As Midterm Election Approaches, State Election Laws Challenged (CRS Report for Congress)
| Release Date |
Oct. 7, 2014 |
| Report Number |
LS_2014-10-07_01 |
| Report Type |
Legal Sidebar |
| Authors |
Francis, Kathryn A. |
| Source Agency |
Congressional Research Service |
Summary:
As the November 4 election approaches, there have been several court challenges to state election laws. Depending on how the courts rule - and when - these cases could affect election administration in several states during the upcoming election. For example, on October 1, the U.S. Court of Appeals for the 4th Circuit, on a 2-1 vote, issued a ruling that required North Carolina to restore same-day voter registration and the counting of out-of-precinct ballots in the upcoming election. The 4th Circuit found undisputed evidence demonstrating that these election laws were enacted to increase voter participation, that African American voters disproportionately utilized those electoral mechanisms, and that a North Carolina law, House Bill 589, restricted those mechanisms. Therefore, the court determined that aspects of the law disproportionately impacted African American voters in violation of Section 2 of the Voting Rights Act. Section 2 prohibits any voting qualification or practice that results in the denial or abridgement of the right to vote based on race, color, or membership in a language minority. The statute further provides that a violation is established if, 'based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by [members of a racial or language minority group] in that its members have less opportunity than other members of the electorate to participate in the political processes and to elect representatives of their choice.' North Carolina is seeking a stay from the U.S. Supreme Court, where a ruling is expected at any time.
