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Can North Carolina Enforce Its Voter ID Law?
The NC General Assembly merely anticipated the fraud that would accompany this extremely important presidential election and enacted a common-sense Voter ID bill - a bill that the overwhelming numbers of NC voters demanded of their representatives.
Democracy is our greatest strength. It gives us the opportunity to have government work FOR us and to alter it when it works AGAINST us. And the constitutional principle of 'one person, one vote' has always been a vehicle for Americans to hold their government accountable, and ensure it is responsive to the challenges we face as a nation.
To conclude, I'd like to remind the reader of the options that our Governor, Pat McCrory, and our state legislature can take to provide reasonable and common-sense measures at polling places next month. These options are bold, for sure. And each option will allow us to get around the decision of the 4th Circuit... the dictates of a group of three progressive judges. But what is at stake is the integrity and fairness of the voting process here in our state and our rightful expectation of such. The constitutional bright-line rule of "One Person, One Vote" cannot be undermined. We already know that we can expect voter fraud (and some predict an extensive amount of it) because of the fact that our state is a key battleground state. It would be unconscionable to surrender our electoral votes on account of fraud simply because three judges refused to reject the outdated presumption that NC discriminates against its African-American citizens. Again, the seven options I am suggesting include: (1) Call the state legislature into an emergency session the week before early voting begins and pass another Voter ID law (making minor changes but still keeping the spirit of the law intact - requiring reliable identification to vote); (2) Ignore the opinion of the 4th Circuit, asserting that the court lacked jurisdiction to hear the appeal (just as the federal district court lacked jurisdiction to hear it), citing Article III, Section 2, paragraph 2 of the US Constitution as legal authority; (3) Ignore the OPINION of the 4th Circuit citing just that... it is only an opinion" and the state, in its equal ability to interpret the Constitution, does not agree; (4) Claim that the opinion directly calls each of the state legislators a "racist," defames them as individuals and as a political and must be rejected as libelous and therefore illegal; (5) Claim that the opinion offends traditional notions of States Rights and under the Tenth Amendment, the state has the right and duty to defend its sphere of legitimate governing power, which includes common-sense voting laws; (6) Claim that the opinion is a clear violation of the Separation of Powers because the Court went out of its way to substitute its judicial opinion for the legislature's rightful opinion as lawmakers and therefore illegitimate and unenforceable; or (7) Governor Pat McCrory should issue an Executive Order to all Boards of Election instructing them that a reliable identification is REQUIRED of all persons who show up to vote (and whoever cannot produce one must then-and-there, sign an affidavit and submit to having his or her photo taken).
References:
NC Voter ID Law (HB 589), passed April 2013 - http://www.ncleg.net/Sessions/2013/Bills/House/HTML/H589v7.html
NC Voter ID modifications (HB 836), passed June 2015 - http://www.ncleg.net/Sessions/2015/Bills/House/PDF/H836v6.pdf (see pp. 5-11). Provides relaxed impediments for persons who do not comply with the photo ID requirement of HB 589. Any person who does not have a photo identification will be permitted to vote a provisional ballot (to be counted according to GS 163-182.1A). A person also can fill out a reasonable impediment declaration and vote a provisional ballot (to be counted according to GS 163-182.1B).
Opinion of the 4th Circuit Court of Appeals (NAACP v. McCrory, 2016): http://moritzlaw.osu.edu/electionlaw/litigation/documents/Opinion72916.pdf
SilenceDoGood, Sept. 1, 2016. https://silencedogood2010.wordpress.com/2016/09/01/nc-can-enforce-its-voter-id-law/
Indiana Voter ID Law - http://www.in.gov/sos/elections/2401.htm
Indiana Voter ID law, Indiana Government, Indiana Election Division - http://www.in.gov/sos/elections/2401.htm
Voter Identification Requirements - Voter ID Laws, ACSL (American Conference of State Legislatures), August 31, 2016. Referenced at: http://www.ncsl.org/research/elections-and-campaigns/voter-id.aspx
Josh Siegel, "After Voter ID Defeats, Lessons From Indiana's Law That 'Has Stood Test of Time,' The Daily Signal, August 7, 2016. Referenced at: http://dailysignal.com/2016/08/07/after-voter-id-defeats-lessons-from-indianas-law-that-has-stood-test-of-time/
Bill Whittle discusses the Myths perpetrated by the Black Lives Matter (BLM) movement - https://www.facebook.com/profile.php?id=100004657054354&fref=ts
Section 4 (Title IV) of the Voting Rights Act of 1965 - https://www.justice.gov/crt/section-4-voting-rights-act
Section 4(b) of the Voting Rights Act of 1965 - https://www.justice.gov/crt/section-4-voting-rights-act
List of counties in North Carolina originally identified in Section 4 of the Voting Rights Act and subject to the preclearance requirements of Section 5
Section 5 (Title V) of the Voting Rights Act of 1965 - https://www.justice.gov/crt/about-section-5-voting-rights-act
Crawford v. Marion County Election Board, 553 U.S. 181 (2008). https://www.supremecourt.gov/opinions/07pdf/07-21.pdf
John C. Fortier, "Absentee and Early Voting," AEI Press, June 2014. Referenced at: https://www.aei.org/wp-content/uploads/2014/06/-absentee-and-early-voting_155531845547.pdf
"North Carolina's Voter ID Law Should be Restored," The National Review, August 9, 2016. Referenced at: http://www.nationalreview.com/article/438810/north-carolina-voter-id-law-should-be-restored
Massive Voter Fraud in NY - http://louderwithcrowder.com/voter-fraud-nyc-democratic-election-commissioner/
Voter Fraud ("Clinton Campaign: Whatever You Can Get Away With.. Just Do It!") - https://www.youtube.com/watch?v=rhI6bMbhsDE&feature=player_embedded
Voter Fraud Bombshell in NYC - https://www.youtube.com/watch?v=d4XK8DGeWgU
Clinton Staffer on Tape Discussing Voter Fraud - https://www.youtube.com/watch?v=167TgR5_DY4
Clinton Voter Fraud in Florida - https://www.youtube.com/watch?v=To1dp40LAu8
Thousands of Fraudulent Voter Ballots Marked for Hillary Clinton - https://www.youtube.com/watch?v=-8on9JJLoU8
Largest Voter Fraud Investigation in Texas - https://www.youtube.com/watch?v=GjbgJ7hLLRY
Indiana Voter Fraud Scheme investigation - https://www.youtube.com/watch?v=yNtJn3BJbg4
Voter Fraud in NC (thousands voted more than once in 2012, voting in NC and in at least one other state) - https://www.youtube.com/watch?v=6pUxFoNlI04
Evidence of Voter Fraud (scheme to dump thousands of ballots pre-marked for Hillary Clinton) on Election Day - https://www.youtube.com/watch?v=KkSg7DSkyjs
APPENDIX:
A. PROPOSED EXECUTIVE ORDER
[Drafted by Bart Goswick and referenced at: SilenceDoGood, Sept. 1, 2016. https://silencedogood2010.wordpress.com/2016/09/01/nc-can-enforce-its-voter-id-law/
Proposed Executive Order
From the Office of the Governor of the Great State of North Carolina - For Immediate Release
EXECUTIVE ORDER No. _____
WHEREAS, the U.S. Constitution plainly states that the federal judiciary has certain limitations on what it can, and cannot do. Article III, Section 2, Clause 2 states that any case in which a 'State', or any of its 'Public Ministers' is a party, the Supreme Court shall have 'ORIGINAL JURISDICTION.'
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have ORIGINAL Jurisdiction."
WHEREAS, The 4th Circuit Court of Appeals has clearly overstepped their authority, henceforth the North Carolina State Board of Elections, and all related agencies, shall consider this opinion by the court, issued on July 29, 2016, to be Null & Void. [http://www.ca4.uscourts.gov/Opinions/Published/161468.P.pdf]
WHEREAS, The North Carolina Constitution, Article III, Section 5, Clause 10 states;
"...the Governor may make such changes in the allocation of offices and agencies and in the allocation of those functions, powers, and duties as he considers necessary for efficient administration. If those changes affect existing law, they shall be set forth in executive orders, ..."
NOW, THEREFORE, by the power vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:
The Great State of North Carolina will proceed with our November 2016 general elections according to the provisions and procedures defined in SESSION LAW 2013-381, aka "Voter Information Verification Act" that I signed into law on August 12, 2013. [http://www.ncga.state.nc.us/Sessions/2013/Bills/House/HTML/H589v9.html]
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this ___ day of _______ in the year of our Lord two thousand and sixteen, and of the Independence of the United States of America the two hundred and forty.
B. COUNTIES (JURISDICTIONS) in NORTH CAROLINA ORIGINALLY IDENTIFIED in SECTION 4(b) of the VOTING RIGHTS ACT FOR THE PRECLEARANCE REQUIREMENTS OF SECTION 5 -
(All of the following counties were identified in the 1965 Voting Rights Act, except as noted)
Anson County
Beaufort County
Bertie County
Bladen County
Camden County
Caswell County
Chowan County
Cleveland County
• Craven County
Cumberland County
Edgecombe County
Franklin County
Gaston County
Gates County
Granville County
Greene County
Guilford County
Halifax County
Harnett County
Hertford County
Hoke County
Jackson County (added around 1984)
Lee County
Lenoir County
Martin County
Nash County
Northampton County
Onslow County
Pasquotank County
Perquimans County
Person County
Pitt County
Robeson County
Rockingham County
Scotland County
Union County
Vance County
Wake County (was bailed out around 1984, by court decision and hence no longer subject to the provision)
Washington County
Wayne County
Wilson County
And now for your additional voting pleasure:
Go Back
Democracy is our greatest strength. It gives us the opportunity to have government work FOR us and to alter it when it works AGAINST us. And the constitutional principle of 'one person, one vote' has always been a vehicle for Americans to hold their government accountable, and ensure it is responsive to the challenges we face as a nation.
To conclude, I'd like to remind the reader of the options that our Governor, Pat McCrory, and our state legislature can take to provide reasonable and common-sense measures at polling places next month. These options are bold, for sure. And each option will allow us to get around the decision of the 4th Circuit... the dictates of a group of three progressive judges. But what is at stake is the integrity and fairness of the voting process here in our state and our rightful expectation of such. The constitutional bright-line rule of "One Person, One Vote" cannot be undermined. We already know that we can expect voter fraud (and some predict an extensive amount of it) because of the fact that our state is a key battleground state. It would be unconscionable to surrender our electoral votes on account of fraud simply because three judges refused to reject the outdated presumption that NC discriminates against its African-American citizens. Again, the seven options I am suggesting include: (1) Call the state legislature into an emergency session the week before early voting begins and pass another Voter ID law (making minor changes but still keeping the spirit of the law intact - requiring reliable identification to vote); (2) Ignore the opinion of the 4th Circuit, asserting that the court lacked jurisdiction to hear the appeal (just as the federal district court lacked jurisdiction to hear it), citing Article III, Section 2, paragraph 2 of the US Constitution as legal authority; (3) Ignore the OPINION of the 4th Circuit citing just that... it is only an opinion" and the state, in its equal ability to interpret the Constitution, does not agree; (4) Claim that the opinion directly calls each of the state legislators a "racist," defames them as individuals and as a political and must be rejected as libelous and therefore illegal; (5) Claim that the opinion offends traditional notions of States Rights and under the Tenth Amendment, the state has the right and duty to defend its sphere of legitimate governing power, which includes common-sense voting laws; (6) Claim that the opinion is a clear violation of the Separation of Powers because the Court went out of its way to substitute its judicial opinion for the legislature's rightful opinion as lawmakers and therefore illegitimate and unenforceable; or (7) Governor Pat McCrory should issue an Executive Order to all Boards of Election instructing them that a reliable identification is REQUIRED of all persons who show up to vote (and whoever cannot produce one must then-and-there, sign an affidavit and submit to having his or her photo taken).
References:
NC Voter ID Law (HB 589), passed April 2013 - http://www.ncleg.net/Sessions/2013/Bills/House/HTML/H589v7.html
NC Voter ID modifications (HB 836), passed June 2015 - http://www.ncleg.net/Sessions/2015/Bills/House/PDF/H836v6.pdf (see pp. 5-11). Provides relaxed impediments for persons who do not comply with the photo ID requirement of HB 589. Any person who does not have a photo identification will be permitted to vote a provisional ballot (to be counted according to GS 163-182.1A). A person also can fill out a reasonable impediment declaration and vote a provisional ballot (to be counted according to GS 163-182.1B).
Opinion of the 4th Circuit Court of Appeals (NAACP v. McCrory, 2016): http://moritzlaw.osu.edu/electionlaw/litigation/documents/Opinion72916.pdf
SilenceDoGood, Sept. 1, 2016. https://silencedogood2010.wordpress.com/2016/09/01/nc-can-enforce-its-voter-id-law/
Indiana Voter ID Law - http://www.in.gov/sos/elections/2401.htm
Indiana Voter ID law, Indiana Government, Indiana Election Division - http://www.in.gov/sos/elections/2401.htm
Voter Identification Requirements - Voter ID Laws, ACSL (American Conference of State Legislatures), August 31, 2016. Referenced at: http://www.ncsl.org/research/elections-and-campaigns/voter-id.aspx
Josh Siegel, "After Voter ID Defeats, Lessons From Indiana's Law That 'Has Stood Test of Time,' The Daily Signal, August 7, 2016. Referenced at: http://dailysignal.com/2016/08/07/after-voter-id-defeats-lessons-from-indianas-law-that-has-stood-test-of-time/
Bill Whittle discusses the Myths perpetrated by the Black Lives Matter (BLM) movement - https://www.facebook.com/profile.php?id=100004657054354&fref=ts
Section 4 (Title IV) of the Voting Rights Act of 1965 - https://www.justice.gov/crt/section-4-voting-rights-act
Section 4(b) of the Voting Rights Act of 1965 - https://www.justice.gov/crt/section-4-voting-rights-act
List of counties in North Carolina originally identified in Section 4 of the Voting Rights Act and subject to the preclearance requirements of Section 5
Section 5 (Title V) of the Voting Rights Act of 1965 - https://www.justice.gov/crt/about-section-5-voting-rights-act
Crawford v. Marion County Election Board, 553 U.S. 181 (2008). https://www.supremecourt.gov/opinions/07pdf/07-21.pdf
John C. Fortier, "Absentee and Early Voting," AEI Press, June 2014. Referenced at: https://www.aei.org/wp-content/uploads/2014/06/-absentee-and-early-voting_155531845547.pdf
"North Carolina's Voter ID Law Should be Restored," The National Review, August 9, 2016. Referenced at: http://www.nationalreview.com/article/438810/north-carolina-voter-id-law-should-be-restored
Massive Voter Fraud in NY - http://louderwithcrowder.com/voter-fraud-nyc-democratic-election-commissioner/
Voter Fraud ("Clinton Campaign: Whatever You Can Get Away With.. Just Do It!") - https://www.youtube.com/watch?v=rhI6bMbhsDE&feature=player_embedded
Voter Fraud Bombshell in NYC - https://www.youtube.com/watch?v=d4XK8DGeWgU
Clinton Staffer on Tape Discussing Voter Fraud - https://www.youtube.com/watch?v=167TgR5_DY4
Clinton Voter Fraud in Florida - https://www.youtube.com/watch?v=To1dp40LAu8
Thousands of Fraudulent Voter Ballots Marked for Hillary Clinton - https://www.youtube.com/watch?v=-8on9JJLoU8
Largest Voter Fraud Investigation in Texas - https://www.youtube.com/watch?v=GjbgJ7hLLRY
Indiana Voter Fraud Scheme investigation - https://www.youtube.com/watch?v=yNtJn3BJbg4
Voter Fraud in NC (thousands voted more than once in 2012, voting in NC and in at least one other state) - https://www.youtube.com/watch?v=6pUxFoNlI04
Evidence of Voter Fraud (scheme to dump thousands of ballots pre-marked for Hillary Clinton) on Election Day - https://www.youtube.com/watch?v=KkSg7DSkyjs
APPENDIX:
A. PROPOSED EXECUTIVE ORDER
[Drafted by Bart Goswick and referenced at: SilenceDoGood, Sept. 1, 2016. https://silencedogood2010.wordpress.com/2016/09/01/nc-can-enforce-its-voter-id-law/
WHEREAS, the U.S. Constitution plainly states that the federal judiciary has certain limitations on what it can, and cannot do. Article III, Section 2, Clause 2 states that any case in which a 'State', or any of its 'Public Ministers' is a party, the Supreme Court shall have 'ORIGINAL JURISDICTION.'
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have ORIGINAL Jurisdiction."
WHEREAS, The 4th Circuit Court of Appeals has clearly overstepped their authority, henceforth the North Carolina State Board of Elections, and all related agencies, shall consider this opinion by the court, issued on July 29, 2016, to be Null & Void. [http://www.ca4.uscourts.gov/Opinions/Published/161468.P.pdf]
WHEREAS, The North Carolina Constitution, Article III, Section 5, Clause 10 states;
"...the Governor may make such changes in the allocation of offices and agencies and in the allocation of those functions, powers, and duties as he considers necessary for efficient administration. If those changes affect existing law, they shall be set forth in executive orders, ..."
NOW, THEREFORE, by the power vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:
The Great State of North Carolina will proceed with our November 2016 general elections according to the provisions and procedures defined in SESSION LAW 2013-381, aka "Voter Information Verification Act" that I signed into law on August 12, 2013. [http://www.ncga.state.nc.us/Sessions/2013/Bills/House/HTML/H589v9.html]
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this ___ day of _______ in the year of our Lord two thousand and sixteen, and of the Independence of the United States of America the two hundred and forty.
B. COUNTIES (JURISDICTIONS) in NORTH CAROLINA ORIGINALLY IDENTIFIED in SECTION 4(b) of the VOTING RIGHTS ACT FOR THE PRECLEARANCE REQUIREMENTS OF SECTION 5 -
(All of the following counties were identified in the 1965 Voting Rights Act, except as noted)
Anson County
Beaufort County
Bertie County
Bladen County
Camden County
Caswell County
Chowan County
Cleveland County
• Craven County
Cumberland County
Edgecombe County
Franklin County
Gaston County
Gates County
Granville County
Greene County
Guilford County
Halifax County
Harnett County
Hertford County
Hoke County
Jackson County (added around 1984)
Lee County
Lenoir County
Martin County
Nash County
Northampton County
Onslow County
Pasquotank County
Perquimans County
Person County
Pitt County
Robeson County
Rockingham County
Scotland County
Union County
Vance County
Wake County (was bailed out around 1984, by court decision and hence no longer subject to the provision)
Washington County
Wayne County
Wilson County
Considering that Hillary Clinton, from the recently concluded email investigation, is charged with gross negligence, dereliction of duty, was recommended that she lose her security clearance, while pathologically lying to congress, the press and the American People; and even though she was not referred for indictment because she is a Clinton: Will you?
12.84% Vote for Hillary
76.65% Vote for The Donald
10.51% Vote for none of the above
257 total vote(s) Voting has Ended!
What should be the priority of the Federal Government after the "Pulse" massacre: Should we turn our attention toward destroying, earadicating ISIS as Candidate Trump suggests, or, as Democrats' President Obama suggests, broaden our efforts to effect stricter Gun Control laws to limit "Gun Violence?"
83.78% After many years of trying to degrade and contain the murderous ISIS, we should make it the nation's policy to destroy ISIS immediately.
6.08% Gun Violence in America can be eliminated by limiting access to guns for all American citizens.
10.14% I don't care either way; I just live here.
148 total vote(s) Voting has Ended!
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