RALEIGH, N.C. -- Parts of North Carolina's new voting law, considered one of the toughest in the nation, were set aside for next month's elections after a a federal appeals court panel ruled Wednesday that they were likely to disenfranchise black voters.
In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals suspended provisions of the Republican-backed law that would have eliminated same-day registration during early voting and voided ballots cast on Nov. 4 outside a person's assigned precinct.
"Whether the number is 30 or 30,000, surely some North Carolina minority voters will be disproportionately adversely affected in the upcoming election," wrote Judge James Wynn, a former North Carolina Supreme Court justice. "Once the election occurs, there can be no do-over and no redress. The injury to these voters is real and completely irreparable if nothing is done to enjoin this law."
Judge Diana Gribbon Motz dissented, saying it's too close to Election Day to force North Carolina to change its planned procedures.
Motz was appointed by former President Bill Clinton. Judge Henry Floyd agreed with Wynn. Both were appointed by President Barack Obama.
Absentee ballots were mailed Sept. 5, attorneys defending the law said during arguments at a special hearing in Charlotte on Sept. 25.
"We are concerned that changes so close to the election may contribute to voter confusion," state elections board executive director Kim Westbrook Strach said. "More than 4 million voter guides have gone to the public with information contrary to today's decision."
But Wynn disagreed, saying, "Our decision today acts as a safety net for voters confused about the effect of [the state law] on their right to vote while this litigation proceeds.
Civil-rights groups and the U.S. Justice Department challenged the law in North Carolina, which has one of the nation's most closely watched U.S. Senate races that could determine whether Democrats retain control of the chamber.
State House Speaker Thom Tillis, the Republican challenging incumbent Democratic U.S. Sen. Kay Hagan, said he and state Senate leader Phil Berger, also a Republican, would appeal the ruling to the U.S. Supreme Court. Attorney General Roy Cooper's office did not respond to requests for comment.
The GOP has long listed North Carolina as a top target to help win back control of the Senate.
The American Civil Liberties Union, one of the groups challenging the law, said about 250,000 voters took advantage of rules allowing people to register and vote in one trip to an early voting site during each of the past two nonpresidential election years.
"The court took an important step to ensure that this election will remain free, fair and accessible to all North Carolina voters," said the Rev. William Barber II, president of the North Carolina branch of the NAACP.
Another hearing is scheduled for next year on whether key parts of the law, including requiring voters to show identification starting in 2016, violates provisions of the U.S. Voting Rights Act and the U.S. Constitution.
A Section on 10/02/2014