A federal judge has dismissed a significant portion of the lawsuit brought by national and state Republican groups challenging the validity of 225,000 voter registrations in North Carolina. The case, which had sought to force changes to the state’s voter registration process, will now return to state court for final resolution on remaining claims.
U.S. Chief District Judge Richard Myers made the decision after a hearing in Wilmington, ruling that while the Republican National Committee (RNC) and North Carolina Republican Party (NCGOP) could not pursue one of their claims in federal court, the second claim must be decided in state court.
The lawsuit initially alleged that the North Carolina State Board of Elections failed to maintain its voter registration list in compliance with the federal Help America Vote Act (HAVA). Myers ruled that the Republican groups had no legal right to bring this claim, writing in his 44-page order, “Raising up causes of action where a statute has not created them” is not the role of the federal court.
Myers also refused to rule on the Republicans’ second claim, which asserted that the board’s actions violated the North Carolina Constitution by interfering with the fundamental right to vote. He argued that this issue should be decided by state courts, stating that such matters of state constitutional rights are best handled within the state judiciary.
The lawsuit, filed in August, accused the elections board of failing to require identification from prospective voters to prove citizenship, thereby allowing noncitizens to register to vote. GOP groups argued that this violated HAVA, and by not requiring ID from approximately 225,000 voters, the board opened the door for ineligible voters to participate in the elections.
The case will now proceed in state court, where the remaining claims will be evaluated.
Read the lawsuit here.
