessing a change to a state voting law under Section 5.  The government reviews changes to state voting laws under the Voting Rights Act one of two ways: either in an administrative review by the Attorney General, or in court, in the US District Court for the District of Columbia. The Supreme Court in Shelby found that Section 4 was unconstitutional as an undue burden on the States’ inherent sovereign powers under the Tenth Amendment because it continued to rely on greatly outdated data which had no place in our current times. finding it based on outdated data. [The Shelby v. Holder case was addressed in detail earlier). Consequently, as of that date (late June 2013), North Carolina no longer needed to preclear changes to its election laws. It was no longer under the historic presumption that any changes to election laws would be an intentional scheme to  disenfranchise African-American voters. North Carolina was free from the taint of its discriminatory past.

Up until that decision, the NC legislature had been working on a Voter ID bill. Voters were getting very impatient, but the legislators assured their constituents that a good, legally-sound bill would take time; it needed to be reviewed and re-reviewed by lawyers in order to make sure it would be “challenge-proof. When the Shelby decision came out, the legislature decided to enlarge the Voter ID bill into an omnibus bill, seeking several changes to what was without a doubt, an extensive early voting period. That bill would become Session Law (“SL”) 2013-381, which we all knew as the 2013 NC Voter ID bill.

Noting that the Shelby opinion came out just as blacks had become energized to vote and as the NC legislature was putting its Voter ID in final form, the 4th Circuit concluded that is when the so-called “racist” republicans (the court’s view) hatched their diabolical discriminatory scheme to disenfranchise black voters.

The opinion read:

“But, on the day after the Supreme Court issued Shelby County v. Holder, eliminating preclearance obligations, a leader of the party that newly dominated the legislature (and the party that rarely enjoyed African American support) announced an intention to enact what he characterized as an “omnibus” election law.  Before enacting that law, the legislature requested data on the use, by race, of a number of voting practices used in North Carolina.  Upon receipt of the race data, the General Assembly enacted legislation that restricted voting and registration in five different ways, all of which disproportionately affected African Americans.”

The court continued: “In response to claims that intentional racial discrimination animated its action, the State offered only meager justifications.”  I bring this particular statement up because of several reasons:

(1)  The justifications were sufficient for the district court. As a court is supposed to do, it defers judgement and wisdom to the legislative branch when reviewing a law, being careful not to substitute its judgement.

(2)  The court mocked the “justifications” offered by the NC legislature, namely voter fraud and potential for voter fraud, claiming the law was passed to “impose cures for problems that did not exist.”

(3)  Evidence of voter fraud was not allowed at the trial court (the District Court). I asked Jay Delancy of the Voter Integrity Project, the most reputable group addressing NC voter fraud, the group which has investigated and uncovered verified cases of actual voter fraud, voter fraud schemes, evidence of possible organized criminality in voter and election fraud, and serious potential opportunities for fraud, if he had been asked to give testimony, he told me that he was not allowed to.  It is important to note that the Circuit Courts are appeals courts and so it does not hear any testimony. It just reviews the record sent up from the District Court. If the District Court has no evidence (or allowed no evidence) of voter or election fraud, then the Circuit Court cannot assess the credibility of the issue and hence its justification for the Voter ID omnibus bill.

(4)  Consequently, the court lacks the foundation and knowledge to state that “the asserted justifications cannot and do not conceal the State’s true motivation…..  which is intentional discrimination.”

“The new provisions target African Americans with almost surgical precision….  And this bears the mark of intentional discrimination,” wrote the court.

In reaching its conclusion that the NC General Assembly “enacted the challenged provisions of the law with discriminatory intent,” the 4th Circuit pointed to what it called a “smoking gun.” As mentioned earlier, prior to the enactment of SL 2013-381, the legislature requested and received data as to the racial breakdown of usage of each of the early voting tools and practices that it was seeking to amend. The data was requested and collected in order to help enlighten and guide the General Assembly in its task to amend the state’s voting laws. The goal, as it had always been, was to address actual and potential voter fraud (and election fraud), and to remove and minimize such opportunities. The district court concluded as such but the 4th Circuit could only think in terms of race.

That “smoking gun,” by the way, had nothing to do with any requirement to show a photo ID to vote since that provision was a brand new provision and had not yet been in effect for any election; hence, it could not be evaluated. The “photo ID” requirement was actually a voter initiative. Voters were demanding it of their candidates and then when elected, of their representatives. Since only conservatives believe in voter integrity, it made sense that it became a priority when Republicans finally took control of the state government.

The 4th Circuit looked at the data the legislature collected and the changes it made to the state’s voting laws and concluded that according to the data, every change made was one that disproportionately affected African-Americans. Each of the voting tools and practices eliminated or restricted were ones that African-Americans disproportionately took advantage of.  They apparently take advantage of the first 7 days of early voting, their churches use the souls-to-the-polls Sundays, they take advantage of same-day voting and same-day registration, they, for some reason, are responsible for a disproportionate amount of the out-of-precinct voting (“of those registered voters who happened to vote provisional ballots outside their resident precinct, a disproportionately high percentage were African American”), and apparently, they disproportionately benefit from pre-registration (I don’t know how there can be any racial preference here at all). As the opinion read:

“In response to claims that intentional racial discrimination animated its action, the State offered only meager justifications. Although the new provisions target African-Americans with almost surgical precision, they constitute inapt remedies for the problems assertedly justifying them and, in fact, impose cures for problems that did not exist. Thus the asserted justifications cannot and do not conceal the State’s true motivation. ‘In essence,’ as in League of United Latin American Citizens v. Perry (2006), ‘the State took away minority voters’ opportunity because they were about to exercise it.’ This bears the mark of intentional discrimination.  Faced with this record, we can only conclude that the North Carolina General Assembly enacted the challenged provisions of the law with discriminatory intent.”

Furthermore, it read: “The record makes obvious that the ‘problem’ the majority in the General Assembly sought to remedy was emerging support for the minority party.  Identifying and restricting the ways African-Americans vote was an easy and effective way to do so.  We therefore must conclude that race constituted a but-for cause of SL 2013-381, in violation of the Constitutional and statutory prohibitions on intentional discrimination.”

What I don’t understand is how the court concluded that a photo ID constituted intentional discrimination against African-Americans when many states already require photo ID’s to vote, including strict photo ID laws, and the law itself provides one free of charge to anyone who doesn’t have one or cannot afford one.  Furthermore, the Supreme Court held in Crawford v. Marion County (2008) that a strict photo ID requirement to vote, to prove the identity of the person seeking to cast a vote, does not constitute an undue burden at all on anyone in their exercise of the right to vote. It addressed a challenge to Indiana’s strict photo ID law and upheld it. (North Carolina’s Voter ID law was modeled after it).  There are black people in Indiana, there are poor black people in Indiana, there are elderly people there, and there are poor elderly there; yet the Supreme Court, after reviewing all the evidence and testimony given at the district court level, still concluded that requiring a photo ID as a condition to vote in person is not discriminatory and does not impose an undue burden.

The court, in its analysis,  I believe, committed several serious errors. First, it converted a privilege (a long early voting period, two Sunday voting days, same-day registration, etc) into an entitlement. Instead of looking into whether the changes would absolutely prevent any voter who really wished to vote from doing so, the court should have looked into whether blacks would likely be able to conform with the stream-lining of the voting laws. What are voters actually entitled to when it comes to early voting and opportunities to register? And what are African-Americans specifically entitled to, above and beyond what are offered to persons of other races?

Up until the end of 1990’s, voters in North Carolina were only “entitled to” one day to vote – Election Day, a Tuesday. If a voter couldn’t vote at that time, he or she could either submit an absentee ballot or forfeit the opportunity. At what point must we submit to making election increasingly more convenient, especially when apparently, only one group of voters benefits?  Remember, there are significant costs associated with early voting.

Second, despite the Supreme Court’s holding in Shelby that the DOJ and courts should no longer rely on or consider historical discrimination, the 4th Circuit did exactly that. In its opinion, it continually reminded the reader of North Carolina’s “shameful” history of “past discrimination.” In its introduction, the opinion noted: “Unquestionably, North Carolina has a long history of race discrimination generally and race-based vote suppression in particular.  Although we recognize its limited weight, see Shelby, North Carolina’s pre-1965 history of pernicious discrimination informs our inquiry. It was in the South that slavery was upheld by law until uprooted by the Civil War, that the reign of Jim Crow denied blacks the most basic freedoms, and that state and local governments worked tirelessly to disenfranchise citizens on the basis of race.”

Third, in forming it’s opinion, the 4th Circuit did something that a court is never supposed to do (under the Separation of Powers doctrine) and that was to substitute its judgment for that of the legislature. To the court, the justifications in enacting the law may not have seemed good enough. Maybe the court felt that the excessive voting tools and voting mechanisms to benefit predominantly black voters were more important than addressing voter fraud, election fraud, ensuring voter confidence in NC elections, costs, etc. But that is exactly what a court must not do – substitute its judgement for that of the legislative body responsible to its particular constituency, its taxpayers. Here are some justifications that the 4th Circuit should have considered rather than dismiss:

(a)  Early voting imposes a tremendous cost. It is a rightful exercise of the legislative body to try to keep state costs at a minimum.

(b)  Maybe the General Assembly asked for the data, broken down by race, etc, in order to streamline early voting and to streamline the voting laws in such a way that when extra days, extra procedures benefit only one race instead of everyone, then that would seem a common sense way to look at making changes.

(c)  Maybe the General Assembly had access to information related to voter fraud in the state, when it is committed, by which group of people, etc and the changes made to the voting laws were intended to minimize the potential for voter fraud and election fraud. What I do know is that certain of the voting tools and procedures originally permitted in North Carolina have been great sources of problems. Pre-registration, same-day registration, same-day voting pose great potential for abuse and voter fraud. And what I also know is that decent people of good intentions have watched for years as the democrat-controlled State Board of Election did absolutely nothing when faced with hard evidence of actual voter fraud. It refused to prosecute any of the criminals.

(d)  Perhaps the streamlining of voter laws, its voting mechanisms and voting tools, was strictly political rather than racial. Since one cannot separate race from political party in North Carolina (blacks make up 22% of North Carolina’s electorate, and 83% identify with the Democrat Party), so every law affecting a political party in general also affects blacks particularly. In fact, having black skin is a better predictor for voting Democratic than party registration here in North Carolina. Maybe the General Assembly, with Republicans in the majority and wanting to continue enjoying political power, thought that it made sense to amend the voting laws by eliminating or paring back those tools and mechanisms that Democrats particularly take advantage of. The justification would be political (as political parties are prone to do) rather than racial. Here is something else to consider:

(e)  Perhaps the General Assembly had some data and facts and figures to support their photo ID requirement, such as:

(i)  Black voter turnout was higher than white voter turnout in 2012, including in states that had implemented voter ID laws. (This is according to U.S. Census Bureau data, and even the leftist PolitiFact)

(ii)  A recent study of the 2010 and 2012 primaries and general elections shows that voter ID laws did not disproportionately decrease minority turnout. (In fact, the study showed that turnout declined for people of all races from 43 to 31 percent, as ID requirements became stricter).  Contrary to what the left claims, photo ID requirements don not discriminate disproportionately according to race.

(iii)  Despite what the left argues and the mainstream media reports, voter fraud does exist. In 2012, the Pew Research Center found the following:

  • There were almost “24 million active voter registrations in the US which were either invalid or inaccurate
  • There were almost two million dead Americans were still on the active voting lists.
  • 12 million voter records were riddled with “incorrect addresses or other errors.”
  • Almost 2.75 million voters were registered in over one state.
  • 6.4% of all noncitizens voted illegally in the 2008 presidential election, and 2.2% voted in the 2010 midterms. (80% of illegals vote Democratic)

(iv)  In a close election, voter fraud could play a significant role. There is evidence that Al Franken, in fact, won his election due to voter fraud, with illegals playing a part.

(v)  Polls show that the vast majority of Americans support voter ID laws, including Democrats and blacks. Poll after poll confirms this, including the Rasmussen Poll, the FOX News Poll, and the Washington Post Poll.

Again, a court’s role is simple and must never presume to impart a different intention to, or to substitute its judgement for that of the legislative body.  That is why, under the Separation of Powers doctrine, each branch of government has its own separate role.

III.  THE ANALYSIS

So let’s look at the NC Photo-Voter ID Bill and assess it in light of the requirements of the 15th and 14th Amendments, as guided by the Supreme Court’s opinions in Shelby v. Holder and Crawford v. Marion County.

First of all, recall that the 14th and 15th Amendments, together with the 13th, are the Reconstruction amendments abolishing slavery and then granting blacks rights of citizenship (constitutional and civil. The amendments were intended to serve a specific purpose, necessitated by the political situation created by an unconstitutional war and in part, motivated by a desire to punish the southern states for seceding.

All three amendments, for the particular purposes they served, were morally justified – the 13th to abolish the vile and unconscionable institution of slavery, the 14th to grant citizenship to the free blacks and newly-freed slaves (and in fact, to define citizenship since nowhere in the Constitution is it defined), to ensure they were recognized with the same rights as every other citizen, to make sure they would not be denied due process should their liberty rights or property rights be violated, and to make sure they would be assured equal protection under the law, and the 15th to make sure that blacks would not be denied the right to vote.

The 15th Amendment was indeed striking in what it accomplished. On March 30, 1870, the amendment immediately made voters out of 4,000,000 people who had only 13 years earlier, been declared by the highest tribunal in the land (the Supreme Court, in the 1857 Dred Scott decision), as not being capable of becoming citizens of the United States because the black man who never intended to be part of the country so created, that “black men had no rights which the white man was bound to respect” (conclusions articulated by Justice Roger Taney, who wrote the opinion in Dred Scott). But let’s not read anything more into the language or intent of the 15th Amendment than was intended.

The 15th Amendment simply states that the right to vote cannot be denied or abridged to a person on account of race (ie, blacks cannot be denied the right to vote).  We know what the word “denied” means and we know what the word “abridged” means (to curtail). The NC Photo-Voter ID Bill does nothing to deny or abridge the right. It puts reasonable procedures in place to guarantee the right to vote for everyone Every instance of voter fraud cancels someone’s rightful vote. Obtaining an identification with a photograph is not unduly burdensome and is, in fact, is something that 99.99% of the people already do once they come of age and what they need to carry out many of life’s functions – such as get medication, pick up a check, cash a check, use a check or credit card, enter a school building, enter a courthouse, fly, etc. The Supreme Court has already ruled (in 2008, in the case of Crawford v. Marion County Board of Elections) that a voter ID law requiring persons who show up at the polls to vote to present a government-issued form of photo identification (strict photo ID requirement) presents no meaningful burden to a person’s right to vote.  It’s 2018, for crying out loud !!!

The second section of the 15th Amendment which provides that “Congress shall have power to enforce this article by appropriate legislation,” does NOT imply that the Voter Rights Act is a permanent law to be used on the South.  That section simply means that when states or political subdivisions thereof employ verifiable schemes of black voter suppression or actual disenfranchisement of the black vote, the federal government has the authority to step in to correct the situation in order to give meaning to the guarantee in Section 1. The Supreme Court, in Shelby County v. Holder (2013) made the constitutional determination that the Voting Rights Act has outlived its usefulness against the south because those invidious schemes no longer exist.

To repeat, Shelby removes North Carolina from the preclearance requirement with the federal government (NC can now do its own thing !) and Crawford stands for the constitutional bright-line rule that a strict photo ID is not inherently racist or discriminatory and does not pose any meaningful burden on a person’s right or ability to vote.

Furthermore, according to the Supreme Court, all rights can be abridged. We already know the first amendment rights to speech and religion, the rights to be free from searches, and the right to obtain and possess guns are already abridged.

The 14th Amendment provides that all laws should be equally applied to everyone (“Equal Protection;” everyone is protected or served equally by our laws).  The 14th Amendment requires “equal” protection and not “special” protection. The NC Photo-Voter ID Bill is neutral on its face and is written to ensure that every single voter can meet its requirements, including the poor and the elderly. A photo ID will be provided, free of charge, to anyone who cannot afford one and it will be provided at all county board of elections (which is more convenient than waiting in line at DMV locations).  Everyone knows someone that drives. To make any argument that certain people are too poor or too isolated to be able to find someone to give them a ride would be to assume we never modernized or entered the industrial era. A country, and a court system, so intent on moving forward with such sweeping social change like same-sex marriage and transgender acceptance can’t at the same time, assume people can’t get access to a car or a phone or a computer or a DMV or other county office.

Just because changing a law makes it easier or more convenient for only one group to vote doesn’t mean that the 15th or 14th Amendment requires that change. Heck, extending the election season for a whole month and including 4 “souls-to-the-polls” Sundays would be really convenient, right?  Taking votes over the phone would be convenient, yes?  Allowing one family member to vote for everyone in the family, and extended family, would be perfect, for sure!  Just because the legislative body or the voting public doesn’t want to make the changes (and sacrifice voter integrity) doesn’t mean the bill is racist or the voting public is racist, or the state legislature is racist. Groups like the North Carolina NAACP have to stop that nonsensical rhetoric.

NOTHING in the VOTER ID law of 2013 or in the current draft Photo-Voter ID law integrally impairs ANYONE’s right to vote. There is the single entitlement – the right to vote on Election Day (as was the law in NC up until the end of the 21st century (late 1990’s) and the right to submit an Absentee ballot if a person can’t make it to the polling location in person. All the other voting tools and mechanisms are privileges, or “indulgences” (as Justice Scalia termed them). The state interest (in honest, fraud-free elections that comports with the constitutional principle of “one citizen, one vote”) clearly outweighs any claims that a strict photo ID requirement may burden one group of voters. Again, the expectation is that EVERYONE’S vote is important, and the legislature has an obligation to protect the integrity of each person’s vote. Every instance of voter fraud, which we know has become a serious problem here in North Carolina, diminishes the weight of honest citizens. Every instance of voter fraud cancels the vote of someone who has voted legally.

Recently, I watched a YouTube video by journalist Ami Horowitz to examine just what people think of the NC photo ID law and the argument that blacks in North Carolina don’t all have a photo ID and that some simply can’t get one. It was rather enlightening. Ami went to the campus of UC-Berkeley to find out what college students think of voter ID laws and whether they believe they suppress the black vote. Their responses are classic liberal rhetoric. It is clear that white liberal college students have been indoctrinated by the rhetoric of Democrats and by such racist groups as the NAACP which alleges and alleges and repeats and repeats the same accusation – that voter ID laws are racist, they target blacks in their ability to vote, and that blacks are a particularly disadvantaged, incapable, uninformed, unskilled group of people.

Horowitz then took his “On the Street” segment to east Harlem, New York City to find out what black people there thought of the answers that the UC-Berkeley students gave. Their responses were clear – the answers given by the white UC-Berkeley students was offensive, and yes, racist.  Each person questioned had a photo ID on them, they said to be without one would be irresponsible, and not a single one thought it would be impossible to get one. To them, it appeared that blacks in the South have been stereotyped, to the detriment of their race in general. They could not understand the notion that fellow blacks couldn’t get a photo ID, something that everyone in modern society must have.

The point I am clumsily making is that groups like the NC NAACP and other groups that pursue policy (including challenging common-sense Voter ID and Photo ID laws) by promoting the inability of blacks, by alleging that whites use government to scheme in order to disenfranchise blacks, and by claiming that blacks are still the target of intentional discrimination are indirectly perpetuating the old stereotype that blacks are victims, that blacks are a disadvantaged race, that they are somehow less capable than every other race to conform with neutral laws. How offensive is it to allow the same stereotypes to be perpetuated as the one cited by Justice Taney in the Dred Scott decision? That was 160 years ago.  By constantly using arguments like blacks are too poor to be expected to get an ID, that they don’t have cars to drive to a DMV to get a free county-issued ID, that they are too uneducated to understand laws, that they can’t get to a computer (all libraries have them for people to use), that they don’t have cell phones (even though Obama gave every Democrat a phone), and that even if they could get to a computer, they lack the skills to use one or the ability to learn how to use one, they are teaching and indirectly recreating the segregated society that we left behind long ago, where there exists two general races – blacks who are generally inferior and unable to do for themselves and all others, who have no problem complying with laws.

We’ve worked too hard as a society – passing laws, enacting policies, federalizing traditional state sovereign functions, remedying past wrongs, whites teaching their children that skin color is irrelevant, and hopefully blacks teaching their children the same, and reinforcing in all school children, and in fact, every single person, of the plight of blacks in this country (Black History Month) – to put the wrongs of the past behind us and to move forward in a colorblind society, judging one another not by the color of our skin (which we can’t change) but by the content of our character (which is something each of us controls). It serves no purpose whatsoever to keep rehashing the past and reminding folks of how bad our country used to be. We can’t move forward until the restraints of the past are removed, or ignored. Black activist groups such as the NC NAACP certainly aren’t empowering blacks by poisoning them with the notion that they continue to need special protections in order to take an equal place in American society.

IV.  CONCLUSION

There is a reason the NC NAACP fights so hard to oppose a Voter ID. It truly can’t be that the NAACP and the Democratic Party believe that blacks are unable to obtain a photo ID (something every other race has no problem obtaining). No, the real reason is that the Democratic Party NEEDS the ability and opportunity to perpetrate fraud in the election process to order to win elections. It’s been that way since the illegal election of John F. Kennedy, a Democrat, as president, and even the election of Roy Cooper, a Democrat, as North Carolina’s governor. The NC NAACP and Democratic Party need elections in North Carolina to be loosely-controlled. NC is a potential swing state and because both groups stand on the same side of the political fence, they have more than a vested interest in how politics plays out.

The NC NAACP and Democratic Party in North Carolina continue to imply that blacks are disadvantaged in many many respects [poor, uneducated, uniformed, more likely to move around (you need a car for that!!), have more health problems, less access to technology, have less ability to comprehend laws, etc etc], are inferiorly-situated (because of the aforementioned issues), and inferior in general (by their claims of being less educated, less knowledgeable, generally un-informed and less capable) in order to make the case that a photo ID is inherently discriminatory. We see clearly which party is the real racist party.  What I don’t understand  is why blacks tolerate it. Their opposition to voting laws that take away excessive mechanisms and voting opportunities and tools, their support for Affirmative Action programs, and their constant demands for “special protection” rather than “equal protection” are all tacit ways they accept their inferior status in our society. Where is their dignity? Where are the black activist groups to stand up to oppose these positions on the grounds that they are racist and perpetuate horrible stereotypes?

Again, the real reason the NC NAACP and the Democratic Party fight so hard to oppose a strict photo voter ID law is because requiring a photo ID at the polls will frustrate their schemes to perpetrate voter fraud and blacks, as always, are the perfect group to manipulate and use to challenge common-sense laws. In 2018 (53 years after the Civil Rights Act passed and 63 years after the forced integration of public schools) we should NOT be having this conversation and blacks should NOT allow themselves to still be characterized as inferior or somehow behind all other races (including Hispanics).  Let’s be clear — both parties can benefit from voter fraud, but only one party is dishonest enough to want to do so.  And also, let’s be clear…  Enforcing a strict Photo ID has been challenged as discriminatory and as an undue burden on blacks and on the very elderly. Again, the Supreme Court entertained that challenge in Crawford v. Marion County (2008), against Indiana’s strict photo ID Voter ID law. It held that a STRICT photo ID requirement to vote does NOT amount to an unnecessary burden on anyone’s right to vote. Both a liberal justice and a conservative justice wrote opinions to that effect (yes there were two majority opinions!). In North Carolina, the challenge to our Voter ID law back in 2015-2016 was that it was discriminatory against blacks. The challenge was not that it burdened the elderly or that it burdened all minorities. (the review by the 4th Circuit was that it was intentionally discriminatory against blacks).  We have to stop falling for the NC NAACP and Democratic Party bullshit. We should all be horribly offended at Spearman’s words, just as a liberal college student is offended at hearing Ann Coulter or Ben Shapiro.

Reverend Spearman and the NC NAACP like to point to President Grant and his “clear signature” on the 15th Amendment and his message to Congress as to the historic nature of the amendment, but they cherry-pick with his message. In that special message to Congress delivered by President Ulysses S. Grant on March 30, 1870 in honoring the passage of the 15th Amendment, he offered this encouragement:

“I call attention of the newly enfranchised race to the importance of their striving in every honorable manner to make themselves worthy of their new privilege. To the race more favored heretofore by our laws I would say, withhold no legal privilege of advancement to the new citizen. The framers of our Constitution firmly believed that a republican government could not endure without intelligence and education generally diffused among the people. The Father of his Country, in his Farewell Address, uses this language: ‘Promote, then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened.’”

Most people would hope that groups like the NC NAACP would put politics of race aside, stop inferring that the racism of the Reconstruction era still lingers in the hearts of white people and that every act of government is intentionally designed to somehow disenfranchise or otherwise discrimination against blacks, and instead take their cue from President Grant – to empower blacks not to cling to a history of victimhood but rather to project empowerment and equality through education and intelligence.

 

References:

The NC NAACP Addresses the Voter ID Law, November 26, 2018 at the NC State Capital in Raleigh –  https://www.wral.com/news/state/nccapitol/video/18023119/

NAACP Outlines of Voter ID Protest –  https://www.wral.com/news/state/nccapitol/video/17996798/

Opinion, US District Court for the Middle District of North Carolina, North Carolina NAACP v. Pat McCrory, 2016 (upholding the 2013 NC Voter ID law) –  http://www.ncmd.uscourts.gov/sites/ncmd/files/opinions/13cv658moo_0.pdf

Opinion, 4th Circuit Court of Appeals, North Carolina NAACP v. Pat McCrory, 2016 (reversing the District Court opinion and striking down the 2013 NC Voter ID law) –  http://www.ca4.uscourts.gov/Opinions/Published/161468.P.pdf

Opinion, US Supreme Court, Crawford v. Marion County Board of Elections, 553 U.S. 181 (2008) –  Opinion by Justice Stevens –  https://www.law.cornell.edu/supct/html/07-21.ZO.html

Opinion by Justice Scalia –  https://www.law.cornell.edu/supct/html/07-21.ZC.html

VIDEO:  Ami Horowitz “How White Liberals Really View Black Voters”  –  https://www.youtube.com/watch?v=rrBxZGWCdgs

Ulysses S. Grant’s Special Message to Congress, March 30, 1870 (after the passage of the 15th Amendment)  –  https://www.nps.gov/ulsg/learn/historyculture/grant-and-the-15th-amendment.htm

Shelby County v. Holder, 570 U.S. __ (2013) –  https://www.law.cornell.edu/supremecourt/text/12-96

Jay Delancy, “The Voter Fraud Too Many Deny,” US News & Observer, February 18, 2016. Referenced at: https://www.newsobserver.com/opinion/op-ed/article61140462.html

Jay Delancy, “The Voter Integrity Project (VIP) Issues Response to Draft NC Voter ID Bill (v 0.9),” November 27, 2018.  Referenced at:  https://voterintegrityproject.com/draft-voter-id/ (or  https://voterintegrityproject.com/draft-voter-id/?fbclid=IwAR1SAo_s5tVW-QV5oEFO9Frf5AAXU6FhgZz7Z4N3pSRWCitLXXVyxfhtKGM

Aaron Bandler, “5 Statistics That Show Voter ID is Not Racist,” Dailywire, August 2, 2016.  Referenced at:  https://www.dailywire.com/news/7992/5-statistics-show-voter-id-not-racist-aaron-bandler

NC’s draft Voter – Photo ID Law (S.824), “Implementation of the Constitutional Amendment Requiring a Photographic Identification to Vote” –

https://www.ncleg.net/Sessions/2017/Bills/Senate/PDF/S824v2.pdf

Voting Rights Act of 1965 –  https://www.ourdocuments.gov/doc.php?flash=false&doc=100&page=transcript

Government Relations, Regulatory Affairs and Contracting Group, “Supreme Court Strikes down Voting Rights Act’s ‘Preclearance’ Formula,” Ballard Spahr, June 27, 2013.  Referenced at:  https://www.ballardspahr.com/alertspublications/legalalerts/2013-06-27-supreme-court-strikes-down-voting-rights-acts-preclearance-formula.aspx

Thomas J. Espenshade, Chang Y. Chung, and Joan L. Walling, (December 2004), “Admission Preferences for Minority Students, Athletes, and Legacies at Elite Universities,” Social Science Quarterly, December 2004. Referenced at: http://www.princeton.edu/~tje/files/Admission%20Preferences%20Espenshade%20Chung%20Walling%20Dec%202004.pdf    [OR accessible from Wiley Online Library, 85 (5): 1422–46].

Amending the NC State Constitution: The Six 2018 Ballot Initiatives

NC Legislature - building

by Diane Rufino, August 26, 2018

This overview is written for the purpose of educating North Carolina voters on the six proposed amendments to the North Carolina state constitution.

I.  WHAT YOU WILL SEE ON THE BALLOT:  The following will likely be the language you will see on November’s ballot with respect to the six (6) proposed amendments to the North Carolina constitution. I say “likely” because two of the amendments (#3 and #4 below) were challenged by Governor Roy Cooper and a federal judge granted his injunction – meaning that absent a challenge by the legislature that is successful OR having the legislature re-drafting them, those amendments, as originally written and communicated, cannot appear on November’s ballot. Amendments #3 and #4 below contain the re-drafted language, as of August 24, but we don’t know yet if Cooper will re-challenge.

So, as of today (Aug. 26), the language you will likely see on November’s ballot regarding the proposed amendments to the NC state Constitution is as follows:

Amendment 1:           [  ]  For     [  ]  Against

Constitutional amendment protecting the right of the people to hunt, fish, and harvest wildlife.

 

Amendment 2:           [  ]  For     [  ]  Against

Constitutional amendment to strengthen protections for victims of crime; to establish certain absolute basic rights for victims; and to ensure the enforcement of these rights.

 

Amendment 3:           [  ]  For     [  ]  Against

Constitutional amendment to establish an eight-member Bipartisan Board of Ethics and Elections Enforcement in the Constitution to administer ethics and elections law.

 

Amendment 4:           [  ]  For     [  ]  Against

Constitutional amendment to change the process for filling judicial vacancies that occur between judicial elections from a process in which the Governor has sole appointment power to a process in which the people of the State nominate individuals to fill vacancies by way of a commission comprised of appointees made by the judicial, executive, and legislative branches charged with making recommendations to the legislature as to which nominees are deemed qualified; then the legislature will recommend nominees to the Governor via legislative action not subject to gubernatorial veto; and the Governor will appoint judges from among these nominees.

 

Amendment 5:           [  ]  For     [  ]  Against

Constitutional amendment to reduce the income tax rate in North Carolina to a maximum allowable rate of seven percent.

 

Amendment 6:           [  ]  For     [  ]  Against

Constitutional amendment to require voters to provide photo identification before voting in person.

 

II.  WHAT THE AMENDMENTS MEAN and WHAT THEY SEEK TO ACHIEVE: The NC legislature considered various potential constitutional amendments, in addition to the ones which will appear on November’s ballot. Some of the additional amendments considered included removing Article I, Section 4 (“Secession Prohibited”), removing Article I, Section 5 (“Paramount Allegiance to the Federal Government”), removing the provision in Article I, Section 30 (“Militia and the Right to Bear Arms”) which can serve to limit the right of conceal carry (“Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice”), and removing the limitation in Article VI, Section 4 (“Qualification for Voter Registration”) which is can be characterized as a Jim Crow-era law.  Instead of putting all of the proposed amendments on the ballot, the legislature polled all their potential suggestions across the state and decided to use only the top six.  The highest-polling amendments were: #1: The Right to Hunt, Fish, & Harvest Wildlife, and #2: Voter ID.  These amendments, by the way, polled highest across political lines, racial lines, income differential, education, etc.  [NC state constitution –  https://www.ncleg.net/Legislation/constitution/ncconstitution.html ]

The following is an explanation of each proposed six constitutional amendment (Ballot Initiative), as well as the corresponding NC bill that contains its full language.  All bills can be accessed from www.ncleg.net

Amendment 1:   [Senate bill 677 – S677]

This amendment enshrines the public’s natural right to hunt, fish, and harvest wildlife in the state constitution, to be free from any potential attempt to limit or to burden such right. While enshrining this natural right (mentioned in Genesis), it also has the effect of setting up potential challenges to hunting restrictions by saying that any limits on this right can only come from laws intended to promote wildlife conservation and to protect the future of hunting and fishing.

 

Amendment 2:   [House bill 551 – HB551]

The rights of people who are victims of crimes are delineated and enshrined in this amendment, and are:

  • Being notified of criminal proceedings against the accused (the perpetrator)
  • The right for the victim to speak at all hearings involving plea, sentencing, parole, or the release of the defendant
  • The right to “full and timely” restitution (the right to be “made whole” by the defendant/perpetrator; the right to be put back into the position as if the crime had not been committed)
  • The right to be “reasonably protected” from the defendant
  • A “prompt conclusion” to the case (prompt closure for the victim)
  • Victims’ attorneys can petition the court to enforce any of the above provisions

 

Amendment 3:   [House bill 913 – HB913]

This amendment would give more power over appointments to the legislature (the General Assembly), thus taking power away from the Governor who currently has been delegated such authority. The proposed amendment clarifies that the General Assembly has “control over any executive, legislative, or judicial appointment,” although the bill (HB913) doesn’t say exactly how the legislature would exert that control.  [The intent is to vest power to make potentially important appointments – ones who exert power and influence over policy and enforcement in the state – with the legislature, which is the body closest to the people. The legislature, or General Assembly, is “the people’s body,” where accountability in government is most achievable.  Legislators in both chambers serve two-year terms.]

 

Amendment 4:   [Senate bill 814 – S814]

This amendment changes the rules for who appoints judges when vacancies occur between elections. Appointments to fill judicial vacanices that occur between elections can account for up to 40% of judges who sit on the courts in the state of North Carolina. Currently, the Governor appoints them. Under the proposed amendment, a system would be set up where anybody in the state could submit nominations to a non-partisan “Judicial Merit Commission” which would then evaluate the fitness of those nominations and then send that information to the General Assembly. The legislature would then pick two names to send to the Governor. In cases where the vacancy occurs right before an election, the Chief Justice of the NC Supreme Court would make the selection instead of the Governor.   [Judicial appointments are extremely important. We’ve all witnessed over the years how liberals and progressives (ie, the Democratic Party) have sought to get around established law or policy, or to advance their agenda faster than the general public would allow thru the ordinary democratic process, by going to the courts where there are too many liberal and otherwise unprincipled, inexperienced, and untested judges, and judges appointed merely in exchange for political favors and donations, who are happy and without conscience to do so. The intent of this amendment is to vest power to make judicial appointments with the legislature, which is the body closest to the people. The legislature, or General Assembly, is “the people’s body,” where accountability in government is most achievable.  Legislators in both chambers serve two-year terms and therefore can quickly be removed for abusing their power or for using the judicial appointments power recklessly.]

 

Amendment 5:   [Senate bill 75 – S75]

This amendment caps the state income tax at 7 percent (7%), which means that the General Assembly would be prevented from instituting an income tax in excess of that. Currently, the NC constitution caps the income tax rate at 10 percent (10%). The initial bill from the Senate would have set the cap at 5.5% which is essentially the current tax rate.

Governor Cooper and left-leaning interest groups are opposed to this amendment because they want the General Assembly to have the flexibility to increase the tax rate should the state need it in an emergency situation. The Republicans, however, have provided for such an emergency, through the state’s “Rainy Day Fund,” which currently contains $2 billion. The legislature further requries each county to have 8% of surplus funds in reserve. Cooper hates the fact that the state has this fund just sitting there. He thinks it should be plundered and used for whatever the state government thinks is more pressing at the time. Cooper believes the proper way to raise emergency funds is by raising the state taxation rate. Republicans, on the other hand, believe that is a bad way to raise such funds. The reason it believes such is that it takes too long to raise the money; sales tax, they believe, is the fastest way.

 

Amendment 6:   [House bill 1092 – HB1092]

This amendment is intended to provide the photo identification requirement for voters that the 2013 NC omnibus Voter ID law required but which was struck down by the 4th Circuit of Appeals in 2016. (It is termed an “omnibus” bill because it made several changes to NC;s election laws, in addition to adding the photo ID requirement).  Currently 34 states have some form of a Voter ID law. And all of the southern states have one except North Carolina.

 

III.  CURRENT STATUS OF THE BALLOT INITIATIVES (the lawsuits)

Four of the six ballot initiatives (proposed constitutional amendments) are currently being challenged; opponents want them kept off November’s ballot.  The only initiatives not being challenged are the ones protecting the Right to Hunt & Fish and Victims’ Rights (which are the first two listed above).

On August 15, Governor Roy Cooper sued to challenge the initiatives that deal with his appointments power (amendments #3 and #4 above).  The language of the amendments above represents the “revised” or re-drafted” language in response to Cooper’s legal challenge.

And the NAACP, along with Clean Air Carolina, sued to challenge those amendments, plus the ones limiting the general assembly on its taxing power and requiring a photo identification to vote. The parties asked for injunctive relief.  Governor Cooper challenged the language of the amendments, alleging they are misleading and do not adequately inform voters as to what provisions in the state constitution they seek to amend and what they seek to achieve. Furthermore, he claimed the amendments would “take a wrecking ball to the separation of powers” in Raleigh. The NAACP and Clean Air Carolina challenged the Voter ID amendment on the grounds that it is will disparately impact African-Americans and is therefore an attempt to target them and disenfranchise their voting rights and challenged the Income Tax cap on the grounds that the legislature shouldn’t be precluded from increasing the tax rate (above 7%) if it needs to.

The original language of the amendments, before the revision, and which was the language challenged by Cooper, was as follows:

Amendment 3:  Constitutional amendment to establish a bipartisan Board of Ethics and Elections to administer ethics and election laws, to clarify the appointment authority of the Legislative and the Judicial branches, and to prohibit legislators from serving on boards and commissioners exercising executive or judicial authority.

Amendment 4:  Constitutional amendment to change the process for filling judicial vacancies that occur between judicial elections from a process in which the Governor has sole appointment power to a process in which the people of the State nominate individuals to fill vacancies by way of a commission comprised of appointees made by the judicial, executive, and legislative branches charged with making recommendations to the legislature as to which nominees are deemed qualified; then the legislature will recommend nominees to the Governor via legislative action not subject to gubernatorial veto; and the Governor will appoint judges from among these nominees.

On August 21, a 3-judge panel agreed with Governor Cooper and granted the injunction. The panel, however, disagreed with the NAACP and Clean Air Carolina on their separate challenges (Voter ID and Income Tax). The panel held that there is no proof to show that Voter ID is discriminatory or that the requirement to present one to vote actually poses a meaningful burden or prevents a person from voting. If a person is truly intent on voting, the requirement of a photo ID poses no reasonable hardship.

[Injunctive Order, issued on August 21 –  https://www.documentcloud.org/documents/4779492-18-CVS-9805-Order-on-Injunctive-Relief.html ]

The 3-judge panel found fault with the language of the amendments (#3 and #4), claiming that initiative #3 doesn’t adequately explain what the amendment seeks to achieve and initiative #4 is simply misleading. Consequently, the NC Board of Elections is enjoined (prevented) from printing ballots containing initiatives #3 and #4.

Does this court ruling mean that the amendments will not be on November’s ballot??   No.  There are two options open to the legislature:  (1)  They can appeal the ruling; or (2) The General Assembly can convene a special session to re-write the ballot text to overcome the defects as identified by the court.  The General Assembly has already has convened a special session. The House met on Friday, August 24, to re-draft the amendments, and the Senate will approve them tomorrow (Monday, August 27).

 

IV.  VOTER FRAUD – Does it Exist?  Is there a Potential for Voter Fraud Here in NC?

Regarding Voter Fraud, the Heritage Foundation explains:

“There are three take-away points:

  • The right to vote in a free and fair election is the most basic civil right, one on which many other rights of the American people depend.
  • Congress and the states should guarantee that every eligible individual is able to vote and that no one’s vote is stolen or diluted.
  • Voter fraud is real and hundreds of convictions have been made and documented.”

First of all, let’s review constitutional jurisprudence on regarding state Photo ID voter laws.

In the years after the turn of the century (2000 onward), the states began becoming aware of voting fraud and voting irregularities. One by one they began instituting laws designed to reduce the likelihood of fraud and to ensure integrity in their election process. A federal commission was even empaneled to study voter fraud and it concluded that it exists and recommended that each state enact some sort of law to address voter integrity. In the aftermath of that conclusion, more and more states began enacting laws. These laws essentially fell into four categories: those with a strict photo ID requirement, those with a relaxed photo ID requirement, those requesting an ID (but photo not required), and those with a strict non ID requirement.  The strictest voter law and the one potentially posing the greatest burden to a person’s right to vote is a Strict Photo ID law. A challenge to such a Photo ID law was heard by the Supreme Court in 2008, in the case Crawford v. Marion County Board of Elections.  [For an overview of the laws in the 50 states:  http://www.ncsl.org/research/elections-and-campaigns/voter-id.aspx ]

In 2005, the Indiana state legislature passed a law requiring all voters who cast a ballot in person to present an acceptable photo ID, issued either by the United States (a federal ID) or by the state of Indiana (such as a driver’s license). Again, Indiana’s Voter ID law was of the strict photo ID type. The Democratic Party of Indiana and interest groups representing African-Americans and elderly citizens filed suit and challenged the law, alleging that it constituted an undue burden on the right to vote.

At trial, the challengers could not produce any witness who could not meet the law’s ID requirement, who could not obtain an acceptable identification. (The Indiana law, as did NC’s Voter ID law, includes a provision that should a person not be able to afford a photo ID or not be able to obtain one, the state would provide one for them, free of charge). The federal district court (federal trial court) upheld the law but on appeal, the appellate court appeared to be divided. The dissenting judge claimed that the law was a “thinly-veiled attempt to dampen turn-out by those likely to vote for Democratic candidates.”  The Supreme Court agreed to hear the case.

Note:  It was not alleged that Indiana’s strict photo ID voter law negatively or disparately impacted any other minority group, other than African-Americans.  It should also be noted that almost all minority groups vote Democratic.  (Why are African-Americans singled out?  Could it be that they are incapable of the same responsibilities that other citizens are capable of?  Or is it more likely related to the fact that 90% or so of African-Americans identify as Democrats and that African-Americans make up the largest of America’s minority groups?)

The Supreme Court heard the case and handed down its opinion in 2008. There were actually two majority opinions written by the court (something very rare). One was written by the very liberal justice, John Paul Stevens, and the other was written by the very conservative justice, Antonin Scalia. The Court held that Indiana’s strict Photo ID law was closely-related to the state’s legitimate state interest in preventing voter fraud and ensuring integrity in its elections. The Court further held that the photo requirement was merely a slight burden imposed on a person’s right to vote which in no way outweighed that legitimate state interest. The Court characterized the strict photo requirement in Indiana’s law as “Neutral and Non-Discriminatory.”

The Crawford case tells us, and each state legislature, that a strict photo requirement in a voter law: (1) Poses no meaningful burden to the right to vote; and (2) is, on its face, “Neutral and Non-Discriminatory.”  It should also instruct every court in the federal judiciary of the same. Supreme Court opinions, once handed down for the first time on a particular issue, become precedent.  Precedent refers to a “preceding” opinion which is to be regarded as a guide to be applied in subsequent similar cases.

The 4th Circuit Court of Appeals should have applied the Crawford opinion when it heard the appeal from the NAACP and other interest groups regarding the NC Voter ID law rather than substituting its own judgement for that of the NC General Assembly on a law that was, on its face, neutral and non-discriminatory (and in fact, more relaxed than the Indiana law), and therefore it should have upheld it.

Discussing Voter Fraud and the unfortunately opinion by the 4th Circuit, Jay Delancy of the NC Voter Integrity Project explained that 90% (or more) of African-Americans are registered as Democrats and vote Democratic. And so there will always be a racial impact, or a racial component or racial argument, in anything having to do with politics, political posturing, political decisions, or political policy. There will always be a racial impact when a state legislature does any tweaking to its election laws or when it re-draws its district lines, or gerrymanders.  Because of the extraordinarily high political identity of African-Americans with the Democratic Party, one can never truly separate race from politics or from political party.

He continued, explaining that a law designated to prevent voter fraud (which has been consistently and historically perpetrated primarily by the Democratic Party) will of course be seen racial. The re-drawing of district lines designed to benefit the political party in power, which happens to be allowed by law, will necessarily also have a racial component. It is NOT intentional discrimination based on race and there is NO impact based on race. It is what it is simply because of the extraordinarily high racial political identity.

Jay has educated groups, the NC legislature, the NC Board of Elections, other states, the FOX News audience, and even Rachel Maddow over the years on voter fraud, instances of actual voter fraud, the many insidious ways that fraud is committed, the various ways that the potential for fraud exists, and how such potential can be mitigated. For example, in 2012, the NC Voter Integrity Project reported to the State Board of Elections 30,000 deceased voters still on the NC voter registration rolls. Under Democratic control at the time, the Board chose to do nothing and the names were never purged.  Also in 2012, the Voter Integrity Project noted that 175,000 “inactive” voters suddenly became active by in-person, on-the-day-of-election voting. Most of those 175,000 “inactive” voters had been highly suspicious to begin with. They had unreliable addresses or had mail returned to the Board of Elections. Yet suddenly, a huge number of such voters showed up to vote.

Looking for instances of fraud, Jay decided to use a novel method which cross-referenced two different lists of individuals. He looked at the information provided by the state Board of Elections of those who voted in the 2012 election and cross-referenced those names with those individuals who had sought to be disqualified to serve jury duty in the state. In North Carolina, persons can legally get out of jury duty, subject to perjury, if they fall into any one of 4 categories: (1) felon;  (2) non-citizen;  (3) reside outside the district;  (4) cannot speak English.  Jay looked at the list of individuals who got out of jury duty by asserting they are “non-citizens” and cross-checked to see how many of them voted in the 2012 election. He found thousands of such potentially fraudulent voters. He took the information to the NC Board of Elections (state Board of Elections) and after several years, they finally settled with the matter out of court. Jay said he is pleased with the outcome.

Here are some of the ways that voter fraud is committed:

  • Voting early and voting often (or just voting often), in the same jurisdiction
  • Duplicate voting – registering in multiple locations and voting in the same election in more than one jurisdiction
  • Using the name of a person that has died (but whose name still remains on the state voter registration rolls) to vote
  • Voting as an illegal alien (Jay has found many persons who presented, under penalty of perjury, that they couldn’t serve jury duty because they were not a legal citizen yet voted)
  • Voting using the name and address of someone who has moved away
  • Voting using the name and address of a convicted felon (felons temporarily lose the right to vote but remain registered)
  • Voting even though the person is a convicted felon
  • Voting using a false identity
  • Voting using a false registration: (voting under fraudulent voter registrations that either use a phony name and a real or fake address or claim residence in a particular jurisdiction where the registered voter does not actually live and is not entitled to vote). In Wake and Durham counties, 150 fake voters were created by ACORN. The NC Voter Integrity Project believes there were more, but they stopped looking at some point. They took the information to the state Board of Election by it chose not to investigate or prosecute
  • Fraudulent use of absentee ballots (requesting absentee ballots and voting without the knowledge of the actual voter; or obtaining the absentee ballot from a voter and either filling it in directly and forging the voter’s signature or illegally telling the voter who to vote for)
  • Voting using a non-existent address (those campaigning for office and who canvass neighborhoods to talk to voters, using information provided by the Board of Elections will find addresses on the list but no physical address existing)
  • Using the address of someone the person knows for purposes of voting fraudulently (Ex: sometimes there will be 8, 10, 12, 15, 20 persons voting using the very same address, even when the address is in an area zoned only for single-family)
  • Buying votes (paying voters to cast either an in-person or absentee ballot for a particular candidate)
  • Voting in multiple counties for the same election
  • Voters creating fake addresses
  • Unions providing funds to have its members establish “temporary” residences in targeted states prior to elections (while not actually moving or living there) and then voting in those states
  • Persons misappropriating other person’s addresses (a friend of mine, just for the heck of it, looked up her address with the Board of Elections and found that several persons were registered to vote from her address, in addition to her and her husband, the only legal residents)
  • Political “community-organizers” going into high schools to register students, including those who are illegal, by giving out false information (such as “you can vote even if you aren’t a citizen”)
  • Groups intent on perpetrating fraud on the election process have gone through cemeteries, taking down names and other information from gravestones of those who recently passed away (each state has a law that instructs the Board of Elections of how often it must purge the names from its voter rolls of those who have passed. See the Appendix at the end of the article)
  • Voters intent on committing voter fraud have purposely voted in more than one state for the same election (for example, Jay has found several who have voted not only in North Carolina, but also in Tennessee and Florida in the same election)
  • Volunteers with a political party (usually Democratic) going to nursing homes, retirement communities, and other elder care facilities to register or re-register members, and then filling out their mail-in ballots or busing them to the polling location and voting for them (under the guise of being a caregiver); many elderly persons in such homes, communities and facilities lack the mental capacity to know how they are voting or lack the ability to prevent the volunteer from coercing their vote
  • Handing out fake ID’s to homeless persons, addicts, or other persons who cannot provide proof of residence (usually providing a free lunch or $5.00) and then taking them to the polls
  • Illegal “assistance” at the polls (forcing or intimidating voters—particularly the elderly, disabled, illiterate, and those for whom English is a second language—to vote for particular candidates while supposedly providing them with “assistance”)
  • Altering the vote count (changing the actual vote count either in a precinct or at the central location where votes are counted)
  • Ballot petition fraud (forging the signatures of registered voters on the ballot petitions that must be filed with election officials in some states for a candidate or issue to be listed on the official ballot)

Jay Delancy is the foremost expert in North Carolina on voter fraud and speaks about it frequently. He is a watchdog who works tirelessly to identify instances of voter fraud, to identify schemes, to support efforts by our state legislature to protect against voter fraud, to suggest ways to minimize potential voter fraud, and to educate about voter fraud. He provides updates on his Facebook page, including this one video he made:  https://www.facebook.com/11818728/videos/10105605658577189/?id=11818728

With all the opportunities and potential for voter fraud, the state values the procedures and provisions put into our election laws to address the problem, including the provisions for cleaning out voter registration lists and the provision for “Confirmation Mailings” (to confirm that a listed voter still resides at the address registered).  These provisions are common-sense and valuable.

However, liberal judges don’t necessarily think so. There have been several instances where courts have instructed Boards of Election to reinstate voters who have been removed from the voter registration rolls for good and documented cause and recently, a judge struck down a provision allowing voters who have been determined to no longer reside at a certain address to be removed from the voter rolls.

On August 8, a federal judge invalidated part of North Carolina’s election law – the provision that allows one voter to challenge another’s residency. This provision was used successfully by watchdog and election integrity groups to scrub thousands of names off the voter registration rolls in NC ahead of the 2016 election. (Not one error was made and no one was disenfranchised of his or her right or ability to vote). The goal of this provision, of course, was to prevent someone seeking to fraudulently cast a vote or to cast an additional vote by using the name and address of someone no longer living or no longer residing at the address.

Volunteers with the NC Voter Integrity Project had used this provision to purge 3500 – 4000 voters from the voter registration rolls in Cumberland, Moore, and Beaufort counties. The NAACP challenged the removal of those names, and challenged the provision itself, alleging that the purge of voters disproportionately targets African-American voters. (Again, everything negatively impacts only African-Americans).  The NAACP, however, did not make clear how it believes the provision so disproportionately targets them.

Jay Delancy, the director of the NC Voter Integrity Project, said the effort in those counties had one purpose and one purpose only and that was reduce the potential for voter fraud.

In striking down the provision, the judge (Judge Biggs) said that the provision is pre-empted by the 1993 federal “Motor Voter” law, an initiative by the Clinton administration aimed at expanding voter opportunities by registering teens when they go for their drivers permit and license. The “Motor Voter” law (officially name: “The National Voter Registration Act”) mandates certain procedures to reduce the risk that a voter’s registration might be erroneously cancelled. The judge said that allowing one voter to challenge another’s residency contravenes these procedures and frustrates an important goal of the law.

It should be noted that the residency challenges under the challenged provision are not frivolous challenges, but are in line with established election law. Each residency challenge in Cumberland, Moore, and Beaufort counties followed after a postcard was mailed to a particular voter and it was returned as “Undeliverable.” [This scheme was devised by a member of my Tea Party group].  County Elections Boards are allowed to accept returned mail as evidence that the particular voter doesn’t currently live at the address. But that isn’t the end of the inquiry or determination. Before the name is removed from the voter registration rolls, a hearing is called where the challenged voter can present evidence to show that he or she still lives there. If the voter doesn’t appear for the hearing or cannot or does not refute the evidence, then he or she is removed from the voter roll. In other words, North Carolina election laws ensure that their provisions meet due process requirements.

Regardless of the fact that due process requirements are met, Judge Biggs nevertheless struck down the common-sense provision and ordered the Boards of Elections in Cumberland, Moore, and Beaufort counties to reinstate all of the 3500-4000 cancelled voter registrations.

Jay is asking the state legislature to revise state election law to add provisions to once again empower citizens who wish to help minimize the opportunity and potential for voter fraud by helping to identify and challenge illegal and fraudulent voters.

 

References:

Jay Delancy addresses voter fraud on Facebook:   https://www.facebook.com/11818728/videos/10105605658577189/?id=11818728

Voter Identification Requirements – Voter ID Laws –  http://www.ncsl.org/research/elections-and-campaigns/voter-id.aspx

Governor Cooper’s Injunctive Order, issued on August 21 –  https://www.documentcloud.org/documents/4779492-18-CVS-9805-Order-on-Injunctive-Relief.html

NC state constitution –  https://www.ncleg.net/Legislation/constitution/ncconstitution.html

Heritage Foundation Explains Voter Fraud –  https://www.heritage.org/election-integrity/heritage-explains/voter-fraud

Maintenance of State Voter Registration Lists: A Review of Relevant Policies and Procedures –  https://nass.org/sites/default/files/reports/nass-report-voter-reg-maintenance-final-dec17.pdf

 

APPENDIX:

MAINTENANCE OF STATE VOTER REGISTRATION LISTS:  A REVIEW OF RELEVANT POLICIES AND PROCEDURES

Referenced at:  https://nass.org/sites/default/files/reports/nass-report-voter-reg-maintenance-final-dec17.pdf

Verification of Voter Registration Information —

The voter registration system attempts to match driver’s license numbers with the motor vehicle database. If the last four digits of the voter’s social security number (SSN4) are provided, the number is checked against the Social Security Administration (SSA) database through the American Association of Motor Vehicle Administrators (AAMVA). If no match is found, the voter will be notified. If the information remains unverified, the applicant must show identification before voting.

Address Confirmation Procedures —

County boards of elections attempt to verify the address of initial voter registration applicants by sending a notice to the applicant by non-forwardable mail, at the address provided on the application form. The county will register the applicant if the Postal Service does not return the notice as undeliverable to the county board. If the first notice is returned as undeliverable, then the county board will send a second notice by non-forwardable mail to the same address to which the first notice was sent. If the second notice is not returned as undeliverable, then the county board will register the applicant. (See NCGS § 163-82.7)

Each county board of elections conducts a program to remove from the registration list voters who have moved out of the county, and update registration records of persons who have moved within the county. (163-82.14)

After every congressional election, each board of elections sends a confirmation mailing to every voter if the board has not confirmed the voter’s address by another means. (163-82.14)

If a voter fails to respond to a confirmation mailing, and does not vote in an election from the date of the notice through the next two general federal elections, the voter will be removed from the voter registration list. (16382.14)

Removal of Names –

A voter will be removed from the registration list if the voter:

  • dies;
  • is convicted of a felony;
  • confirms in writing a change of address outside of the county;
  • fails to respond to a confirmation notice and does not vote or update the voter’s registration through two general elections. (163-82.14)

Obtaining the Names of Voters who are Deceased or Convicted of a Crime –

Each month the North Carolina Department of Health and Human Services provides the State Board of Elections with the names of deceased persons who were residents of the state, and the Board distributes the appropriate information to each county board of elections. (163-82.14)

Each month the State Board of Elections provides the county board of elections with the names of persons from that county who have been convicted of a felony. (163-82.14)

Upon receipt of a notice of felony conviction from the US Attorney, the Executive Director of the State Board of Elections will notify the appropriate county.

Can NC Enforce its Voter ID Law? What are its Options in Light of the Politically-Motivated 4th Circuit Decision?

voter-id-some-restrictions-may-apply     by Diane Rufino, Oct. 7, 2016

Elections and the Collusion of Corruption: The Engineering of Political and Government Tyranny. Its tools are voter fraud and massive collusion of political power.

INTRODUCTION –

The current generation of Americans is a sad generation. An unfortunate generation. They are far removed from the days when the country struggled with its rich heritage – a heritage forged in England with the 600-year struggle for independence from an over-bearing King. When an overbearing King George III and British Parliament evidenced a similar design to oppress the colonies and deny its people the rights and liberties that had been asserted time and time, the colonies revolted, took up arms, and fought successfully for their independence. The promise of a new land truly dedicated to individual liberty together with a long history strongly suggesting that such liberty is always short-lived, motivated our Founding Fathers to do something extraordinary. They drafted a form of government to overcome the limitations and shortfalls of Great Britain and in that system, they embedded many levels of checks and balances.

One of those checks and balances is the doctrine of Separation of Powers, a doctrine articulated by Montesquieu in his book The Spirit of Laws (L’esprit des Lois”), in which he explains society’s need for government and the need for protections in that government to prevent abuse. The Separation of Powers doctrine is based on the natural tendency of government to concentrate power; the concentration of all political power – legislative, executive, judicial – in the hands of one man, a few men, or even a government entity is total tyranny. Such a man, group of men, or government entity with such a monopoly over the scope of government power is the most dangerous of all. One only needs to look at Adolf Hitler or Josef Stalin, and other totalitarian rulers. Now, if government power is divided among its branches with the understanding that each branch will jealously guard its sphere of power, then power should remain separated and contained. After all, one branch that tries to assume more power has to misappropriate it from another branch. This doctrine is most powerful when there is a Constitution which legally limits power to all branches, which supposedly is what our system provides. The caveat is and what has always been is that the Constitution must be respected.

The second check and balance is the most powerful of all in our American system – our system of Federalism. Our Founders divided government power between two powerful governing entities (sovereigns) – the States (considered to be the most powerful on most objects of government) and the federal government (only powerful on the limited areas listed in the US Constitution). What makes this design element so unique and so essential to the maintenance of a limited government is that it uses each powerful sovereign to keep the other in check. Sovereign against Sovereign; Titan against Titan (to invoke an analogy in Greek mythology). Again, each sovereign is supreme over its area of responsibility. The belief was that each sovereign (each Titan) would forever jealously guard its sphere of responsibility. The government’s powers are expressly delegated in the Constitution. All other areas are reserved to the states, as the American people were promised first in the Articles of Confederation (Section II, immediately following the declaration that the name of the new American Union would be the United States of America, which was Section I) and currently in the Tenth Amendment. The US Constitution has never been amended to take any of the States’ reserved powers away from them, including during and after the infamous War of Northern Aggression. For clarity on the States’ reserved powers, one needs only to look at Federalist No. 45, written by James Madison, the author of the Constitution and the man who attended every day of the Constitutional Convention, documenting the discussions and debates and capturing the collective understanding of the terms and provisions of the document as understood by all of the States (through their delegates) at that historic gathering. Federalist No. 45 goes into detail about the general character of this separation of sovereign power. Federalism is the last in our government’s series of Checks and Balances. (Maybe most important!)

The checks and balances were always intended to limit government and prevent the type of government abuse that has eroded a free society in the societies of the past. The more limited a government is, the greater its people can exercise their rights to life, liberty, property, and the pursuit of happiness.

Checks and balances, to put it another way, were included in our form of government in order to prevent a monopoly over the meaning, purpose, and scope of government.

Going back to my first paragraph, our current generation is far removed from the struggles to prevent the government itself – just the powers in Washington DC – from consolidating its powers in order to affect such a monopoly. The monopoly was actually perfected the year the Supreme Court decided for itself that its branch had far more power than originally granted in Article III of the US Constitution. That was the case of Marbury v. Madison (1803). Its implications were noted by Thomas Jefferson, James Madison, and others and warnings went out. True and honest students of history, government, and law know of these warnings, and appreciate them. But while the federal monopoly had been established, it was not clear whether or how it would be used to grow the government in DC. The biggest fear, as most realized at the time, was the government monopoly’s unique ability to destroy federalism, the critical design feature of our American government. It was only in very recent years that the tyranny threatened by this monopoly has finally become a reality. Because our current generation was not lucky enough to enjoy the freedom that many of us enjoyed many years ago, they cannot recognize what is becoming of their lives and their existence in the United States. They don’t know what has already been lost and they have no idea of what they will continue to lose.

Encroachments on State governing power began with the Lincoln administration (with his many violations of the Constitution and then with his decision to deny them their sovereign right of self-determination with secession) and continued in the years following Lee’s surrender at Appomattox. The federal government, after first declaring that they never seceded because they never had the right to do so and hence were merely “rebellious states” which were still part of the Union, then suddenly announced that they had to “re-apply” to become part of the Union again. The government first put them under military rule and then required that every Southern state meet certain punishing requirements in order to be “admitted back into the Union,” including submitting new state constitutions (asserting that they have given up their right to secede, that their primary allegiance is to the federal government and its laws, and that they adopt both the 13th and 14th amendments. Should any Southern state not meet these conditions, they would continue to live under the laws of a Congress that included only northern representatives and no representatives of that states. In other words, they would be subject to the most extreme form of tyranny. “No taxation without representation” would be nothing compared to the existence the Southern states would have to endure. And so, defeated and humiliated, dominated and subjugated, the Southern states complied. The federal government would fundamentally change its position vis-à-vis the States and sadly, with respect to the American people themselves. Many historians would declare that the government, transformed as a result of Lincoln’s total consumption of government power and continued during Reconstruction, became an illegal, illegitimate government at that moment. Many historians would also point out that the 14th amendment was not legally proposed and ratified by the States, as required by the very terms of Article V of the Constitution.

The 14th Amendment would be the great tool used by the federal government, and particularly by the Supreme Court and progressives, to strip power from the States and greater perfect the monopoly of power in the federal government.

The stripping of sovereign power from the States and the further erosion of federalism (ie, the further consolidation of power in the federal government) would continue at the turn of the 20th century and then into the years we fought WWII. 1913 was a bad year for States’ rights (the 17th amendment took selection of Senators from the States as political entities with sovereign interests) and for the right of individuals over their earnings and investments (the federal income tax was enacted: the 16th amendment). It was, however, a great year for government, first for the power to plunder the wealth of its citizens (16th amendment) and for the power to control the value of money and to print it at will (the creation of the Federal Reserve).

During the 1960’s, there was another great assault on the States with the government declaring that schools and other public entities are forbidden to allow prayer in their functions. Religion must be stripped from the public domain and States are powerless to protect such an exercise. And during the 1970’s, the government asserted itself in the public school building by requiring that school districts be intentionally designed and created to meet racial quotas. The government ushered in the era of busing.

Through its laws – namely the Civil Rights Act of 1964 and the Voting Rights Act of 1965, and in particular, certain provisions of each (such as Title 4 and Title 5 of the Voting Rights Act), the federal government continues to demand that the States (the Southern states and some districts of other states) forfeit their sovereign rights over traditional and historically-recognized state matters (ie, “tenth amendment reserved powers”) so that the government can weigh in on them and then tell the States what it will “allow them to do.”

This past week, thanks to WikiLeaks, we have learned the extent of the Democratic Party’s connections to the US Justice Department and to the massive liberal media. We have seen where the moderators in charge of the presidential debates, including the debates during the primary season, have been instructed closely by the Democratic Party machinery as to what questions to ask the GOP candidates and then Trump in particular. We have seen the inherent bias in those debates. We have seen the even more dubious bias in the media, which everyone knows influences the voters who have little interest or time in doing research for themselves. We have seen how the Party has given assurances to Wall Street and foreign leaders/ foreign entities to pursue certain policies advantageous to them while deceiving the American people that just the opposite will be done. We can only imagine where our tax dollars and our valuable resources will be diverted to and for what purposes. We have read emails which show that a certain Democratic presidential candidate has been given a “pass” by the US Department of Justice, for one, by not performing a proper investigation, as would be required of anyone else who breached national security protocol. We have seen that the Democratic Party and its associates have control over the ballot systems which will be used by most precincts in the US.

What these revelations show is that there is a massive COLLUSION OF CORRUPTION which one goal in mind – to dupe the American people and to ensure that a political party gains control of the White House. We all know that Hillary Clinton is not qualified to lead the country – her experience, her track record of accomplishment, and her judgement are all far too flawed and deficient and therefore prove so. But the party itself needs to control the White House. It needs to control government and to continue implementing its plans for this country.

What this actually means for you and I is that this Collusion of Corruption is divesting us of our rightful voice in government. Our very democracy is being undermined and eroded. Our rightful place in the grand scheme of our government structure is being diminished and minimized right before our eyes.

We are witnessing the engineering of political and government tyranny. The government monopoly that has been instituted for government purposes, and which has consistently and steadily worked in favor of growing the federal government and its power (the cornerstone of Democratic policy), apparently is no longer strong enough or effective enough for the political elitist class. We are witnessing something very alarming and serious: When the Democratic Party’s (Progressives’) interests are threatened by a growing popular movement, it is willing to engage in massive collusion and corruption to neutralize that movement. It will do anything to ensure that its interests remain paramount and that government works for its own interests rather than for the benefit of the States and for the good of the American people – the purposes it was established for. In the past, Democrats and progressives doggedly pursued their goals of government power, challenging the nature of the Constitution and appointing judges and justices to erode that foundational document in order to strengthen the government monopoly in their favor. That system is alive and working fastidiously, like termites on a pillar of wood. And as it erodes our Constitution and its guarantees of limited government and essential rights, the people have taken notice. And they are reacting and rebelling – politically. It is this political unrest, this push-back against the government, which has prompted the Democratic Party to come up with new tactics. It appears that its modern-day tools are voter fraud and massive collusion of political power.

As we have seen members in government, including members of the Republican Party, a party ideologically entrusted to counter the designs of the Democrats, side with this party of dubious tactics, we can only conclude that government, and its committed agents, have designs of their own, independent and distinct from the interests and concerns of the average American citizen.

THE ISSUE –

In 2013, the NC General Assembly duly and rightfully enacted a common-sense Voter ID law. Its primary purpose was to cut down on voter fraud and to ensure the integrity of the voting process. Voter confidence and election integrity had eroded terribly over the past few election cycles. Opportunities for voter fraud were being identified by the Democratic Party (community organizing tactics and tactics of the Democratic-controlled unions) and actual instances of such were being documented not only in North Carolina, Illinois (who can forget the 1960 election!), Florida (which refused to prosecute the perpetrators), and Indiana, but all over the United States as well (see Ohio, Colorado, Texas, Florida, Tennessee, etc). Despite the interests of the people and the state legislature of North Carolina in ensuring that the voting process in North Carolina is transparent, accountable, and free from illegal voting schemes, the US Federal Court of Appeals for the 4th Circuit (a branch of the federal government; a liberal/progressive fringe element of the federal government), decided to disregard the wisdom of a state legislature and to substitute its judgement for both the people and their duly-enacted government and strike down the Voter ID almost in its entirety.

We know the Constitution protects an individual from discrimination in the exercise of his or her right to vote, and we know that the Constitution demands Equal Protection, so doesn’t this beg the conclusion that the Constitution also requires that common-sense procedures be allowed to be in place (including the right to have a voter prove his or her identity and residence) to ensure that no one’s vote is diluted through this very essential democratic process? After all, if there is one constitutional bright line rule that stands out above all else regarding an individual’s right to vote, it is this: One Person, One Vote. In other words, a person is entitled to have his or her vote count fully and completely, without dilution. Where does dilution come from? It comes from a process where someone’s vote is counted more than others.

So, in light of this decision by the 4th Circuit and with massive fraud and collusion evidenced and confirmed, both working against the American voter, and with the outcome of an election so critically at stake, what can the battleground state of North Carolina do?

The greater question, of course, is what WILL it do?

THE PROBLEM AND THE SOLUTION –

On Wednesday, August 31, the US Supreme Court rejected a last-effort move by Governor Pat McCrory to ensure that our Voter ID law will be in effect on November 8 for the presidential election to reduce likely efforts by the Democratic Party machine (and the Clinton Crime Syndicate) to vote illegally and to cast doubt on and make a mockery of the election process here in North Carolina. The US Court of Appeals for the 4th Circuit handed down an OPINION at the end of July declaring our Voter ID law unconstitutional because it “intentionally discriminates” against African-Americans.” In a split 4-4 decision, the Supreme Court declined to hear an appeal by the state of North Carolina to that preposterous opinion by the 4th Circuit. Because the Supreme Court will not take up the case (which, according to the very words of the Constitution, it was SUPPOSED to hear), the decision of the 4th Circuit is supposed to stand. At least that’s what the federal government would have you believe, and would have the States believe. Article III, Section 2, paragraph 2 of the US Constitution reads: “In all cases where a State shall be a party, the Supreme Court SHALL have original jurisdiction.” Shall = Must. To be sure, the challenge to the Voter ID law was directed at “The State of North Carolina.” In other words, the case NEVER should have been heard in any of the inferior courts – the federal district court OR the 4th Circuit. The ONLY federal court which can hear the case is the US Supreme Court. And since it appears that the Supreme Court has no interest in taking up this particular issue or has no interest in taking up another Voter ID law (it already ruled in 2008 that a strict Photo ID requirement was not an unreasonable burden for ANYONE on their right to vote or their exercise thereof), it would make sense that IF the Constitution was adhered to, North Carolina would have its Voter ID law intact for this upcoming election.

First of all, let’s be clear: the federal courts don’t issue DECISIONS; they issue OPINIONS. On the top of their “judicial decision” is written the words “THE OPINION OR THE COURT.” We have to ask ourselves a very hard question: Do we honestly believe that men (in the case of the Courts of Appeal, it only takes 2 justices out of a panel of 3) should have the full power to make decisions interpreting our Constitution and deciding matters that redistribute power from one rightful party to another? If, when such decisions threaten, burden, or destroy the rights of a State or the rights of the individual, what is the rightful recourse? Is the rightful response to cower, give in, surrender? Or is the rightful response – the American response – to side with traditional American principles of liberty, essential rights, federalism, limited government, the rights of the individual? Is it unconstitutional to ignore abusive judicial “opinions” or is it a proper exercise of civil disobedience and a proper exercise of State sovereignty (under the Tenth Amendment)?

A State must always keep in mind its critical position in the grand scheme of our government system. The Declaration of Independence declares that all men “are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness, and that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, and that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government.” Relying on this very public and very historic document in the design of our common government, our Founders provided several procedural safeguards to secure these essential principles. One of those procedural safeguards – and the most important one for sure – was the division of government power between the States and the federal government. To ensure that the federal government continues to secure the rights of individuals and does not abuse, oppress, or burden them in any way in their exercise of essential liberties, and to ensure that it remains centered on its legitimate objects of governance, the States are supposed to stand up in opposition on every infraction of the federal government. This is a principle of government that supersedes the terms of the Constitution. Implied in the Constitution ratified and adopted by the States is the power of those parties to see that it is enforced.

And so, with a duty expected of it, but a history of subjugation, what should the state of North Carolina do?

It is this citizen’s opinion that North Carolina should do one of seven things: (1) Call the state legislature into an emergency session the week before early voting begins and pass another Voter ID law (making minor changes but still keeping the spirit of the law intact – requiring reliable identification to vote); (2) Ignore the opinion of the 4th Circuit, asserting that the court lacked jurisdiction to hear the appeal (just as the federal district court lacked jurisdiction to hear it), citing Article III, Section 2, paragraph 2 of the US Constitution as legal authority; (3) Ignore the OPINION of the 4th Circuit citing just that… it is only an opinion” and the state, in its equal ability to interpret the Constitution, does not agree; (4) Claim that the opinion directly calls each of the state legislators a “racist,” defames them as individuals and as a political and must be rejected as libelous and therefore illegal; (5) Claim that the opinion offends traditional notions of States Rights and under the Tenth Amendment, the state has the right and duty to defend its sphere of legitimate governing power, which includes common-sense voting laws; (6) Claim that the opinion is a clear violation of the Separation of Powers because the Court went out of its way to substitute its judicial opinion for the legislature’s rightful opinion as lawmakers and therefore illegitimate and unenforceable; or (7) Governor Pat McCrory should issue an Executive Order to all Boards of Election instructing them that a reliable identification is REQUIRED of all persons who show up to vote (and whoever cannot produce one must then-and-there, sign an affidavit and submit to having his or her photo taken). In the Appendix, I have attached a sample Executive Order.

BACKGROUND –

While we are bustling about living our lives – going about our laborious days working (one-third of the time to render to Caesar what is Caesar’s), raising our children, putting them through college, caring for loved ones, taking care of our property – we had hoped that the Constitution would stand, immovable, impenetrable, unshakable, and steadfast for the rights and the principles that over a million Americans sacrificed their lives for. That’s what a constitution is – it is a fixed and permanent rulebook for the government as well as a documented grant of assurance that We the People will be able to live our lives without much government interference. Within only a few years after the Constitution was ratified and the new Union was formed, this was how the Supreme Court understood its significance:

In America, every State in the Union has its constitution reduced to written exactitude and precision. The federal government as well. What is a Constitution? It is the form of government, delineated by the mighty hand of the people, in which certain first principles of fundamental laws are established. The Constitution is certain and fixed; it contains the permanent will of the people, and is the supreme law of the land; it is paramount to the power of the Legislature, and can be revoked or altered only by the authority that made it. The life-giving principle and the death-doing stroke must proceed from the same hand. What are Legislatures? Creatures of the Constitution; they owe their existence to the Constitution: they derive their powers from the Constitution: It is their commission; and, therefore, all their acts must be conformable to it, or else they will be void. The Constitution is the work or will of the People themselves, in their original, sovereign, and unlimited capacity. Law is the work or will of the Legislature in their derivative and subordinate capacity. The one is the work of the Creator, and the other of the Creature. The Constitution fixes limits to the exercise of legislative authority, and prescribes the orbit within which it must move. In short, gentlemen, the Constitution is the sun of the political system, around which all Legislative, Executive and Judicial bodies must revolve. Whatever may be the case in other countries, yet in this there can be no doubt, that every act of the Legislature, repugnant to the Constitution, as absolutely void….. [Vanhorne’s Lessee v. Dorance(1795)]

The Law of the Land is the Constitution of the United States. And this Constitution of ours has a fixed and permanent meaning. All a justice or a judge has to do is consult those original authorities. (But they rarely ever do so, if ever). The meaning is fixed in the Federalist Papers (which Thomas Jefferson called the “best commentary on the Constitution ever written”) and in the debates of the state ratifying conventions. The meaning and intent of the Constitution as understood by each of the States when they ratified it is the PROPER and LEGAL MEANING of the Constitution. Except for the amendment process, which is the only legal way to alter or amend the meaning of the Constitution in order to reflect the changing demands of the people, there is no authority by the federal court system to re-interpret the Constitution from its original meaning. There is only one justice on the Supreme Court now who gets this (Justice Clarence Thomas). Maybe Justice Samuel Alito, another conservative, also understands this. We once thought that Chief Justice John Roberts was a conservative and would abide by this principle. All the others are progressive and believe the Constitution is a piece of wax, to be molded by the times, the circumstances, the exigencies of government, and the changing norms. They believe the Constitution is a “living, breathing document” which means it has no fixed meaning and hence can be altered and re-interpreted at the bench.

Indeed, the Law of the Land is the Constitution of the United States… a document written simply enough for every American to understand for himself that it means. If it protects our essential rights and establishes a limited government, wouldn’t you expect that document to be easily understandable by the People? Otherwise, what good is it? If you always needed a lawyer or some other brainiac to read it to you and explain it to you, how can you ever be sure he is being truthful? And perhaps one of the greatest provisions in the Constitution is the Tenth Amendment. It is the great anchor – or as I like to call it, the “Lead Weight” – that restrains government. Government loves to cite the Supremacy Clause to bolster its laws and policies, but it never cites the Tenth Amendment. Both are equally dynamic provisions of the US Constitution; both define the scope and force of the government. The Supremacy Clause pushes against the States while the Tenth pushes against the federal government. While the government can rightfully claim as its supreme authority, the States can equally claim as ITS supreme authority.

So what DOES the Constitution say? The phrase “the right to vote” appears for the first time in Section 2 of the Fourteenth Amendment, which says that states shall lose congressional representation “when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime.” The Fourteenth Amendment, ratified in July 1868, has been criticized by several historians and students of the Constitution as having been unconstitutionally passed by Congress and illegitimately ratified by the federal government. In other words, it’s passage in Congress and adoption by the States did not meet constitutional requirements (as well as can be challenged under contract theories; coercion nullifies an agreement).

The section talks about the penalty for withholding the ballot but nowhere in the Constitution does it provide that every citizen necessarily has the right to vote. It is nowhere in the Bill of Rights. The Fifteenth Amendment, on the other hand, which was passed two years later in 1870, does speak specifically of “the right to vote.” The Fifteenth Amendment reads: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.”

This particular phrase, “the right to vote of citizens of the United States,” appears again two more times, each connected with a protection from abridgement. The Nineteenth Amendment provides that the “right to vote of citizens of the United States” will not be abridged on account of gender (suffrage) and the Twenty-Sixth Amendment provides that the “right to vote of citizens of the United States” will not be abridged on account of age (18 years or older). With the amendments come a cause of action to be adjudicated and enforced by both courts and Congress. The fact that the Constitution had to ADD these amendments – to protect the “right” to vote from discrimination based on race, gender and age implies there is no explicit right to vote in the Constitution. Explicit rights, like those in the Bill of Rights, apply to all citizens regardless of any differences.

Article I, Section 4 of the Constitution provides for the “Times, Places, and Manner of Holding Elections for Senators and Representatives.” This provision allows for the popular election of senators and representatives. According to Section 4, the States have the power to prescribe such conditions (time, place, and manner), although Congress may, at any time, alter such regulations. In fact, Congress did so in 1945. By statute, it mandated a uniform date for presidential (3 U.S.C. § 1) and congressional (2 U.S.C. § 1 and 2 U.S.C. § 7) elections – the Tuesday following the first Monday in November. Article I says nothing about the right to vote. Article I says nothing about early voting, Sunday voting, or any other extension of the period to cast a vote.

Article II, Section 1 provides for the election of Electors, which will be responsible for the selection of president. “Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the State may be entitled to in the Congress….. The Electors shall meet in their respective States [and vote for President and Vice President].” Article II says nothing about Congress having any power to regulate the process of choosing electors, except that it may determine the time of choosing the Electors and the Day on which they must render their votes. The Constitution, however, says nothing about the right of citizens to vote for President. QUESTION: Does this mean that the Fifteenth, Nineteenth, and Twenty-Sixth Amendments’ protections of the right to vote apply only to the selection of senators and representatives? This is perhaps a question for another day and another article.

Looking at just the US Constitution, then, there would appear to be no fundamental right to vote thus requiring the government to scrutinize the process so intently. On the other hand, there is an explicit right to vote provided in virtually every state constitution. The exercise of the right to vote therefore a state matter. That is to say, states cannot deny citizens the right to vote, but they can regulate the process to address issues they believe are important. Voting laws are the rightful exercise of state government power. And this probably makes sense since it was understood from our Founders that there could be reasonable restrictions on the right to vote. In earlier days, the right to vote was limited to those who had property, for example. If the government could come after you and seize, tax, or regulate your property, then it was believed there should be “skin in the game.” There could be residency requirements and even reasonable literacy tests in order to make sure that a person had a modicum of understanding in order to vote. [The Supreme Court has continued to acknowledge that literacy tests in general are constitutional (under the States’ police powers), but Congress can prohibit them, under the Voting Rights Act, if they are used to intentionally discriminate against minorities]. The Supreme Court holds that under the Constitution, only the States have the right to set voter qualifications. In the grand scheme of things, the right to vote would seem to be a “privilege” – an incident of citizenship. Essential rights (historically-held individual rights) are those that are held to be inherent in one’s humanity. They are rights that do not come from government. That is why governments are prohibited from taking them away, and that is why the Declaration articulates that the primary role of government is to protect them for every individual. These are the liberty interests protected in the Bill of Rights. We see no restrictions like photo ID (upheld by the Supreme Court), literacy tests, residency requirements, etc on our rights of Speech, Press, our right to counsel, due process, etc. Privileges, on the other hand, are not inherent in our humanity but derive from society. Our society, in particular, is designed as a representative democracy which implies that individuals will select the representatives to government on their behalf. Unfortunately, it seems clear that the Constitution doesn’t embrace the notion that individuals have a say in the selection of president. And from Article I, it seems clear that States have the inherent right and power to regulate elections for Congress. As such, it would seem then that they have the right to regulate voting and elections in a neutral and reasonable manner for the “benefit of an ordered society” and to meet state interests.

With respect to Article I, the US Congress has not passed any law requiring an early voting period. It is up to each individual State. This is important in looking at our North Carolina Voter ID law and exactly WHAT citizens are entitled to when it comes to their right to vote and their exercise of that right. The States have historically enjoyed the power to regulate voting and regulate their elections as they see fit; it comes under their general Police Powers covered and protected by the Tenth Amendment. In fact, up until 1991, the election of president and members of Congress was essentially held on only one day – Election Day. My guess is that most state constitutions only guarantee one day of voting. North Carolina’s state constitution only guarantees one day of voting.

Many states have had some degree of early voting for a long time, and that “early voting” was typically allowing the casting of “absentee” votes in a county clerk’s office shortly before election day. But in the 1990’s, several states moved to adopt early voting in a significant way. Texas, which began to use early voting in selected elections and counties in the late 1980’s, expanded its use in the 1990’s. Oklahoma adopted early voting in 1991 and Tennessee, New Mexico, and Nevada in 1994. A number of states adopted early voting after the 2000 election and have continued the practice in subsequent elections. Among them are Arkansas, North Carolina, and West Virginia, which have high rates of early voting and low rates of absentee voting, and Florida, which has high rates of both. Texas and Tennessee have the highest rates of early voting. Along with Nevada, they reported over 40% in 2004. Arkansas, New Mexico, and North Carolina reported over 25 percent and Florida and Colorado almost 20%. A number of states, including Illinois and Maryland, enacted legislation to allow early voting in 2006.

While States have noted the benefits of Early Voting (enlarging access to the ballot box and making it easier for certain folks to vote), some have noted the drawbacks – the greater opportunity for fraud. Since the 2000 presidential election recount in Florida, paranoia about the integrity of the U.S. election system has increased. A Pew Research Center survey found that 48% of Americans were confident that “the votes across the country were accurately counted” in the 2004 election. In subsequent elections, confidence would be further eroded. Indeed, after the 2012 election, only 31% of Americans nationwide had confidence in the process. 69% felt the process was corrupted and the outcomes not necessarily trustworthy. There was a perception that people were not taking the process seriously. There was a fear of votes being stolen or being rendered meaningless because of voter fraud. Even if evidence of actual ballot tampering and voter fraud was not made public, the fear was still there.

It wasn’t just the States that were concerned about fraud. In 2005, the Commission on Federal Election Reform (aka the Carter-Baker Commission) made a bipartisan recommendation for voter identification at the polls because of the growing lack of confidence in integrity of the voting process. Even the government acknowledged a legitimate state interest in ensuring and protecting the integrity in the voting process.

Ever since Americans have lost faith in the integrity of the election process and the honesty of the voting process, voter identification has become an important provision in most state voting laws. Many states have opted for some form of photo ID provision, although some states have included other forms of identification that will serve as well. In these laws, there are procedures for when a voter does not have identification: If a voter fails to show the ID that is asked for by law, states provide alternatives and these alternatives fit into two categories – non-strict and strict.

Voter ID laws that are “non-strict” provide at least some voters who lack acceptable identification when they show up to vote to have an opportunity to cast a ballot that will be counted without further action on the part of the voter. For instance, a voter may sign an affidavit of identity, or poll workers may be permitted to vouch for the voter. In some of the “non-strict” states (Colorado, Florida, Montana, Oklahoma, Rhode Island, Utah and Vermont), voters who do not show required identification may vote on a provisional ballot. After the close of Election Day, election officials will determine (via a signature check or other verification) whether the voter was eligible and registered, and therefore whether the provisional ballot should be counted. No action on the part of the voter is required. In New Hampshire, election officials will send a letter to anyone who signed a challenged voter affidavit because they did not show an ID, and these voters must return the mailing, confirming that they are indeed in residence as indicated on the affidavit.

With “strict” Voter ID laws, on the other hand, voters without acceptable identification must vote on a provisional ballot and also take additional steps after Election Day for it to be counted. For instance, the voter may be required to return to an election office within a few days after the election and present an acceptable ID to have the provisional ballot counted. If the voter does not come back to show ID, the provisional ballot is not counted.

While states wanted to enact laws to safeguard the integrity of the voting process, many were already walking a narrow line with the federal government on account of their history of past discrimination against African-Americans. They understood that if their laws were challenged, and challenged as being discriminatory, they would surely see them struck down under the Voting Rights Act of 1965. The key provision of the Voting Rights Act – Title IV – identified nine Southern States along with specific districts in other states (including almost all of the districts in NC) as having a history of intentional discriminating against African-Americans and disenfranchising them in their right to vote. Consequently, these states and districts were required to submit their voting laws and voting practices, including voter ID laws, redistricting, and even the moving of polling locations with the US Justice Department for pre-clearance. In other words, if the US DOJ found that any voting law, redistricting plan, or movement of polling location evidenced a plan to discriminate against African-Americans, then the law or plan would be struck down under Title IV.

But in 2013, the Supreme Court struck down Title IV in the case Shelby v. Holder as being outdated. In writing for the majority, Chief Justice John Roberts relied on data which showed that the US government was using outdated information, going back over 40 years, to continue to claim racial discrimination in those states. Roberts wrote that the system is based on “40-year-old facts that have no logical relationship to the present day.” He continued by writing that the government can no longer continue singling out certain states by relying on the past.

The Court argued that an extraordinary corrective is no longer needed when the problem ceases to exist.

In writing the decision, Chief Justice Roberts also relied on comparison data to show that when the Voting Rights Act was enacted, only 6% of African-Americans were registered to vote in Mississippi, a state noted for its civil rights violations. In the 2004 election, African-American voter registration was 76% in Mississippi, almost four percentage points higher than the white registration rate. In the 2012 election, Chief Justice Roberts wrote: “African-American voter turn-out exceeded white voter turn-out in five of the six states covered by the pre-clearance requirement.” With Title IV invalidated, the meat of the Voting Rights Act is gone. Title V is really meaningless without Title IV, and many lawyers believe that it will be struck down soon as well.

“The Selma of 1965 and the Selma of 2016 are very different places. When it comes to the franchise, this is in no small part because the Voting Rights Act did what it was supposed to do: namely, eliminate the scurrilous “tests and devices” (such as literacy tests) used to keep certain groups of voters from the ballot box. Liberals should be cheering the fact that we are no longer in need of the most aggressive provisions of the Voting Rights Act.” [“North Carolina’s Voter ID Law Should be Restored,” The National Review, 2016]

THE NC VOTER ID LAW –

In 2010, the North Carolina witnessed a historic election for its state government. For the first time since the 1800’s, the people of the state elected a Republican majority. One of the popular mandates of that election was that the newly-elected representatives would deliver on a promise to enact a common-sense Voter ID law to ensure voter integrity. For years, it appeared that the legislature was stalling on its promise.

What the legislature was doing was trying to draft a law that would survive Title IV scrutiny. It was consulting with attorneys to navigate the area of Voter ID laws and the Voting Rights Act.

But after the 2013 Shelby decision, the NC legislature decided to alter its earlier voter law to make it harder to commit voter fraud or to engage in any improper voting schemes. North Carolina took very seriously the constitutional standard of “One Person, One Vote.” And so, in 2013, the legislature enacted HB 589, the NC Voter ID law. It essentially altered the state’s earlier voting law by adding a photo ID requirement and five provisions which either restrict the early voting period or restrict registration. The law was considered a “strict” voter ID law.

Under the NC Voter ID law, every person voting in person must present a photo identification, except for a registered voter voting curbside (other options for identification are available) and for a registered voter who has a sincerely held religious objection to being photographed (that person must have filed a declaration with the local Board of Elections at least 25 days before the election]. The original law (2013) provided that any voter who did not comply with the photo ID requirement would be permitted to vote by provisional ballot but that vote would not count unless that person showed up in person at the Board of Elections office by noon on the day prior to the convening of the election canvassing with a valid ID. (The ID requirement would end up being softened, as will soon be explained).

Now, after the Shelby decision and after having lawyers review the language of its Voter ID law to make sure it passes constitutional muster, the NC legislators were pretty confident that they had enacted something that would bring honesty and integrity back to the state’s voting process. They had done their due diligence. A voter ID requirement in fact had been upheld by the US Supreme Court as a reasonable limitation on a person’s exercise of voting rights.

In 2005, Indiana passed a strict Voter ID law. It was the most restrictive voter law at the time. The strict photo identification requirement in order to cast a vote was challenged as being an unreasonable burden on the right to vote and that challenge made its way to the Supreme Court in 2008. [Crawford v. Marion County Election Board, (2008)]. Civil rights groups (including ACORN), the Women’s League of Voters, and other groups filed amici briefs challenging the constitutionality of the ID requirement. After concluding that no voter would conceivably be precluded from voting under the law, the Supreme Court upheld the constitutionality of the photo ID requirement, finding it closely related to Indiana’s legitimate state interest in preventing voter fraud, modernizing elections, and safeguarding voter confidence.

Justice John Paul Stevens, who wrote the majority opinion, stated that the burdens placed on voters are limited to a small percentage of the population and were offset by the state’s interest in reducing fraud. He opined: “Because Indiana’s cards are free, the inconvenience of going to the Bureau of Motor Vehicles, gathering required documents, and posing for a photograph does not qualify as a substantial burden on most voters’ right to vote, or represent a significant increase over the usual burdens of voting. The severity of the somewhat heavier burden that may be placed on a limited number of persons-e.g., elderly persons born out-of-state, who may have difficulty obtaining a birth certificate-is mitigated by the fact that eligible voters without photo identification may cast provisional ballots that will be counted if they execute the required affidavit at the circuit court clerk’s office. Even assuming that the burden may not be justified as to a few voters, that conclusion is by no means sufficient to establish petitioners’ right to the relief they seek.”

Justice Scalia wrote separately in a concurring opinion: “The law should be upheld because the overall burden is minimal and justified.” He went on to state that the Supreme Court should defer to state and local legislators and that the Supreme Court should not get involved in local election law cases, which would do nothing but encourage more litigation. “It is for state legislatures to weigh the costs and benefits of possible changes to their election codes, and their judgment must prevail unless it imposes a severe and unjustified overall burden upon the right to vote, or is intended to disadvantage a particular class,” he wrote.

In addition to the challenge that the strict ID requirement was an unreasonable burden on the right to vote, civil rights groups alleged that the requirement benefited Republicans and harmed Democrats at the ballot box (because Democrats include more poor people and minorities). Justice Stevens, joined by Justices Scalia and Kennedy, disregarded that argument and wrote: “The justifications for the law should not be disregarded simply because partisan interests may have provided one motivation for the votes of individual legislators.”

What exactly does the Indiana Voter ID law require of each voter when he or she shows up to vote? This is important because according to the Supreme Court, the ID requirement is NOT an unreasonable limitation on the right to vote. The Supreme Court did not say it was not an unreasonable limitation on the right to vote for a WHITE person. The Court held that the limitation was not an unreasonable limitation on any person’s right to vote.

Under the Indiana Voter ID law, voters MUST have a specific form of ID in order to vote. The ID must be issued by the state of Indiana or the U.S. government and must show the following:

• Name of individual to whom it was issued, which must conform to the individual’s registration record

• Photo of the person to whom it was issued

• Expiration date (if it is expired, it must have an expiration date after the most recent general election; military IDs are exempted from the requirement that ID bear an expiration date)

Voters in Indiana who are unable to or decline to produce such an identification may vote a provisional ballot. The ballot is counted only if: (1) the voter returns to the election board by noon on the Monday after the election and: (A) produces proof of identification; or (B) executes an affidavit stating that the voter cannot obtain proof of identification, because the voter: (i) is indigent; or (ii) has a religious objection to being photographed; and (2) the voter has not been challenged or required to vote a provisional ballot for any other reason. [Indiana statute §3-5-2-40.5, 3-10-1-7.2 and 3-11-8-25.1]

It should be noted that Indiana is racked with voter fraud. Just last week, on October 6, a massive voter fraud scheme was discovered. Democrats and unions were found to be paying people to go vote in Illinois. [And Democrats, minorities, the US DOJ, and the federal courts still like to insist that voter fraud is imaginary and unsubstantiated].

In 2014-2015, the NC chapter of the NAACP, other civil rights groups, and the US Department of Justice challenged the NC Voter ID law (HB 589) as being discriminatory against African-Americans. The challengers alleged that the NC legislature (Republican majority) selectively chose voter-ID requirements, reduced the number of early-voting days, and changed registration procedures in ways meant to harm blacks, who overwhelmingly vote for the Democratic Party. The specific provisions that were challenged were:

(i) Photo ID

(ii) Elimination of the first week of Early Voting (cutting down the total number of early voting days from 16 to 10)

(iii) Elimination of one of the two Sunday voting days (“Souls to the Polls”)

(iv) Elimination of Same-day registration

(v) Elimination of provisional votes (including out-of-precinct votes)

(vi) Elimination of Pre-registration (permitting 16 and 17-yr-olds, when obtaining a driver’s license, to indicate their intent to vote)

In anticipation of the lawsuit and almost on the eve of the start of the trial (federal district court, Winston-Salem), the legislature met in session to quickly amend the strict ID requirement. The Voter ID bill was amended it to provide more relaxed options to those who show up to vote without a photo ID. Under the amended NC Voter ID law, voters who lack a photo ID (those who claim they cannot obtain one) would be able to cast a ballot after providing their birthdates, the last four digits of their Social Security number, and an affidavit stating that there is a “reasonable impediment” to their ability to present a photo ID. As a result of the “relaxed” ID requirement, the NC voter ID law was reclassified as a “non-strict” voter ID law.

The trial, which began in July 2015 and concluded in January 2016 (the provisions were addressed in two separate phases) vindicated the NC General Assembly. The federal district court upheld the provisions, including the relaxed photo ID requirement. Although Reverend Barber characterized the bill as a return to Jim Crow, Judge Schroeder did not agree. He sided with the position advanced by Governor Pat McCrory: “The history of North Carolina is not on trial here.” Judge Thomas Schroeder wrote: “There is significant, shameful past discrimination. In North Carolina’s recent history, however, certainly for the last quarter century, there has been little official discrimination to consider.”

In upholding the NC Voter ID bill, Judge Schroeder wrote: “North Carolina has addressed legitimate state interests with its voter identification requirement and electoral system. The provisions of the bill are consistent with the mainstream of other states.”

Barber, the US Department of Justice, other civil rights groups, and other appellants quickly filed an appeal to the US District Court of Appeals for the 4th Circuit (which covers appeals from district courts in NC, SC, VA, MD, and WV, and is situated in Richmond, VA). They continued their racial claim against the NC legislature, alleging that by eliminating tools that make it easier for everyone to vote, they really did so to harm African-Americans in their ability to get out to vote since those tools particularly benefitted that minority group. This past July, the 4th Circuit reversed the decision of the lower federal court, sided with the civil rights groups, and struck down all the provisions that were challenged.

The Supreme Court, the highest federal court of the land, upheld a strict Photo ID law (strict photo ID requirement to vote) in Indiana, concluding that it was not an unreasonable limitation or burden on the right to vote. North Carolina’s Voter ID law, however, which is a “non-strict Photo ID” law, was struck down by the same federal court system. I don’t understand.

In fact, the federal courts are all over the place with respect to strict voter identification laws. (Which makes it very likely that the Supreme Court will have to agree to hear another such case). While the Supreme Court has held that the federal government cannot single states out based on its prior history of discrimination, the federal courts are continuing to do just that. The official proclamations say one thing but in practice, the justices continue as if the Shelby decision was never handed down. For example, on March 23, 2015, the US Supreme Court declined to hear a challenge to Wisconsin’s strict voter ID law. Wisconsin’s law absolutely requires that a photo identification be shown before a voter is allowed to cast a ballot. The law is now in effect. In 2011, Texas’ strict photo ID provision was struck down as violating the Voting Rights Act and Arkansas’s strict voter ID law was struck down as well.

DECISION OF THE 4th CIRCUIT —

The US Federal Circuit Courts of Appeals represent the federal appellate court system. There are 12 such Courts of Appeals to serve the 12 federal appellate jurisdictions (aka, 12 federal circuits). North Carolina is covered by 4th Circuit. Appellate courts do not hear a case in the first instance; that is, they are not the trial court and do not listen to or sift through the evidence. Instead, they hear a case on appeal, addressing errors of law (specifically, errors in the application of law to the facts). An appeal to a Circuit Court of Appeals is heard by a panel of 3 judges. And an opinion is issued by either 2 or 3 of those judges. That’s it. Agreement among 2 or 3 judges… that’s what constitutes a judicial “opinion” by the federal judiciary at the appellate level. In most instances, since the Supreme Court will only agree to review a very small fraction of their opinions, the opinion of this judicial “majority” will be the law of the land for the particular judicial district. I find this astounding and frankly, I find it disturbing and unacceptable.

While the district court heard the evidence and weighed the legitimate interests of the state versus the possible burden to African-American voters, and concluded that law was a reasonable exercise of legislative power and discretion and in fact, was consistent with other laws which have been upheld by higher courts. A different court, the 4th Circuit, concluded just the opposite. It completely dismissed the legitimate state interests (in addressing voter fraud), accused the legislature of using voter fraud as a mere pretext for intentionally targeting African-Americans and making it harder for them to get out and vote. Two different courts, two radically different conclusions. One listened to testimony and addressed the evidence first hand, the other did not. One was willing to defer to the wisdom and judgement of a legislature duly elected by the people of the state who, with their votes, sent a mandate for voter reform. The other was too willing to dismiss that wisdom and judgement and substitute its own.

What this sounds like to me is a case of different judges bringing different politics and different ideology to the bench and using them to guide their decision rather than simple rules of statutory and constitutional construction.

The opinion of the 4th Circuit, to say the very least, was a very disturbing one. In my opinion, in the 21st century, there is no place for an opinion as racially charged as this one. There has been absolutely no evidence that there is any de jure discrimination against African-Americans in the state of North Carolina to warrant such accusations.

Let’s consider just how insane the opinion of the 4th Circuit is. First of all, in writing the opinion for the court, Judge Motz concluded: “After years of preclearance [that would be Title V of the Voting Rights Act of 1965, passed to remedy the effects of Jim Crow and the poll taxes and literacy tests that were used in certain southern states to keep African-Americans away from the polls], by 2013 African-Americans were poised to act as a major electoral force. [The fact that an African-American was running for president was a major factor in energizing them to vote; this was not mentioned by the Court]. But, on the day after the Supreme Court issued Shelby County v. Holder, 133 S. Ct. 2612 (2103), eliminating pre-clearance obligations[striking down Title IV], a leader of the party that newly-dominated the legislature (and the party that rarely enjoyed African-American support) announced an intention to enact what he characterized as an omnibus election law. [The Court was not correct here. The Republicans have dominated the legislature since 2008, when an election mandate sent a clear message that Democratic policies were no longer to be tolerated. Furthermore, the Republican Party has long been the political party that has enjoyed African-American support; in fact, from 1860-1964, the Republican Party has been the ONLY party to recognize and fight for the civil rights of African-Americans]. Before enacting that law, the legislature requested data on the use, by race, of a number of voting practices. Upon receipt of the race data, the General Assembly enacted legislation that restricted voting and registration in five different ways, all of which disproportionately affected African-Americans. In response to claims that intentional racial discrimination animated its action, the State offered only meager justifications. [The court did not consider voter fraud to be a legitimate justification and in fact, the trial court before it heard no evidence of the enormity of actual voter fraud here in our state]. Although the new provisions target African-Americans with almost surgical precision, they constitute inapt remedies for the problems assertedly justifying them and, in fact, impose cures for problems that did not exist. [Again, the court substituting its judgement and its knowledge of what goes on here in NC, not believing that voter fraud is a legitimate problem]. Thus, the asserted justifications cannot and do not conceal the State’s true motivation. In essence, the State took away minority voters’ opportunity because they were about to exercise it. This bears the mark of intentional discrimination.”

** Note that the opinion is in italics. MY comments are added in brackets and are highlighted.

The OPINION of the 4th Circuit Court of Appeals states, in spirit and effect, that African-Americans are entitled to special guarantees when it comes to their exercise of the right to vote. It states that while restrictions and limitations are indeed allowable and even constitutional, and while they are not an unreasonable burden to white Americans or even to Hispanic Americans, they are not permissible for African-Americans. That is exactly what the decision states. By holding one race to lower standards of compliance, I would venture to say that the opinion is racist. And by implying that a State MUST hold that race to lower standards, it is forcing racism in its law-making. What the decision also states, and what I find also extremely disturbing, is that while the legislature has a legitimate and important state interest at hand and is willing to enact a neutral piece of legislation to address it, just because a group of justices can be convinced by a minority group that it was enacted with an intent to discriminate, the justices puts the opinion of the majority group over the legitimate interests of a state governing body. In other words, the justices can willy-nilly substitute their opinion for the collective decision of a duly-enacted state legislature, vested with the right and authority to legislate on the very issue.

The court’s legal reasoning is not exactly sound. The notion that rolling back same-day registration or shortening early-voting periods is unconstitutional is absolutely absurd. Early voting began in 1988, and thirteen states still do not have it, while same-day registration is still not available in some three dozen states. Are all of these jurisdictions in violation of the Constitution? In North Carolina, citizens – ALL citizens – were only given one day to vote… Election Day until the late 1990’s. Was North Carolina violating the Constitution?

I find it interesting that as the 4th Circuit addressed the photo ID provision of the NC Voter ID law, the judges ended up engaging in their own racial stereotyping of African-Americans. Actually, they merely endorsed the inherent racial stereotyping of Reverend Barber, the NC NAACP, other civil rights groups, and even the US Justice Department. It was the testimony of Justice Department officials who explained that “black voters would be hurt by North Carolina’s law” because they are “less sophisticated” than their white counterparts. There was no mention by these civil rights groups, or the US DOJ or the 4th Circuit, as to whether the “unsophistication” also prevents them from taking advantage of the provisions whereby the state provides a free ID to anyone who doesn’t already have one AND that citizens can still vote even without an ID if they sign a form at the polling place asserting that there was a “reasonable impediment” that kept them from getting the free ID.

Indiana’s ID requirement, stricter than North Carolina’s, was upheld as reasonable. And an almost identical ID law in South Carolina with the “reasonable impediment” exception was upheld as non-discriminatory by a three-judge federal court in 2013. Georgia’s Voter ID law was upheld in 2008 and a challenge to Indiana’s law failed. Without a doubt, there is strong and broad popular support for voter-ID laws (except by the Democratic establishment). A 2012 Washington Post poll recorded support among nearly two-thirds of blacks and Latinos. In June 2015, 76% of respondents, including 58% of self-identified Democrats, supported voter-ID laws.

Why does race continue to frustrate common-sense legislation?

As the National Review wrote: “The Fourth Circuit went out of its way to ignore evidence, impugn the motives of North Carolina’s legislature, and concoct specious legal rationales to forward a political agenda.”

Nowhere does the Constitution say that African-Americans are ENTITLED to a DIFFERENT set of standards, are ENTITLED to AN EXTRA WEEK of Early Voting, or are ENTITLED to SUNDAY VOTING. These are just SOME of the provisions of the NC Voter ID Law that the 4th Circuit held to be intentionally discriminatory against African-Americans. The 4th Circuit held that the Voter ID law evidences an INTENTIONAL DESIGN and an DISCRIMINATORY INTENT by the North Carolina legislature to deny African-Americans their right to vote, likening them to the Southern Democrats of the 1860’s thru the 1960’s who used poll taxes, literacy tests, scare tactics, and force to prevent African-Americans from voting. If I were the NC legislature, I would sue the 4th Circuit for slander and libel. The Voter ID law passed in Indiana was a “strict photo ID” law (stricter than North Carolina’s law) and it went before the Supreme Court in 2008. In an opinion authored by the most liberal member of the Court at the time, the Supreme Court found that a Photo ID requirement was NOT AN UNDUE BURDEN to ANY citizen. In fact, just a few years earlier, a federal government committee looking into the election process took a number of polls and found that only 31% of Americans had confidence in the integrity of the election process. In other words, 69% of Americans believed that our election process is corrupt and racked with fraud. With that finding, states began enacting voter ID laws, some requiring a photo ID. Indiana was one and so was Texas. it was this law that went to the Supreme Court. LET ME ASK YOU A QUESTION – and I wish I could ask this directly to the judges of the 4th Circuit: If a strict Photo ID requirement (in Indiana’s Law) was found by a LIBERAL Supreme Court to be a permissible and constitutional condition on the exercise to vote and found NOT TO BE AN “UNREASONABLE” BURDEN on ANYONE, how is it that a lesser federal court can find that a photo ID requirement in NC’s law, which is not as strict as Indiana’s, is unconstitutional?? How is it that the LIBERAL Supreme Court can find that a strict Photo ID requirement (in Indiana’s Law) is a permissible and constitutional condition on one’s exercise to vote and is NOT an unreasonable burden on ANYONE but a lesser federal court can find that the photo ID requirement in NC’s law, which is not as strict as Indiana’s, is an unreasonable burden on AFRICAN-AMERICANS? No other minority group was found to be burdened.

All this talk is about what provisions African-Americans are specifically entitled in order to secure and protect their right to vote. But where is the talk about the security and protection of everyone’s vote against voter fraud? Shouldn’t a constitution that provides for “One Person, One Vote” also provide for protection of individuals in their right to vote from dilution due to voter fraud?

If there is a legitimate state interest that the law addresses, the mere fact that a minority group can show that it burdens them (which is questionable at most, and highly exaggerated at the very least) should not undermine and invalidate the fact that such an important interest is being served. After all, minority groups (and one in particular) will always claim special circumstances so as to frustrate common-sense laws and cry “discrimination” and most often so when it benefits the agenda of a political party. For many years, the Democratic Party has been able to brainwash this group of minorities into believing that it alone will address their concerns. Aside from enlarged welfare and entitlement programs and continuing to convince them that they are victimized by white society and discriminated against in every aspect of society, all of which, in sum total, leaves them believing that they are a disadvantaged class, the Democratic Party has done very little for these individuals. Most live in “comfortable poverty,” live in inner-cities or poor areas of town, find it increasingly difficult to find jobs (in part because they opt for welfare, choose to treat education lightly, have children outside of wedlock, or because the Democratic Party encourages open immigration of Hispanics who eagerly work but work jobs that take away most of the opportunities for African-Americans), and suffer from the effects of an ever-growing erosion of the black family. All these realities for the “disadvantaged” African-American have been created by years and years of Democratic law-making and policy-making.

This particular minority group alleges many reasons why it is different from other groups and other members of society… its members are poorer, less educated, have weaker family structure, poorer health, heavier and less able to move, less likely to have cars to get around, more illiterate, and the list goes on and on. With a list like that, how can any law not be disparately burdensome to them.

A photo ID is too burdensome for African-Americans, according to agents (judges) of the federal government. In fact, it rises to the level of outright discrimination. As the court explained, it’s just too hard for African-Americans to get the most common kind of photo ID – the one issued by the DMV. “African-Americans disproportionately lack the most common kind of photo ID… They are disproportionately likely to move, be poor, be less-educated, have less access to transportation, and experience poor health.” Yet it appears that in order to collect a check when you are poor and to pick up medication at the pharmacy, one needs a photo ID. At least, I’ve always been required to show an ID to cash a check, write a check, and to pick up medication for myself or any of my children. According to the court’s reasoning, the mere fact that such a requirement is included in a law, knowing that African-Americans are so lacking in several key areas of functionality in society, automatically makes that provision an act of intentional discrimination against them.

Hence, we’re back to two sets of standards; One set of provisions applies just fine to every person in the North Carolina, except African-Americans. And a different set of provisions applies to African-Americans. Hmmmm, sounds like we are back to Jim Crow, except that now it’s sponsored by the federal government. And while the first era was motivated by the Democrats and Southern Democrats believe that blacks are inherently inferior to whites and shouldn’t co-mingle, the current era is motivated by the government’s belief that blacks are less capable of doing for themselves and functioning in society at the same level as other races. It’s intentional racism either way.

So I guess it means that African-Americans don’t need a photo ID to collect a welfare check. That’s just too discriminatory. Let the rampant welfare fraud ensue. At that point, I will willfully withhold my federal income tax and encourage others to do so as well. Because I work hard for my paycheck, I at least make sure to spend my money carefully and take precautions against identify fraud. I guess African-Americans don’t need a photo ID to get a gun. That’s just too discriminatory. Already, too many guns are landing in the hands of African-Americans unlawfully. Nationally, blacks commit shootings at a rate of 11% more than whites. In New York City, blacks make up 23% of the population and whites makes up 33% of the population, yet blacks commit 75% of the shootings while whites commit only 3%. If blacks were represented at 33% of the population in NYC, like whites, then they would account for 107.6% of shootings. That would mean that in NYC, blacks commit 35 times as many shootings as whites. Across the East River from Manhattan (NYC), in Brooklyn, there are two neighboring communities. There is the predominantly black community of Brownsville and the predominantly white and Asian community of Bay Ridge. There are 81% more shootings in Brownsville than Bay Ridge. [Bill Whittle discusses the facts obscured by the Black Lives Matter movement –https://www.facebook.com/profile.php?id=100004657054354&fref=ts%5D

Can you imagine if we applied the same standard and same rationale to gun purchases as our courts are applying to the NC photo ID requirement in its Voter ID law – that is, that it is discriminatory to require blacks to show a photo ID when applying for and purchasing a gun? Would that be insanity? But you can’t hold one standard for voting and another for requiring a photo ID for the exercise of any other right or privilege of citizenship in the United States.

Again, a “strict” photo ID requirement was challenged in the Indiana Voter ID law as an undue burden and an unreasonable restriction on the right to vote and the US Supreme Court said NO IT’S NOT! The NC ID law, which is less stringent than the Indiana law and is more relaxed than the Indiana law when it comes to those persons who can’t get a photo ID was challenged as “Racist.” And because it was challenged as Racist rather than Burdensome, apparently the federal court used a different standard. What is “reasonable and not an undue burden” to all citizens in Indiana (including blacks, whites, Hispanics, Asians, etc), apparently is a burden only to African-Americans in North Carolina. It makes no sense at all. Truly, the term “racism” obscures the real meaning of the one term that blacks valued so much in the past — “Equal Protection.” Racism now is a term used to get “special” treatment and “special” protection. It’s a mockery of our Constitution and our laws.

The assertion that really enraged me in the opinion was when Judge Motz wrote: “The asserted justifications cannot and do not conceal the State’s true motivation. In essence, the State took away minority voters’ opportunity because they were about to exercise it. This bears the mark of intentional discrimination.”

Judge Motz talked about intentional discrimination, but what he was really outraged about was the fact that the restrictions might (and no one actually believes it will happen) prevent African-Americans from turning out at the polls to support the Democratic Party. The panel was concerned that the Democratic Party might somehow be harmed by the Voter ID bill – not that African-Americans are somehow overly burdened by its provisions. That’s why the panel talked about the legislature in terms of a political party (“the party that newly-dominated the legislature (and the party that rarely enjoyed African-American support”) and then talked about African-Americans in terms of a political party (acknowledging that they don’t support the party that newly-dominates the legislature). Because politics is really the motivation behind the 4th Circuit’s opinion, and because the judges ignored legal precedent (the Crawford v. Marion County decision), the opinion should be ignored. Moreso, the Supreme Court should have noticed this error and agreed to reverse the decision. The part of the Crawford opinion I am referring to, of course, is this statement: “The justifications for the law should not be disregarded simply because partisan interests may have provided one motivation for the votes of individual legislators.” This statement was the joint opinion of both liberal and conservative members of the Supreme Court – Stevens, being a strong liberal, and Scalia, being a strong conservative.

The opinion of the 4th Circuit is extremely troubling for another reason, and I touched on it earlier. The federal judiciary – again, a branch of the federal government – is clearly attempting to influence and burden states (and particularly those who had discriminated against African-Americans in their right to vote many, many years ago and which, according to the Supreme Court in Shelby v. Holder, 2013, were no longer to be prejudiced or bound by past discrimination in the eyes of government or the courts) by telling them that they MUST enlarge opportunities for African-Americans to exercise their right to vote. It is a very racial decision. Against the judgment of the Supreme Court, courts like the 4th Circuit appear to continue with the automatic presumption that the South continues to racially discriminate and that it is their job, and the job of the federal government, to sift through their laws, pull away the veil of equal-treatment, and find the embedded racism. And since when does the federal government have the authority to dictate how States should conduct their affairs under their traditional police powers (powers reserved under the Tenth Amendment)? Repeatedly, the Supreme Court has said the government cannot do so.

With the opinion by Judge Motz, we are left with the question, which is a very constitutional one: “What are voters actually entitled to when it comes to early voting and opportunities to register?” And what are African-Americans specifically entitled to, above and beyond what are offered to persons of other races?

The States and We the People ourselves must free ourselves from the mindset that federal judges have the absolute wisdom and integrity to declare what the law is and interpret what the Constitution means. Two or three ambitious, “politically-appointed” and “politically-motivated” judges do NOT authoritatively say what the law is. THE CONSTITUTION ITSELF DEFINES WHAT THE LAW. And judges and the federal government cannot twist, mis-interpret, re-interpret, or ignore what it says. States are sovereign equivalents to the federal government, if not superior. Indeed, in most aspects of law-making, they have reserved powers which are beyond the reach of the federal government and are to be respected by the federal government. Yet, the federal government has a monopoly over the meaning, intent, and scope of the US Constitution and the scope of its powers – the powers belonging to all branches. Nowhere in that monopoly are the States represented as sovereigns. As mentioned earlier, the 17th amendment changed the election of Senators andMarbury v. Madison perfected the federal monopoly by vesting unconstitutional powers with the Supreme Court over interpretation and enforcement. The federal judiciary looks out only for the federal government so let’s not pretend that it is an impartial arbiter or umpire for the States. The States have no such umpire or agent at the judicial level – the final leg of the federal monopoly.

Federalism is dead until and unless the States decide that the doctrine must be revived and is important enough to be revived.

FINAL THOUGHTS –

For several years, the South indeed engaged in efforts to prevent freed blacks from voting. And the South paid dearly for that history. Because of that history, the federal government and the courts, through legislation and judicial decisions, adopted an automatic presumption that such States were engaging in actual discrimination and discriminatory intent. The scrutiny seemed reasonable in light of the history of abuse. In our current time, there is no discrimination in the right to vote (and certainly no state is required to go above and beyond to give every conceivable opportunity to vote). But what there is is a history of voter fraud, dubious and illegal get-out-the-vote initiatives, and voting schemes that is almost exclusively associated with the Democratic Party. In the weighing of interests when it comes to elections and election/voting integrity, the real presumption that should guide voter laws, government policy, and federal court judges is the one tending towards fraud and dishonesty, and the undermining of the principle “One Person, One Vote.”

In fact, I would go one step further… Rather than a government commission merely advising that States adopt voter identification laws, the government should ENCOURAGE them to do so. And when they pass such laws, the state legislature should be given the presumption that they were passed to counter potential voter fraud. I liken the Democrats’ attempts over the many years (through political collusion, union activity, mob activity, and questionable community-organizing groups such as ACORN) to elude, evade, ignore the voting laws on the books of the United States and in the several states to the attempts of the Southern Democrats many years ago to disenfranchise blacks by attempts to frustrate school segregation. Just as the conduct of Southern Democrats evidenced a deeply-entrenched scheme to disenfranchise blacks and to frustrate the policy of segregation by the Supreme Court (Brown v. Board of Education) and HAD TO BE REMEDIED by policies of affirmative action, racial quotas, bussing, and court-mandated redistricting plans (lasting over 50 years), I would argue that the schemes of the Democratic Party over the past many years have also evidenced such a deeply-entrenched and organized scheme to break the law and to violate the cherished standard of “One Person, One Vote” for citizens of the United States (as articulated by the US Constitution) to actually REQUIRE such a presumption in Voter ID laws.

The reality is, despite the claims of the left, racism is a thing of the past and voter fraud is the new form of discrimination. This is not an allegation but a reality. The Supreme Court could not find any claim of merit that a photo identification burdens an African-American under when a voter law provides an alternative for those who cannot obtain one (as North Carolina’s law does, and as Indiana’s law, the strictest in the nation, does). Yet day after day, year after year, we learn about documented and prosecutable cases of voter fraud. Ask former GOP senator Norm Coleman, whose 725-vote lead over Democratic challenger Al Franken in 2010 turned into a 312-vote victory for Franken — thanks in part to 1,099 votes cast by ineligible felons. In 2015, Philadelphia election judges arrested four electoral judges for casting fraudulent votes. Fake signatures helped place Hillary Clinton and Barack Obama on Indiana’s primary ballot in 2008. Incidents such as these are why lawmakers in more than 30 states have now enacted laws to protect the integrity of their elections. John F. Kennedy won the 1960 election on account of voter fraud, for crying out loud! Have we forgotten that?

In the words of James O’Keefe, founder of the Veritas Project, “Democrats will do anything they possibly can to skirt and break the law until they are caught.” As his organization has proven time and time again, by going into Democrat-controlled polling locations and interfacing with Democratic “get out the vote” initiatives

This election cycle, we have a presidential candidate who is who using unprecedented tools in order to steal the election. She is using arrogance and intimidation, shady back-door deals, illegal slush-funds, and tactics of voter fraud. She has colluded with enforcement agencies at the highest levels of government to evade prosecution for her lawless conduct and is currently colluding with the vast left-wing conspiracy known as the liberal media to essentially conduct her campaign why demonizing her opponent. The media shares with the American people only what it wants them to hear (pro-Clinton) while suppressing what it doesn’t want them to hear (the truth).

The NC General Assembly merely anticipated the fraud that would accompany this extremely important presidential election and enacted a common-sense Voter ID bill – a bill that the overwhelming numbers of NC voters demanded of their representatives.

Democracy is our greatest strength. It gives us the opportunity to have government work FOR us and to alter it when it works AGAINST us. And the constitutional principle of ‘one person, one vote’ has always been a vehicle for Americans to hold their government accountable, and ensure it is responsive to the challenges we face as a nation.

To conclude, I’d like to remind the reader of the options that our Governor, Pat McCrory, and our state legislature can take to provide reasonable and common-sense measures at polling places next month. These options are bold, for sure. And each option will allow us to get around the decision of the 4th Circuit… the dictates of a group of three progressive judges. But what is at stake is the integrity and fairness of the voting process here in our state and our rightful expectation of such. The constitutional bright-line rule of “One Person, One Vote” cannot be undermined. We already know that we can expect voter fraud (and some predict an extensive amount of it) because of the fact that our state is a key battleground state. It would be unconscionable to surrender our electoral votes on account of fraud simply because three judges refused to reject the outdated presumption that NC discriminates against its African-American citizens. Again, the seven options I am suggesting include: (1) Call the state legislature into an emergency session the week before early voting begins and pass another Voter ID law (making minor changes but still keeping the spirit of the law intact – requiring reliable identification to vote); (2) Ignore the opinion of the 4th Circuit, asserting that the court lacked jurisdiction to hear the appeal (just as the federal district court lacked jurisdiction to hear it), citing Article III, Section 2, paragraph 2 of the US Constitution as legal authority; (3) Ignore the OPINION of the 4th Circuit citing just that… it is only an opinion” and the state, in its equal ability to interpret the Constitution, does not agree; (4) Claim that the opinion directly calls each of the state legislators a “racist,” defames them as individuals and as a political and must be rejected as libelous and therefore illegal; (5) Claim that the opinion offends traditional notions of States Rights and under the Tenth Amendment, the state has the right and duty to defend its sphere of legitimate governing power, which includes common-sense voting laws; (6) Claim that the opinion is a clear violation of the Separation of Powers because the Court went out of its way to substitute its judicial opinion for the legislature’s rightful opinion as lawmakers and therefore illegitimate and unenforceable; or (7) Governor Pat McCrory should issue an Executive Order to all Boards of Election instructing them that a reliable identification is REQUIRED of all persons who show up to vote (and whoever cannot produce one must then-and-there, sign an affidavit and submit to having his or her photo taken).

References:

NC Voter ID Law (HB 589), passed April 2013 –http://www.ncleg.net/Sessions/2013/Bills/House/HTML/H589v7.html

NC Voter ID modifications (HB 836), passed June 2015 –http://www.ncleg.net/Sessions/2015/Bills/House/PDF/H836v6.pdf (see pp. 5-11). Provides relaxed impediments for persons who do not comply with the photo ID requirement of HB 589. Any person who does not have a photo identification will be permitted to vote a provisional ballot (to be counted according to GS 163-182.1A). A person also can fill out a reasonable impediment declaration and vote a provisional ballot (to be counted according to GS 163-182.1B).

Opinion of the 4th Circuit Court of Appeals (NAACP v. McCrory, 2016):http://moritzlaw.osu.edu/electionlaw/litigation/documents/Opinion72916.pdf

SilenceDoGood, Sept. 1, 2016.https://silencedogood2010.wordpress.com/2016/09/01/nc-can-enforce-its-voter-id-law/

Indiana Voter ID Law – http://www.in.gov/sos/elections/2401.htm

Indiana Voter ID law, Indiana Government, Indiana Election Division –http://www.in.gov/sos/elections/2401.htm

Voter Identification Requirements – Voter ID Laws, ACSL (American Conference of State Legislatures), August 31, 2016. Referenced at: http://www.ncsl.org/research/elections-and-campaigns/voter-id.aspx

Josh Siegel, “After Voter ID Defeats, Lessons From Indiana’s Law That ‘Has Stood Test of Time,’ The Daily Signal, August 7, 2016. Referenced at:http://dailysignal.com/2016/08/07/after-voter-id-defeats-lessons-from-indianas-law-that-has-stood-test-of-time/

Bill Whittle discusses the Myths perpetrated by the Black Lives Matter (BLM) movement –https://www.facebook.com/profile.php?id=100004657054354&fref=ts

Section 4 (Title IV) of the Voting Rights Act of 1965 –https://www.justice.gov/crt/section-4-voting-rights-act

Section 4(b) of the Voting Rights Act of 1965 – https://www.justice.gov/crt/section-4-voting-rights-act

List of counties in North Carolina originally identified in Section 4 of the Voting Rights Act and subject to the preclearance requirements of Section 5 –https://en.wikipedia.org/wiki/List_of_jurisdictions_subject_to_the_special_provisions_of_the_Voting_Rights_Act_of_1965

Section 5 (Title V) of the Voting Rights Act of 1965 – https://www.justice.gov/crt/about-section-5-voting-rights-act

Crawford v. Marion County Election Board, 553 U.S. 181 (2008).https://www.supremecourt.gov/opinions/07pdf/07-21.pdf

John C. Fortier, “Absentee and Early Voting,” AEI Press, June 2014. Referenced at:https://www.aei.org/wp-content/uploads/2014/06/-absentee-and-early-voting_155531845547.pdf

“North Carolina’s Voter ID Law Should be Restored,” The National Review, August 9, 2016. Referenced at: http://www.nationalreview.com/article/438810/north-carolina-voter-id-law-should-be-restored

Massive Voter Fraud in NY – http://louderwithcrowder.com/voter-fraud-nyc-democratic-election-commissioner/

Voter Fraud (“Clinton Campaign: Whatever You Can Get Away With.. Just Do It!”) –https://www.youtube.com/watch?v=rhI6bMbhsDE&feature=player_embedded

Voter Fraud Bombshell in NYC – https://www.youtube.com/watch?v=d4XK8DGeWgU

Clinton Staffer on Tape Discussing Voter Fraud – https://www.youtube.com/watch?v=167TgR5_DY4

Clinton Voter Fraud in Florida – https://www.youtube.com/watch?v=To1dp40LAu8

Thousands of Fraudulent Voter Ballots Marked for Hillary Clinton –https://www.youtube.com/watch?v=-8on9JJLoU8

Largest Voter Fraud Investigation in Texas – https://www.youtube.com/watch?v=GjbgJ7hLLRY

Indiana Voter Fraud Scheme investigation – https://www.youtube.com/watch?v=yNtJn3BJbg4

Voter Fraud in NC (thousands voted more than once in 2012, voting in NC and in at least one other state) – https://www.youtube.com/watch?v=6pUxFoNlI04

Evidence of Voter Fraud (scheme to dump thousands of ballots pre-marked for Hillary Clinton) on Election Day – https://www.youtube.com/watch?v=KkSg7DSkyjs

APPENDIX:

A. PROPOSED EXECUTIVE ORDER

[Drafted by Bart Goswick and referenced at: SilenceDoGood, Sept. 1, 2016.https://silencedogood2010.wordpress.com/2016/09/01/nc-can-enforce-its-voter-id-law/

Proposed Executive Order

From the Office of the Governor of the Great State of North Carolina – For Immediate Release

EXECUTIVE ORDER No. _____WHEREAS, the U.S. Constitution plainly states that the federal judiciary has certain limitations on what it can, and cannot do. Article III, Section 2, Clause 2 states that any case in which a ‘State’, or any of its ‘Public Ministers’ is a party, the Supreme Court shall have ‘ORIGINAL JURISDICTION.’

“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have ORIGINAL Jurisdiction.”

WHEREAS, The 4th Circuit Court of Appeals has clearly overstepped their authority, henceforth the North Carolina State Board of Elections, and all related agencies, shall consider this opinion by the court, issued on July 29, 2016, to be Null & Void. [http://www.ca4.uscourts.gov/Opinions/Published/161468.P.pdf]

WHEREAS, The North Carolina Constitution, Article III, Section 5, Clause 10 states;

“…the Governor may make such changes in the allocation of offices and agencies and in the allocation of those functions, powers, and duties as he considers necessary for efficient administration. If those changes affect existing law, they shall be set forth in executive orders, …”

NOW, THEREFORE, by the power vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:

The Great State of North Carolina will proceed with our November 2016 general elections according to the provisions and procedures defined in SESSION LAW 2013-381, aka “Voter Information Verification Act” that I signed into law on August 12, 2013. [http://www.ncga.state.nc.us/Sessions/2013/Bills/House/HTML/H589v9.html]

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this ___ day of _______ in the year of our Lord two thousand and sixteen, and of the Independence of the United States of America the two hundred and forty.

B. COUNTIES (JURISDICTIONS) in NORTH CAROLINA ORIGINALLY IDENTIFIED in SECTION 4(b) of the VOTING RIGHTS ACT FOR THE PRECLEARANCE REQUIREMENTS OF SECTION 5 –

(All of the following counties were identified in the 1965 Voting Rights Act, except as noted)
• Anson County
• Beaufort County
• Bertie County
• Bladen County
• Camden County
• Caswell County
• Chowan County
• Cleveland County
• Craven County
• Cumberland County
• Edgecombe County
• Franklin County
• Gaston County
• Gates County
• Granville County
• Greene County
• Guilford County
• Halifax County
• Harnett County
• Hertford County
• Hoke County
• Jackson County (added around 1984)
• Lee County
• Lenoir County
• Martin County
• Nash County
• Northampton County
• Onslow County
• Pasquotank County
• Perquimans County
• Person County
• Pitt County
• Robeson County
• Rockingham County
• Scotland County
• Union County
• Vance County
• Wake County (was bailed out around 1984, by court decision and hence no longer subject to the provision)
• Washington County
• Wayne County
• Wilson County