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Inside NOVEMBER/DECEMBER 2016 NC Capitol VOL. 8, NO. 11/12 GOP Retains Edge in Legislature p. 4 Connection Naughty and Nice p. 12 FIGHTING FOR FAIRNESS CIVITAS ACTS TO ENSURE ALL VOTERS TREATED EQUALLY BY CIVITAS STAFF The Civitas Center for Law election results,” the lawsuit voters.” the 0.34 percent failure rate for board mailed the verification and Freedom (CLF) is moving asserts. The crux of the suit is that regular voters. notice on the next business forward with a federal lawsuit Civitas President Francis there is simply not enough time Civitas has done its own day – Monday, Nov. 7 – the requesting voter verification De Luca said, “To count SDR for the local county election studies of SDR verification and ballots could not be properly of same-day registrants in ballots without verification of boards to verify applicants’ showed an even higher failure verified until Dec. 7. But, the accordance with the law and voter registration information addresses between the SDR rate. In 2012, we mailed out suit notes, the state board was constitution. The action is discriminates by treating one period and the scheduled day surveys to people who voted scheduled to certify the results taken to ensure such votes are class of voters differently from the State Board of Elections SDR in the primary to see how on Nov. 29. cast properly, and that all voters another. Furthermore, this calls certifies the election. many could not be delivered. Moreover, the lawsuit also says in North Carolina are treated into question the outcome of The lawsuit notes the SBE’s The results: a return rate of 7.3 that federal courts themselves equally and fairly. percent. have “noted the ‘real’ concerns In the lawsuit, CLF called for The lawsuit also asserts “the that arise from the administrative the Eastern District Court to board’s certification of the burdens imposed by attempting require the state to complete election results using ballots to verify addresses of registrants address verification of same-day cast through the SDR process who submit applications at the registrants, to ensure that their violates North Carolina law very end of the early voting votes should count, before they because ballots will be counted period.” were approved as part of the without the voter registrations Originally, the lawsuit final count. having been verified. Moreover, requested a temporary restraining The lawsuit asserts that the use of these SDR ballots order and preliminary injunction many same-day registration creates a separate class of votes to remove same-day ballots from (SDR) ballots are counted in and places non-SDR votes in a certification, but CLF withdrew the final tally even though the separate, unequal category. Use that request in early December. identity of the voters cannot of SDR without fully verifying “Our decision to drop the possibly have been verified by residence prior to counting SDR request for the temporary election authorities. “Specifically, votes also creates [a] separate injunction avoids any continued ballots were cast in the general class of registrants, with non- disruption to the conclusion of election using the same-day SDR in a separate, unequal the election, given the political registration process … but the Francis De Luca at Nov. 22 press conference. category.” realities,” De Luca said. “It is voter registration applications The lawsuit noted how the important to focus on the core submitted through the SDR close elections such as the one we own investigation showed that in SDR process was supposed to issue of the suit, which seeks to process cannot be completely have just concluded. Legitimate the 2012 election the verification work. People could register and ensure the equal treatment of verified until at least nine days voters should never have their failure rate for SDR voters was vote as late as Saturday, Nov. 5. voters under the law." after the board will certify the votes cancelled by illegitimate 2.44 percent, much higher than Even if every county election 2016 Election Likely to Lead to More Battles BY FRANCIS DE LUCA The dust from the election And Republicans elected the 1920s. And, of course, box? They go to court. In North is settling, and the future of more county commissioners Republican Donald Trump Carolina, the key battles for politics and government in and control more county will be the next president. This the next four years may well North Carolina is becoming commissions than ever before. could be a harbinger of a bright be fought in courtrooms. clearer. In the larger picture, future for the type of federalism Cooper won the governorship, For Republicans, it was nationally the more conservative the nation’s founders envisioned and succeeding him as attorney heartening to see a General of the two parties has a stronger – we will have to see. general will be fellow, and much Assembly where they retained more openly liberal, Democrat enough seats to override any Josh Stein. PAID PAID gubernatorial vetoes from The day Gov. Pat McCrory Permit #302 Permit Permit #231 Permit Durham, NC Durham, US POSTAGE US POSTAGE incoming Governor Roy conceded, Stein tweeted: “Now NON-PROFIT ORG. NON-PROFIT NON-PROFIT ORG. NON-PROFIT Winston-Salem, NC Winston-Salem, Cooper (D). we can begin moving NC They carried the state for forward! I am excited to work their presidential nominee with Gov-elect Roy Cooper.” and re-elected a U.S. senator By all accounts, Stein is eager for only the second time since to push the Cooper agenda and Jesse Helms last ran. maybe some even more liberal In Council of State races, policies. Republicans held three In addition, the balance on positions and picked up three the state Supreme Court has more. also shifted. Democrat Mike While they did lose the Morgan, a Wake Superior governor’s race by a narrow Court judge, defeated Justice margin, 2016 marks a high Bob Edmunds, a Republican. water mark for the Republican That gives Democrats a 4-3 NC Capitol Connection 100 Rd Ste 805 Spring Forest Raleigh, NC 27609 8, No. 11/12 Vol. Party and conversely a low hold on governorships and state But what happens when edge on the state’s (supposedly water mark for Democrats. legislatures than any time since liberals can’t win at the ballot CONTINUED ON PAGE 4 nccapitolconnection.com November/December 2016 2 NC Capitol Connection Who Won the Election? Trump’s Supporters BY JAMES TYNEN A lot of election beyond curiosity and were trying At the door to the hangar it was the crowd that broke the Americans he’s seen. coverage talks about to scope out what the brash where he was to speak, a line of into cheers, “USA! USA! USA!” They in turn have scrutinized how Donald Trump billionaire was really going to do. people three and four abreast was “Trump! Trump! Trump!” him carefully, and, obviously, won, but it’s really a When Trump said he didn’t slowly filing in. I began walking story about how his want to touch Social Security, for down the line to get in at the followers won. instance, no one said anything, end. I walked. And I walked. I don’t pretend but I thought I sensed one great, I walked maybe a couple of to know what he’s big sigh of relief. He obviously hundred yards. The line kept really thinking, nor had intuited what voters wanted. going and going. I looked ahead, From the Editor From how good or bad a And they listened very carefully and in dusk, I couldn’t even see president he’ll be. to what he said. the end of the line: The crowd But I’ll suggest that It’s one thing when people disappeared into the shadows Trump won because he forged applaud a politician; it’s another ahead. I glanced right and saw a some kind of link with a huge when they actually listen to him. line of people moving the other chunk of the American people. Maybe the most interesting direction. I first saw him in Raleigh, at encounter was one where I didn’t At some point in the twilight the Dorton Arena on the State see him at all. ahead, the line had turned right, Fairgrounds, in December 2015. When he scheduled an early gone a hundred yards or so, then The crowd was like the audience evening rally in Kinston on Oct. doubled back. Thousands of for a favorite stand-up comedian. 26, some of the experts pondered people had come to Kinston He ripped off one-liners, and whether this was a sign he was to hear Trump speak. they laughed and cheered. Trump giving up. Why Kinston? They waited patiently, quietly. beamed in self-satisfaction. I’m Well, he was headed home The rowdiness of earlier months not sure either he or they took after an event in Charlotte, and had subsided. Vendors tried to it all very seriously. maybe the Kinston Regional peddle Trump merchandise, and anti-Hillary Clinton items, too. People didn’t seem very interested or angry. They were just waiting. A small private plane landed. Donald Trump speaks at Dorton Arena. Was that Trump? People looked around. Then, out of the red He had to step back, applaud, enough of them decided to give and gold sunset, a Boeing 757 give the thumbs-up sign, then him a shot at the White House. emblazoned TRUMP came go back to his speech. It seemed Conservatives see “man of roaring in. his supporters felt they could, the people” as a potentially The thousands of people at times, take charge of the dangerous thing.

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