*This piece is cross-posted on Brennan Center's blog.
Throughout 2014, we’ve seen courts step in to block laws restricting access to the ballot box. Courts struck down photo ID laws in Pennsylvania, Wisconsin, and Arkansas, and pushed back against efforts to cut back on early voting in Ohio. This week, all eyes are on North Carolina, where a federal court will decide whether to temporarily block the state’s 2013 omnibus election law — one of the most wide-reaching and restrictive voting measures in the country — before the November 2014 elections.
Before last June’s Supreme Court decision in Shelby County v. Holder, which gutted a core Voting Rights Act protection, North Carolina had to “pre-clear” all statewide election changes before putting them into effect. This meant the state had to show the laws wouldn’t discriminate against minority voters. After the Court’s ruling last summer, however, lawmakers around the country, including in North Carolina, seized the opportunity to pass a series of voting restrictions. North Carolina’s legislation slashes early voting days, eliminates same-day registration, gets rid of out-of-precinct provisional voting, imposes a strict photo ID requirement, and does away with pre-registration for 16- and 17-year-olds, among other changes. Except for the photo ID requirement, which is slated to be implemented in 2016, all of these measures will be in effect this November.
The Department of Justice and multiple civic groups quickly challenged the law in federal court. A full trial on the merits of the challengers’ claims is scheduled for July 2015, but, seeking redress in advance of November, the law’s challengers filed motions this past May to temporarily block many of the worst new restrictions. This week, the court is holding hearings to determine whether to grant these motions, and thereby prevent the law from going into effect until a full trial can be held.