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Voter ID lawsuit will go forward, but no preliminary injunction

Voter ID rules set to go into effect in 2020, but lawsuit to block them can continue, judges say.

Posted — Updated
Election Day, polling places
By
Travis Fain
, WRAL statehouse reporter
RALEIGH, N.C. — A lawsuit to overturn North Carolina’s new voter ID requirement will move forward, a panel of state judges said Friday, but the court won’t grant a preliminary injunction to delay the requirement while the case plays out.

That means that, as of now, photo ID will be required at the polls in North Carolina, starting with 2020 elections.

That decision may be appealed, but the judicial panel ruled 2-1 Friday that there’s not enough likelihood this lawsuit will succeed to hold off on the requirement.

Photo ID won't be required during the 2019 elections because the General Assembly already delayed implementation to 2020.

Rep. David Lewis, R-Harnett, a GOP leader on election issues, said on Twitter that the ruling was "great news for NC voters." Senate President Pro Tem Phil Berger called it "a huge win for the people of North Carolina."

In their order, the judges dismissed all but one of the half-dozen claims attorneys put forward in the case, though the one left is enough to proceed.

Friday's decision was signed by Superior Court judges Nathaniel Poovey and Vince M. Rozier Jr. Superior Court Judge Michael O'Foghludha filed a dissent, saying he was fine dismissing all but one of the claims but that he would have granted the preliminary injunction, delaying the photo ID rule while the case plays out.

O'Foghludha argued that a federal court, in striking down North Carolina's last voter ID law, found discriminatory intent, eroding the benefit of the doubt legislators would otherwise enjoy. That old ID law failed to include public housing and other public benefit IDs as acceptable IDs at the polls, O'Foghludha wrote, and so does the new one,

That, the judge said, will have a "disproportionate affect on African-American voters."

Allison Riggs, the lead attorney bringing this case for the Southern Coalition for Social Justice, said Friday that she and her team were reviewing the judges' order and planned to discuss it with their clients. The preliminary injunction decision may be appealed, she said.

Lewis called on the coalition to drop the case, arguing that North Carolina voters signed off on voter ID last year when they voted to add the requirement to the state constitution.

"It's time for the far left to stop fighting the will of the people," Lewis said on Twitter.

This case, Holmes v. Moore, is one of a few pending right now on voter ID. One targets the constitutional amendment itself, but this one targets the more detailed laws the legislature passed later to implement the amendment.

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