08/25/2016

North Carolina NAACP
FOR IMMEDIATE RELEASE
Contact, Tyler Swanson –Tyler.swanson@naacpnc.org,  336-317-3586
August 25th, 2016

 

The North Carolina NAACP Files Brief to the Supreme Court, Opposing North Carolina’s Application to Stay the Mandate of the 4th Circuit and Urging the Court to Uphold the Enjoined Provisions of HB 589

DURHAM –  The North Carolina NAACP filed a brief today urging the U.S. Supreme Court to deny North Carolina’s application to recall and stay the mandate entered by the 4th Circuit on July 29th, 2016. The Fourth Circuit enjoined five racially discriminatory provisions of HB 589, and effectively returned North Carolina to the status quo. The brief comes in response to an application filed by the State 10 days ago, asking the nation’s highest court to dramatically alter existing election procedures just before the November Presidential Elections. The NC NAACP State Conference, Attorneys Penda Hair and Irv Joyner, representing NC NAACP along with co-counsel Kirkland & Ellis, released the following statement:

“It would be a woeful miscarriage of justice to permit North Carolina’s discriminatory voting laws in 2016 by issuing the requested stay,” said Rev. Dr. William J. Barber II, president of the North Carolina NAACP. “North Carolina’s history of voting discrimination, the recent surge in African American voting power, the sweeping nature of HB 589’s discriminatory provisions, and the legislature’s decision to rush the bill through the legislative process show that race was a factor in the adoption of the law. Under the law, the State’s application to retain these discriminatory provisions should be denied—and, morally, to regain the trust and confidence of all voters in North Carolina – it must be denied.”

“The consequences of granting a stay would be severe,” said Penda Hair, attorney for the North Carolina NAACP. “Not only would it disrupt the status quo before an upcoming presidential election, it would permit the State to impose a discriminatory law that would irreversibly violate the fundamental rights of tens of thousands of North Carolinians.”
       
 “A stay at this point will confuse all voters and disenfranchise a significant proportion of them,” said Prof. Irv Joyner, NC NAACP’s Legal Redress Chair. “The Board of Elections at the state and county levels has put in place remedial procedures to enforce the Fourth Circuit’s decision.  Notices have gone out to voters that the former 17-day early voting period is restored, and you can register and vote at any early voting site during these days. The State conducted two-days of training for election administrators from every county, using training materials based on the 4th Circuit’s Order. A new voter guide based on the 4th Circuit’s decision, is online and is being prepared for distribution by mail. The state’s orderly implementation process should not be upended to reinstate a racially discriminatory law.”

“The stay requested by the State would disrupt the voting practices that have been put in place after the Fourth Circuit’s order and would reinstate discriminatory voting laws, which is repugnant to the guarantees of the Constitution and the Voting Rights Act,” said Daniel Donovan, an attorney for Kirkland & Ellis LLP which also represented the NC NAACP. “The Fourth Circuit's ruling is proper and discriminatory laws such as HB 589 should have no place in our democracy.”

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08/31/2016

North Carolina NAACP
FOR IMMEDIATE RELEASE
Contact, Tyler Swanson –Tyler.swanson@naacpnc.org,  336-317-3586  
August 31, 2016
 
Supreme Court Denies North Carolina’s Stay Application and Maintains the Injunction on the Racially Discriminatory Provisions of HB 589
 
DURHAM –  Today the U.S. Supreme Court denied North Carolina’s application to recall and stay the mandate entered by the Fourth Circuit on July 29th, 2016. The Fourth Circuit mandate struck down five racially discriminatory provisions of HB 589, including the Voter ID requirement. This ruling validates the victory of the people of North Carolina, leaving in place the prohibition on those discriminatory provisions for the upcoming November election. This denial follows the Court of Appeals’ finding in July that discriminatory intent impermissibly motivated Gov. Pat. McCrory and the General Assembly to enact HB 589. The NC NAACP State Conference released the following statement: 
 
“Today we achieved another major victory for justice, African Americans, Latinos, and all North Carolinians,” said Rev. Dr. William J. Barber II, president of the North Carolina NAACP. “The highest Court in the land has rejected the State’s efforts to implement election provisions found by the 4th Circuit Court of Appeals to have been enacted with discriminatory intent. This critical rejection of the State’s position will allow the people of North Carolina to exercise the fundamental right to vote this November without expansive restrictions by racist politicians or racist policies. North Carolina voters will not be asked to show a restrictive and discriminatory Photo ID at the polls this November. Early voting will begin on October 20th and will include the option of Same-Day-Registration, allowing all eligible voters to be able to register and vote at the same time during the Early Voting period. Votes cast by eligible voters in the wrong precinct but the right county will be counted on election day in North Carolina and “pre-registration” of youth aged 16 and 17 is once again available in the state.”  
 
“The NC NAACP State conference and all of its local branches are reinforced by this ruling, as we continue our mobilization efforts to educate and assist local communities on the voting mechanisms available to them in the upcoming election. We urge the State of North Carolina and Gov. McCrory to accept -as the Supreme Court has affirmed today- that racially discriminatory laws have no place at the ballot box. Politics as usual is no longer acceptable in our State, and the legislature cannot erect barriers to plainly undermine the growing voting strength of African American and Latino voters. It is time to move forward toward a shared prosperous future for all North Carolinians and to heal the core of our democracy in this State and in this nation.”

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