REV. WARNOCK PRAYING WITH REV. WILIAM BARBER SUNDAY
GOP-LED LEGISLATURE MOVES
TO COUNTER FEDERAL VOTING LAW
By Cash Michaels
Contributing writer
If passed by the Democrat-led U.S. Congress, H. R. 1 (also known as the “For the People Act”) will allow no-excuse mail-in voting, automatic voter registration, and mandate at least 15-days of early voting.
"Since the January election, some 250 voter suppression bills have been introduced by state legislatures all across the country from Georgia to Arizona, from New Hampshire to Florida, using the big lie of voter fraud as a pretext for voter suppression,” said Sen. Raphael Warnock [D-GA] during his first speech on the Senate floor since being elected, endorsing H. R. 1, which has been passed in the U.S. House.
It would also counter most of the so-called “election integrity” measures Sen. Warnock referenced, being passed by a plethora of Republican-led state legislatures across the country, measures, critics say, that target Black, young and other voters who are not likely to choose the Republican Party in future elections to come.
“It is the single most dangerous piece of legislation before Congress, “ Sen. Ted Cruz [R-TX] told Fox News recently. “What I call …the corrupt politicians act.”
“If Democrats pass H.R. 1, it’s going to be absolutely devastating for Republicans in this country,” a Georgia Republican strategist recently told ABC News.
Apparently North Carolina’s legislative Republicans got the memo, because beyond the one “election integrity” bill they’ve filed this session so far (more are expected), this week they’ve also filed House Joint Resolution 330 - “expressing North Carolina’s opposition to any federal action infringing upon the state’s constitutional authority to manage, control and administer elections.”
The joint resolution goes on to state that the U.S. Constitution “vests power in the states” to employ their own election law, and that the federal government does not “delegate” that power.
The proposed resolution then calls out H.R. 1, “…a bill introduced in the United States Congress [that] would obliterate the constitutional arrangement between states and the government of the United States by usurping the constitution power of states [to control elections] by prohibiting various practices and mandating others such as forcing state to conduct an election over an extended period of time, prohibiting states from maintaining voter rolls free from error and obsolete information, and forcing states to accept an elector who does not register to vote in advance, mandates related to mail voting, prohibitions against regulating ballot harvesting, and scores of other intrusions into the power of state to [control]…their elections….”
Section 1 of the joint resolution then makes it clear that H. R. 1 is not welcomed in North Carolina.
“The members of the North Carolina General Assembly oppose any attempt by the federal government to usurp, or otherwise interfere with the State’s legislative sovereign authority over the [control] of elections.”
House Joint Resolution 330 has lots of bark, but legally has little bite, which is Republicans are so desperate to stop it. As in years past, the federal government does have the right to protect the voting rights of all U.S. citizens, especially if it sees a history of violations on the part of states in the past.
Given North Carolina’s notorious past of federal court decisions decrying it’s discriminatory voter ID and unconstitutional redistricting policies, it is no surprise that H. R. 1, if it becomes law, would not be welcomed by Republicans here.
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LITERACY TEST FOR BLACKS
STILL IN NC CONSTITUTION
By Cash Michaels
Contributing writer
As you read this, if you’re an African-American voter in the state of North Carolina, the state’s Constitution requires you to take a literacy test before you cast your next ballot.
Don’t worry, federal law has long rendered this “requirement” null and void in North Carolina law, so don’t expect anyone in or out of uniform at your local voting precinct attempting to force you to prove you can properly “…read and write any section of the Constitution in the English language.”
But at the same time, and what’s still most troubling about this, is that try as they might, state lawmakers just don’t seem to be able to get the literacy test requirement officially scratched from the state’s Constitution.
And in fact, if the majority of North Carolina voters in November 2022 don’t agree to get rid of the requirement, once and for all, it remains on the books.
Toothless, but it stays.
On March 22nd, Charlotte-Mecklenburg NC House Rep. Kelly Alexander Jr., a Democrat, filed the bipartisan House Bill 337 - Constitutional Amendment to Repeal Literacy Test.
“It’s just an insult to the African-American citizens of North Carolina, and to any right-thinking citizens,” Rep. Alexander told Washington Monthly.
“An act to amend the Constitution of North Carolina to repeal the literacy test requirement…” which would effectively repeal Section 4 of Article VI of the state Constitution which states, “Every person presenting himself for registration shall be able to read and write any section of the Constitution in the English language.”
Section 2 of the proposed House Bill 337 adds that the question “shall be submitted to the qualified voters of the Stat at the statewide general election to be held on November 8, 2022, which election shall be conducted under the laws governing elections in the State. Ballots, voting systems, or both may be used in ....”
HB337 continues, “The question to be used in the voting systems and ballots shall be:
[ ] FOR [ ] AGAINST
“Constitutional amendment to repeal the requirement that every person presenting himself for registration shall be able to read and write any section of the Constitution in the English language.”
This is the part where Black voters need to pay particular attention, because it is here where this measure could fall on it’s face, as it apparently has before.
“If a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendment so certified among the permanent records of the office. If a majority of votes cast on the question are against the amendment as set out in Section 1 of this act, the amendment shall have no effect.”
So, you’r e understandably asking yourself, why hasn’t the state of North Carolina gotten rid of this clearly unconstitutional state Constitutional Amendment long before now?
The backstory is fascinating.
It was 1899 when the NC General Assembly passed the controversial constitutional amendment.
Section 4 of Article VI of the NC Constitution was deemed appropriate by the U.S. Supreme Court in 1959 because of the very broad way it was written (see Lassiter v. Northampton County Board of Elections). That allowed local boards of elections to use the requirement differently when it came to Black and White voters.
When the1965 Voting Rights Act effectively declawed North Carolina’s literacy test voting requirement, the state was in no hurry to officially remove it from it’s books.
Finally, in 1969, someone in the state legislature decided the Constitutional requirement needed to go, and put the question before the state’s voters in a referendum.
But 56% disagreed.
During the 2017–18 long session of the NC General Assembly, the state House unanimously passed HB 148, but it died in the Senate Rules Committee.
And during the 2019-20 session, again, even with bipartisan support in the House, the measure did not make out of the House Rules Committee.
Democrats are frustrated that a question so obvious seems so intractable. State Republicans, who have been in charge of the General Assembly since 2011, seem more embarrassed than anything else that they can’t rid the state’s Constitution’s of this ugly Constitutional blight on their watch, even it’s clear their party is engaged in numerous voter suppression schemes in lieu of the November 2020 election.
Tracking what happens with House Bill 337, if it ever get to a statewide referendum in November 2022, and if it does, what the state’s voters do with it, remain the open question.
“Passing this bill with bipartisan support and letting the people of North Carolina have the final say is needed now more than ever to show that our state is moving forward and truly believes in progress,” says bill co-sponsor Rep. Terry Brown (D-Mecklenburg).
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STATE NEWS BRIEFS FOR THURSDAY, MARCH 25
HOLD ON TO YOUR VACCINATION CARD
[WILMINGTON] Many of us are finally getting our second COVID-19 shots of either the Pfizer or the Moderna vaccines, and have the cards nurses gave us afterwards. Experts caution to make sure you hold on to those cards. They tell when, where and what kind of vaccine you’ve received, as well as how many doses (if you’ve receive the single shot Johnson & Johnson, your car should reflect that. You may need those cards to prove your vaccination status down the road, like if you plan to fly, for instance. Keep them in a safe place.
GOV. COOPER EASES COVID-19 RESTRICTIONS
[RALEIGH] By executive order, Gov. Roy Cooper Tuesday announced that he is relaxing restrictions put in place to manage the COVID-19 pandemic throughout the state for the past year. Those restrictions, along with increased vaccinations, have helped to trend the prevalence of the coronavirus down. Now retail store, barbershops and salons can operate at 100% capacity. Restaurants, gyms and pools can operate at 75%, and 100% outdoors. Bars, arenas and conference centers can operate at 50%. All businesses will still mandate masks, and the 6 foot apart rule.
WHITE CREEDMOOR COMISSIONER VERBALLY ATTACKS BLACK CITY WORKER, GETS BANNED FROM BUILDING
[CREEDMOOR] A white Creedmoor city commissioner is now banned from City Hall after she admittedly went to the office of a Black city administrator and verbally assaulted her to the point where the police chief had to step in. Com. Georgana Kicinski has actually agreed with her colleagues, who voted to ban her from City Hall except in case of an official meeting. She voted with the board to also censure her for her behavior. The Black city administrator is seeking a restraining order, and says the censure and an apology isn’t enough.
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