It’s Time to Vote!

by Nelda Holder

On October 1 the 4th U.S. Circuit Court of Appeals granted a preliminary injunction against two controversial provisions of the election law.

The ruling reinstated same-day registration and voting, and overturned the part of the law that would not count ballots cast outside one’s home precinct. For the present, at least, citizens who do vote by mistake in the wrong precinct will have their ballot counted as a provisional ballot, pending confirmation of their registration and eligibility to vote in the election.

North Carolina’s general election is right around the corner. Early voting in Buncombe County begins in various sites on October 23, and general election day for precinct voting is on Tuesday, November 4, 2014.

And although voting in 2014 is taking place under new rules passed last year by the N.C. Legislature (currently being contested in federal court; see note on page 18), the much-publicized photo identification provision does not begin until 2016 – two years from now.

That means that when you vote in 2014, you are NOT required to show a photo ID. But you WILL be asked if you have one.

Under a system designed by the NC State Board of Elections, voters will get a heads-up on the requirements for 2016 photo identification. This procedure means that when you identify yourself in order to obtain your ballot, you will be:

• asked to check your current registration name for accuracy.

• asked if your registered address is accurate (and whether you will have lived there for at least 30 days before election day).

• informed that you will need a photo ID by 2016, and asked if you have one of the six permissible forms (NC driver’s license or special DMV identification card; U.S. military ID card or US Veterans ID card; Tribal enrollment card, federally-recognized tribe or NC-recognized tribe; out-of-state driver’s license ONLY if your registration date is 90 days before the election).

• asked to sign an “Acknowledgment of No Photo ID,” and given a card with instructions on how to obtain one.

Trena Parker, director of the Buncombe County Election Services, says that if someone chooses not to sign the form, staff will simply note on it “preferred not to sign.” A signature on the form is not required in order for you to proceed to the voting booth.

SBOE spokesman Josh Lawson further explained that the state office will compile a list available to “outreach persons here at the state board – as well as other outreach organizations” who may want to advocate with voters to obtain the appropriate identification.

“Voters need to vote early and be patient as the new law is being implemented,” urged Sara Zambon, president of the nonpartisan League of Women Voters of Asheville-Buncombe County (www.ablwv.org). “Voting may take longer … (and) voters must understand that they will be asked if they have an ID but do not need to show it to vote. They will be asked so that if they don’t have one they can get one before 2016.”

Asked how much time she thought the ID inquiry might add to voting, Parker said she thought it would take very little extra time, but added, “I’m expecting several things to add time – the no straight-party (voting) will add time – people filling in more bubbles than they normally do, people will be parking longer, in the booth longer.”

“We’re planning on throwing everything we’ve got out there,” Parker promised, saying the office will distribute as many voting machines as possible to speed up the process.

Changes in voting law that ARE in effect for 2014 include the following:

No same-day registration: You must be registered by October 10, including any change of address that needs to be made. You will no longer be able to register and vote at the same time during early voting.

Early voting period shortened by one week: Start date for early voting is Thursday, October 23; end date is Saturday, November 1. (Click here for times and locations.)

No straight-party voting:Voters will have to mark each ballot item separately.

No out-of-precinct voting: On election day (November 4), you will no longer be able to file a provisional ballot if you are at an incorrect precinct. To vote, you must go to your correct precinct’s polling place.

Mail-In Absentee Voting Change

Absentee ballot requests must be on a form from the county board of elections (phone 250-4200). The form asks for your ID number (from a DMV photo ID) or the last four digits of your Social Security number.

Alternatively, you may mail in one of these ID documents containing with name and current address: a utility bill, bank statement, paycheck, or any government document. The elections office will then send your ballot. The completed ballot must have voter’s signature and the signature and addresses of TWO witnesses or ONE notary public (who cannot charge a fee), and the name, address and signature of anyone assisting a voter unable to sign.

Potential Increase In Voter Registration Challenges

The new law allows an increase in the number of official observers permitted at the polls, and also allows any Buncombe County voter with a “valid reason” to challenge any person’s right to vote. (During early voting, a challenger must be registered in the same county; on Election Day, a challenger must be from the same precinct.) If challenged at the polls, the potential voter has a right to request a “challenged ballot,” which will be kept sealed and on file for six months, or may be reviewed in the case of a contested election. (Voters experiencing problems at the polls may call Parker’s office directly: 828-250-4200.)

“Voters should check their registration status online before October 10,” cautioned Zambon, “because there will no longer be same-day registration. And they need to check that they are registered at their current address,” she urges.

Zambon offered another resource for people who have questions or problems on Election Day. “They can call the national toll-free Election Protection phone number 1-866-OUR-VOTE.” The nonpartisan Election Protection also offers a Spanish-language hotline, 1-888-Ve-Y-Vota. Their website address is www.866ourvote.org.

“It is imperative that people show up and vote this year, especially young people,” Zambon also said. “In 2010 only 44 percent of registered voters voted and only 17 percent of those registered voters between the ages of 18 and 25 showed up.”

Author’s note: The 2013 Voter Information Verification Act has been challenged in a lawsuit brought in U.S. District Court by the U.S. Department of Justice, the NAACP, the American Civil Liberties Union, the League of Women Voters of NC, and others. There is a judicial opinion pending as to whether the 2014 general election will go forward under the new law. If the current status changes before or during the voting period, the Urban News will update this information on its website.