Justia Election Law Opinion Summaries

The Supreme Court affirmed the judgment of the trial court finding that Senate Bill 824 (S.B. 824), the statute enacted to require that every voter present one of a few specific forms of photo identification, was enacted with a racially discriminatory purpose, holding that the trial court's findings of fact were supported by competent evidence showing that the statute was motivated by a racially discriminatory purpose.In challenging S.B. 824, Plaintiffs alleged that the law was enacted at least in part with the intent to discriminate against African-American voters. The Supreme Court affirmed, holding (1) the trial court's finding that S.B. 824 was motivated by racial discrimination was supported by competent evidence in the record; and (2) the trial court correctly applied the factors set forth in Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252 (1977) when it found that the law was enacted at least in part with racially discriminatory intent. View "Holmes v. Moore" on Justia Law

The Supreme Court reversed the decision of the court of appeals that reversed the order of the trial court declaring void two challenged amendments to the North Carolina Constitution, holding that the trial court should have considered whether invalidating both the Voter ID Amendment and the Tax Cap Amendment was necessary "upon balances the equities" of the situation.In the week of the final regular legislative session preceding the 2018 general election a General Assembly composed of legislators elected from districts that the United States Supreme Court determined to have resulted from unconstitutional racial gerrymandering enacted legislation presenting constitutional amendments that were ultimately ratified by a majority of voters. At issue were Session Law 2018-119 (the Tax Cap Amendment) and Session Law 2018-128 (the Voter ID Amendment). The Supreme Court held (1) N.C. Const. Art, I, 2-3 imposes limits on the authority of legislators electors due to unconstitutional racial gerrymandering to alter the constitution; but (2) the trial court's order invalidating the two challenged amendments swept too broadly, such that remand was required. View "N.C. NAACP v. Moore" on Justia Law

The Supreme Court reversed the judgment of the trial court allowing certain districting maps to stand, holding that the enacted maps violated several rights guaranteed to the people by the North Carolina Constitution.The General Assembly enacted districting maps for the United States Congress, the North Carolina House of Representatives, and the North Carolina Senate that "subordinated traditional neutral redistricting criteria in favor of significant partisan advantage by diluting the power of certain people's votes." The trial court denied Plaintiffs' claims, concluding as a matter of law that claims of extreme partisan gerrymandering present purely political questions that are nonjusticiable. The Supreme Court reversed, holding (1) Plaintiffs' partisan gerrymandering claims were justiciable under the North Carolina Constitution; and (2) the maps failed strict scrutiny and must be rejected. View "Harper v. Hall" on Justia Law

The Supreme Court held that the North Carolina Constitution does not limit the jurisdiction of the state's courts in the same manner as the standing requirements that U.S. Const. art III, section 2 imposes on federal courts, including the requirement that the complaining party must show she has suffered "injury in fact," even where N.C. Gen. Stat. 163-278.39A(f) (now repealed) expressly conferred standing to sue on a party.In 1999, the North Carolina General Assembly enacted the "Disclosure Statute," section 163-278.38Z et seq., providing specific requirements for television and radio ads placed by political action committees. Plaintiff's complaint alleged two violations of the Disclosure Statute by the Employees Political Action Committee (EMPAC). The trial court granted summary judgment to EMPAC, concluding that Plaintiff had failed to allege actual demonstrable damages. The court of appeals reversed. The Supreme Court affirmed in part, holding that when a person alleges the infringement of a legal right directly under a cause of action at common law, a statute, or the North Carolina Constitution, the legal injury itself gives rise to standing. View "Committee to Elect Dan Forest v. Employees Political Action Committee" on Justia Law

Following the 2010 decennial census, the General Assembly enacted redistricting plans for the North Carolina Senate and House of Representatives and for the North Carolina districts for the United States House of Representatives. Plaintiffs, registered voters, filed a complaint seeking to have the redistricting plans declared invalid on both constitutional and statutory grounds. The three-judge panel reviewing the redistricting plans upheld the plans. The Supreme Court affirmed. The United States Supreme Court vacated this Court’s opinion and remanded for further consideration in light of its recent decision in Alabama Legislative Black Caucus v. Alabama. The Supreme Court reconsidered this case in light of Alabama and affirmed the three-judge panel’s judgment, holding that the General Assembly’s enacted plans do not violate Plaintiffs’ constitutional rights and satisfy state and federal constitutional and statutory requirements. Moreover, the three-judge panel’s decision fully complies with the United States Supreme Court’s decision in Alabama. View "Dickson v. Rucho" on Justia Law

Plaintiffs filed suits challenging the constitutionality of recently enacted redistricting plans and seeking a preliminary injunction to prevent Defendants from conducting elections using the redistricting plans. Plaintiffs requested from Defendants a variety of communications concerning enactment of the redistricting plans. Defendants objected to the production of certain categories of documents based upon the attorney-client privilege, legislative privilege, or work-product doctrine. Plaintiffs filed a motion to compel production. A three-judge panel allowed the motion and also concluded that any documents prepared solely in connection with redistricting litigation remain confidential pursuant to the attorney-client privilege or work-product doctrine. The Supreme Court (1) reversed the panel's conclusion of law that the General Assembly waived the attorney-client privilege and work-product doctrine for pre-enactment communications and documents pursuant to N.C. Gen. Stat. 120-133; but (2) affirmed the panel's conclusion that the attorney-client privilege and work-product doctrine apply to relevant post-enactment communications and documents. View "Dickson v. Rucho" on Justia Law