Finally, the federal government will challenge a provision in the new law that requires voters to present government-issued identification at the polls in order to cast ballots. In North Carolina, a recent state board of elections survey found that hundreds of thousands of registered voters did not have a state-issued ID. Many of those voters are young, black, poor or elderly.
In remarks Sept. 20 to the Congressional Black Caucus, Holder said the Justice Department will not allow the Supreme Court’s action to be interpreted as “open season” for states to pursue measures that suppress voting rights.
The Justice Department will ask a federal judge to place the four provisions in North Carolina’s new law under federal scrutiny for an indeterminate period — a process known as pre-clearance. However, the provision of the Voting Rights Act that the Justice Department is invoking may be a difficult tool for the Obama administration to use.
A handful of jurisdictions have been subjected to pre-clearance, or advance approval, of election changes through the Civil Rights Act provision it is relying on, but a court first must find that a state or local government engaged in intentional discrimination under the Constitution’s 14th or 15th amendments, or the jurisdiction has to admit to discrimination. Unlike other parts of the voting law, the discriminatory effect of an action is not enough to trigger court review.
Nowhere is the debate over voting rights is more heated than in Florida, where the chaotic recount in the disputed 2000 presidential race took place.
Florida election officials are set to resume an effort to remove noncitizens from the state’s voting rolls. A purge last year ended in embarrassment after hundreds of American citizens, most of whom were black or Hispanic, were asked to prove their citizenship or risk losing their right to vote.