An Oct. 1 ruling by the 4th U.S. Circuit Court of Appeals overturned parts of a 2013 state elections reform law, pushing state elections officials to reinstate same-day voter registration at one-stop early voting sites set to open Oct. 23.
“We are looking at options. It is likely that same-day registration could involve a manual process, which would be difficult, but we are working to ensure compliance with today’s order, pending any alternative disposition before the U.S. Supreme Court,” said State Board of Elections spokesperson Josh Lawson during an Oct. 1 phone interview.
Before the 2013 law, same-day voter registration at one-stop locations was automatically processed by a statewide system with access to all elections data. The system was stripped of same-day registration capabilities in 2013. Lawson said Board of Elections officials could try to reincorporate that function, but concerns about limited time to adequately test the change might lead the board to enact manual registration instead.
A manual process would require poll workers to confirm a voter’s address and precinct information to ensure the correct ballot is issued.
Lawson said it is unknown yet whether the change will require more poll workers at early voting sites.
New Hanover County Elections Director Marvin McFadyen said he would respond to any mandates handed down by the state elections board.
The appeals court ruling also overturned a provision that barred ballots cast outside a voter’s registered precinct from counting.
Under the 2013 law, voters who showed up outside their home precincts on Election Day were allowed to vote a provisional ballot, but the ballot was not counted. Under the Oct. 1 ruling, provisional ballots cast outside a voter’s home precinct will be considered for any race the voter is eligible to participate in.
The 2013 law, also known as House Bill 589 or the Voter Information Verification Act, enacted strict reforms, including voter ID requirements, a reduced early voting timeframe, eliminated same-day voter registration and pre-registration for high school students, and prohibited out-of-precinct votes from counting.
The League of Women Voters, of North Carolina, North Carolina NAACP, and various other plaintiffs sued the state of North Carolina on grounds that the law violates the U.S. Constitution and the Voting Rights Act of 1965. An August ruling by U.S. District Court Judge Thomas Schroeder denied the groups a preliminary injunction to prevent elements of the law from going into effect while the lawsuit plays out.
But a panel of judges overturned Schroeder’s ruling 2–1. Judge James Wynn wrote in the majority opinion for the Oct. 1 ruling that “the district court got the law plainly wrong in several crucial respects.”
The appeals court upheld other aspects of the law, including fewer days for early voting and the soft rollout for voter ID requirements.
Judge Diana Gribbon Motz dissented, arguing the ruling would not give the state enough time to enact changes before the November election.
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