North Carolina NAACP appeals federal judge’s ruling on state voting law

Here’s the press release from the North Carolina NAACP:

WASHINGTON – Fighting to protect the right to vote for all North Carolinians this November, the North Carolina State Conference of the NAACP filed an appeal today in the legal battle over H.B. 589, the state’s voter suppression law. The appeal – which was filed by the legal team of national civil rights organization Advancement Project, the law firm of Kirkland & Ellis LLP, and North Carolina lawyers Adam Stein and Irving Joyner – challenges U.S. District Judge Thomas D. Schroeder’s ruling earlier this month to deny a  opreliminary injunction that would block application of the law in the November 2014 general election.

“The franchise is a fundamental issue of our rights, as guaranteed to us by the 14th and 15th Amendments to the U.S. Constitution, by our state constitution and by the still-intact Section 2 the Voting Rights Act,” said Rev. Dr. William J. Barber, II, president of the North Carolina NAACP. “Moreover, it is a moral issue that we are committed to protecting with every tool at our disposal. The franchise was won through the blood, sweat and tears of courageous people who sacrificed to make real the promise of democracy. If one person’s right to vote is denied or abridged this election, this democracy suffers. While restoring the rights of North Carolina voters and renewing the integrity of democracy in our state will require a long legal fight, we must start now by doing everything we can to block this law for the November election.”

Among other provisions, H.B. 589 shortens the early voting period by a full week, eliminates same-day registration and prevents out-of-precinct ballots from being counted. It currently stands to abridge the right to vote for countless North Carolina voters in November’s election – especially voters of color, who have used these positive reforms at a significantly higher rate than White voters. The full trial on the law’s legality is not scheduled until next summer.

“Issuing a preliminary injunction is imperative to preventing irreparable harm to the rights of North Carolinians,” said Advancement Project Co-Director Penda D. Hair. “The plaintiffs believe we met the standard for preliminary injunction against HB589. The evidence shows that African-American voters are disproportionately impacted by this law. When someone is denied their vote in an election, they forever lose that opportunity to have their say – that is irreparable harm. Any votes that are prevented in this election are votes that will be forever lost, which is why we are appealing the court’s decision.”

In its recent ruling, the District Court also denied the State’s motion to dismiss the case, ruling that plaintiffs had presented plausible legal claims that require a full trial next year.

“We are pleased that the judge denied the state’s motion to dismiss, and found that our claims against this law merit discovery and a trial on the merits,” said Kirkland & Ellis partner Daniel T. Donovan. “But much is at stake if the law is not stopped now, and our clients will use all legal avenues available to ensure that elections are fair and accessible to all citizens.”

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Jake Frankel is an award-winning journalist who enjoys covering a wide range of topics, from politics and government to business, education and entertainment.

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