North Carolina’s photo voter ID mandate can continue as a judge upholds the law
RALEIGH, N.C. (AP) — North Carolina’s photo voter identification law was upheld on Thursday, as a federal judge set aside arguments by civil rights groups that Republicans enacted the requirement with discriminatory intent against Black and Latino voters.
The decision by U.S. District Judge Loretta Biggs is a huge legal victory for Republican legislative leaders who passed the law in late 2018 — weeks after voters approved a constitutional amendment backing the idea.
North Carolina state Senate leader Phil Berger said in a news release that with Biggs' decision, “we can put to rest any doubt that our state’s Voter I.D. law is constitutional.”
Biggs had presided in spring 2024 over a non-jury trial in a lawsuit filed by the state NAACP, which argued that the ID requirement violated the U.S. Constitution and the federal Voting Rights Act. At trial, the NAACP alleged Republican legislators passed the voter ID law to entrench their political power by discouraging people historically aligned with Democrats from voting.
But lawyers for the state and Republican lawmakers defending the law argued that Republicans wouldn’t have passed one of the most permissive ID laws if they wanted to entrench themselves in state politics. They argued that the law is race-neutral and contains many more categories of qualifying ID than was allowed under a previously approved 2013 voter ID law that was struck down years ago.
The lawyers also said the General Assembly had legitimate state interests in building voter confidence in elections and preventing voter fraud. Still, nationwide voter identity fraud is rare.
State NAACP President Deborah Dicks Maxwell called the latest ruling in the case “deeply disappointing and ignores the real and documented barriers” that voter ID laws have on certain voters. No decision has been made on whether to appeal.
Even with the federal litigation, the 2018 voter ID law has been carried out since the 2023 municipal elections, after the state Supreme Court upheld the law in a separate lawsuit. Those elections have included the March 3 primary — nearly all of its results were certified on Wednesday.
In her 134-page order, Biggs, who was nominated to the court by President Barack Obama, said evidence in the trial record did suggest the burden to obtain IDs fell more on Black and Hispanic voters. As a result, a disparate number of racial minority voters would be among thousands who will not possess the required ID on Election Day, and “for many their vote will not count when the election is certified.”
Biggs said the state's history of race discrimination and voter suppression warrants finding that the law was enacted with discriminatory intent. But she wrote that court rulings since the lawsuit was filed — including one from a federal appeals court panel in the case — requires "this Court to assign less weight to the historical background” and “almost impenetrable deference to the presumption” that lawmakers approved it in good faith.
Biggs had previously issued in 2019 a preliminary injunction blocking enforcement of the 2018 law, saying it was tainted because the 2013 voter ID law was struck down on similar grounds of racial bias.
But the 4th U.S. Circuit Court of Appeals reversed her decision, writing that she had put too much emphasis on the past conduct of the General Assembly when evaluating the 2018 law.
So based on the “preliminary injunction record, the limited evidence presented at trial, and the arguments of counsel,” the court "concludes that it is compelled by controlling case law” to side with the state and legislative leaders, Biggs wrote Thursday.
North Carolina’s voter ID law offers free ID cars at the Division of Motor Vehicles and at county election offices statewide. People lacking photo ID at the polls should have their votes count if they fill out an exception form or bring in their ID to election officials before the final tallies.
In the separate state court lawsuit, the 2018 law was struck down initially. But when the state Supreme Court flipped from a Democratic to a Republican majority, the justices agreed to revisit the matter and proceeded to uphold photo ID.
Thirty-six states have laws requesting or requiring identification at the polls, 23 of which seek photo ID, according to the National Conference of State Legislatures.
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