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Elections board, DNC urge top NC court to avoid suit challenging overseas voter rules

Elections board, DNC urge top NC court to avoid suit challenging overseas voter rules

Supreme Court asked to dismiss lawsuit challenging state’s new restrictions on overseas absentee ballots

The North Carolina State Board of Elections and the Democratic National Committee are urging the state’s highest court to dismiss a lawsuit challenging new restrictions on overseas absentee ballots.

The lawsuit, filed by the North Carolina Alliance for Retired Americans and other groups, alleges that the new restrictions make it more difficult for overseas voters to cast their ballots.

The State Board of Elections and the DNC argue that the lawsuit is premature and that the plaintiffs have not shown that the new restrictions will actually harm overseas voters.

The new restrictions

The new restrictions, which were enacted by the Republican-controlled state legislature in 2021, require overseas voters to:

• Provide a copy of their passport or other identification when they request an absentee ballot.
• Return their absentee ballot by mail no later than 10 days before the election.
• Sign an affidavit stating that they are a U.S. citizen and that they are not currently serving a felony sentence.

The lawsuit

The lawsuit alleges that the new restrictions are unconstitutional because they:

• Discriminate against overseas voters by making it more difficult for them to cast their ballots.
• Violate the Equal Protection Clause of the U.S. Constitution by treating overseas voters differently than other voters.
• Violate the Voting Rights Act of 1965 by making it more difficult for overseas voters to register to vote and cast their ballots.

The State Board of Elections and DNC's arguments

The State Board of Elections and the DNC argue that the lawsuit is premature because the new restrictions have not yet been implemented.

They also argue that the plaintiffs have not shown that the new restrictions will actually harm overseas voters.

The State Board of Elections points out that overseas voters have been able to vote absentee in North Carolina for many years without any problems.

The DNC argues that the new restrictions are not necessary to prevent voter fraud and that they will only make it more difficult for overseas voters to cast their ballots.

The Supreme Court's decision

The North Carolina Supreme Court has not yet ruled on the lawsuit.

The court could dismiss the lawsuit, rule in favor of the plaintiffs, or send the case back to a lower court for further proceedings.

The impact of the lawsuit

The outcome of the lawsuit could have a significant impact on overseas voters in North Carolina.

If the lawsuit is successful, the new restrictions on overseas absentee ballots could be struck down.

If the lawsuit is unsuccessful, the new restrictions will remain in place.