Department of Justice Takes Action Against North Carolina Over Voter Registration Issues

Department of Justice Takes Action Against North Carolina Over Voter Registration Issues

The Department of Justice has filed a lawsuit against the State of North Carolina and its State Board of Elections for purportedly failing to maintain accurate voter rolls. This legal action underscores concerns regarding compliance with federal voting laws.

The Trump administration asserts that North Carolina violated the Help America Vote Act, also known as HAVA, established in 2002. Central to the case is an issue related to the state’s voter registration forms. These forms did not clarify whether applicants were required to provide a driver’s license number, or if they could alternatively submit the last four digits of their Social Security number. In cases where applicants lack both identification types, the law mandates that the state issue a unique identifying number.

Lawsuit Details

The lawsuit contends that a notable number of voters in North Carolina were registered without supplying either a driver’s license number or the necessary Social Security digits. This situation constitutes a direct violation of HAVA. Furthermore, legal representatives claim that the defendants took only limited steps to rectify or prevent further breaches of the law.

The DOJ filing states, “Upon information and belief, a significant number of voters currently listed in North Carolina’s voter registration files lack a driver’s license number or any other valid identifying number,” as required by HAVA.

Importance of Accurate Voter Registration

Assistant Attorney General Harmeet K. Dhillon, from the DOJ’s Civil Rights Division, emphasized the necessity of accurate voter registration rolls, stating, “Accurate voter registration rolls are crucial to ensure that elections in North Carolina are conducted fairly, accurately, and without fraud.” Dhillon further declared that the Department of Justice remains committed to addressing jurisdictions that do not uphold federal voting regulations.

Previous Acknowledgment of Issues

A former version of the state elections board, which was predominantly Democratic, recognized these voter registration issues late in 2023 after receiving complaints from the public. Although the board updated its voter registration forms, it opted not to reach out to voters who registered since 2004, missing an opportunity to ensure compliance before the upcoming elections in 2024.

The lawsuit suggests that the state elections board intended to gather missing information only in an ad hoc manner as voters appeared at polling places. As of now, it is unclear how many registered voters still do not possess the required identifying numbers.

DOJ’s Requests and Regulatory Changes

Legal experts from the DOJ are pushing for a judicial order that would grant North Carolina 30 days to devise a strategy for contacting voters whose records lack compliance with federal law. This plan would involve acquiring the missing identifying numbers and integrating them into the state’s electronic voter registration database.

In the past, both state and national GOP factions initiated similar lawsuits over the absence of identifying numbers, estimating that approximately 225,000 voters could have been impacted. Unfortunately, previous federal judges dismissed attempts to alter electoral processes so close to the general election.

Executive Order and Election Challenges

The lawsuit also references an executive order signed by President Donald Trump earlier this year aimed at safeguarding against illegal voting practices, discrimination, and other electoral fraud. The order reinforces the federal government’s intent to uphold the integrity of the voting process.

Following Election Day, formal protests emerged, particularly from Jefferson Griffin, a Republican candidate contesting a state Supreme Court seat. Griffin challenged about 65,500 ballots, asserting that around 60,000 of those were cast by voters lacking the requisite identifying numbers. The state election board countered this claim, noting that roughly half of those affected voters had, in fact, provided the needed identification.

Ongoing Legal and Electoral Battles

Griffin’s challenges extended beyond standard voters, targeting another 5,500 ballots associated with overseas military personnel and their families, who were exempt from providing photo ID. He also raised concerns about a specific category of U.S. citizens tied to North Carolina who have never lived in the state.

Despite a state appeals court criticizing the handling of these registration records, the court ultimately ruled that the contested ballots would remain part of the official tally.

Months following the nation’s most closely watched election in 2024, the results confirmed Democratic Associate Justice Allison Riggs as the winner over Griffin by just 734 votes out of more than 5.5 million ballots cast. Even though Griffin conceded, he expressed reservations about the court’s interpretations.

Change in Election Board Composition

This month, the composition of North Carolina’s state election board underwent a significant change in accordance with a law enacted by the GOP-led General Assembly. This shift transferred appointment powers from the sitting Democratic governor to Republican State Auditor Dave Boliek. Consequently, the board now features a Republican majority.

The newly formed board has indicated a willingness to collaborate with the Department of Justice. Executive Director Sam Hayes affirmed the board’s commitment to reviewing the lawsuit and acknowledged existing documentation of the failure to collect required voter information as mandated by HAVA.

“Rest assured that I am committed to bringing North Carolina into compliance with federal law,” Hayes stated, as reported by the Associated Press.

Impending Local Elections

As the state gears up for local elections starting in September, the pressure mounts for North Carolina to resolve its voter registration discrepancies. The implications of this lawsuit extend far beyond the courtroom and directly impact the upcoming electoral process.

The Associated Press contributed to this report.