Unmasking NC’s Voter ID Law: Why It Needs Overhaul

Following a trial in Winston-Salem, U.S. District Judge Loretta Biggs is determining whether the recent revisions to North Carolina’s voter photo ID law allow it to be used legally in the upcoming November election. Overruled by the U.S. Fourth Circuit Court of Appeals in 2019, Biggs is considering if this latest version of the law discriminates against Black voters.

Despite the law ostensibly targeting Democratic voters, proving discriminatory intent by Republican lawmakers is challenging. The law’s first major test in the March primary didn’t reveal significant issues with voters lacking photo ID. Only 2.6 ballots for every 10,000 cast were not counted due to ID-related issues.

A State Board of Elections spokesperson, Patrick Gannon, indicated that voters seem to understand the new requirement. The challenge for those opposing the law, such as the NAACP, is to demonstrate its largely invisible damage: potential voters being discouraged from voting due to the logistical hurdles of obtaining a valid photo ID.

This issue has been explored by researchers. A 2022 report published in The Journal of Politics concluded that strict identification laws could prevent a disproportionately minority, otherwise-willing group of registered voters from voting. Meanwhile, a 2020 study by Stanford University political scientists found that a previous North Carolina voter ID law deterred voters even after being struck down by the court.

The impact of voter ID laws, however, remains challenging to quantify. It’s possible that these laws could affect more Republican voters than anticipated, and efforts to limit voters could inadvertently drive up turnout by the targeted group.

Adding a strict voter photo ID requirement is part of the broader Republican strategy to reduce voting. The state Supreme Court, now with a Republican majority, reversed a ruling that restored voting rights to people convicted of felonies after completing their prison time. This reversal impacted as many as 56,000 individuals who had served their sentences.

Further limiting the vote, the Republican-controlled legislature removed the three-day grace period for absentee ballots – a method mostly used by Democrats. As a result, 747 absentee ballots that would have been counted were rejected in the March primary – a number that could significantly increase during the general election.

In a democracy, voting rights should be protected and encouraged. However, Republican strategies are making it more challenging to register and vote. As the opportunity to vote narrows, democracy in many states is being compromised. It remains to be seen whether Judge Biggs will halt further restrictions on voting rights in North Carolina.