Another fight over voting in NC goes to a judge. But could it be resolved out of court?

Lawyers for the state debated with the Democratic Party and progressive groups in federal court Thursday over a new elections law passed by the Republican legislature.

Plaintiffs, which include the Democratic National Committee and the North Carolina Democratic Party, are seeking a court order to block a portion of the law dealing with same-day registration — which they say could lead to votes being unfairly thrown out.

Lawyers for top Republican leaders and the Republican National Committee argued that the new law treats residents using same-day registration the same as voters who register before voting, and that it improves public confidence in elections.

Republicans overrode Democratic Gov. Roy Cooper’s veto in October to enact the new election law, titled Senate Bill 747.

The question before a judge in a Winston-Salem courtroom on Thursday was whether the portion of the law dealing with same-day registration violates current law or the Constitution, necessitating a preliminary injunction to block it.

Same day registration changes

Same-day registration, or registering to vote and casting a ballot at the same time, is allowed in North Carolina during the in-person or one-stop early voting period.

Current law states that voters using same-day registration will be sent two notices to their listed address, and if both of them are returned undeliverable, they will not be registered and their vote will not be counted.

The new law, which is set to take effect on Jan. 1, reduces this to only one notice sent to the prospective voter’s address. If that notice is returned undeliverable, the resident’s registration is canceled and their vote is removed. SB 747 does not lay out any process for the resident to be notified of the denial or to challenge the decision in a hearing.

Lawyers for the plaintiffs argued on Thursday that the new law violates due process rights by not giving prospective voters notice and opportunity to contest the decision to cancel their ballot.

Plaintiffs requested an injunction to block this section from taking effect before the primary election in March, but also said in court on Thursday that they would be happy with a court order directing the State Board of Elections to implement a process for voters whose registration is rejected to be notified and to contest the decision.

Lawyers for the defense said they were not necessarily opposed to creating this sort of process.

Noting that all parties seemed to be somewhat in agreement on a potential resolution, U.S. District Judge Thomas Schroeder gave both parties seven days to try to find a way to resolve the issue without a court order.

The rest of the election law

While not a part of the request for an injunction, the DNC’s lawsuit also targets other provisions of the new law. The complaint argues against the elimination of the three-day grace period for receiving absentee ballots and a section that empowers partisan poll observers to oversee voting.

A separate elections law enacted by the Republican-controlled legislature was temporarily blocked in November by a panel of judges in Wake County.

This law, passed as Senate Bill 749, would restructure state and local election boards by making them have an equal number of Republicans and Democrats and stripping the governor of all appointment power to the boards. Members of the legislature would be responsible for appointing all board members.