John Nix: Voter ID provision diverted

Federal Judge Loretta Biggs filed a preliminary injunction halting the Voter ID law in NC on Dec. 27, 2019. What does that mean to North Carolina voters? It will most likely mean that when voting in the March 3, 2020 primaries the NC Board of Elections will not require voter identification. Voter ID provisions are in the form of an amendment to NC Constitution. The amended voter requirements are as follows taken from the Nov. 6, 2018 referendum and subsequent amendment to the NC Constitution:

"Sec. 2. Qualifications of Voter.

“(4) Photo identification for voting in person. Voters offering to vote in person shall present photographic identification before voting. The General Assembly shall enact general laws governing the requirements of such photographic identification, which may include exceptions."

"Sec. 3. Registration; Voting in Person.

“(2) Voters offering to vote in person shall present photographic identification before voting. The General Assembly shall enact general laws governing the requirements of such photographic identification, which may include exceptions."

The amendment had been previously challenged but allowed to continue. This recent injunction creates a real problem for the majority of North Carolinians since they voted in favor of Voter ID requirements. Judge Biggs' decision to intervene has created a scenario in which only Governor Cooper or NC Attorney General Josh Stein can appeal. Since they are both liberal Democrats there is no hurry for them to do so. This also creates a scenario in which the plaintiff (Judge Biggs) and the defendant (Cooper and Stein) want the same thing, no Voter ID provision.

Would we be correct in stating that a federal judge has no jurisdiction over a state constitutional matter? Yes, but the governor would have to make the call to ignore the ruling and move forward as was intended with the Voter ID provision intact. He has no interest in doing so because he would be abandoning his voting base in an election year. Judge Biggs has created one thing, a delay. A delay that causes undue partisan tension over an amendment to the NC Constitution that overwhelmingly passed by referendum.

This action by Judge Biggs is hyper-partisan with zero merit whereby one individual has abused their power to overturn the will of the voting people of North Carolina. It is clearly a case of obstructing constitutional authority by a judge and is illegal. She has also impeded the constitutional authority of another branch of government, as well as, our republican form of government. Judge Biggs is aware of the judicial impeachment process, the same used for impeaching the President of the United States. She's betting it won't happen since only 8 federal judges have been removed from office since reconstruction. But isn't it interesting Judge Biggs is using obstruction as a tool, the same accusation House Democrats have used to impeach President Trump?

Thirty-four states have some form of Voter ID laws. If you are mad that's understandable. Is this the end of the world? No of course not. Voter fraud is real and the Voter ID law was enacted to prevent voter fraud. With the prosecution of voter fraud cases increasing in numbers some form of voter identification is just common sense and necessary. We live in a world where some form of identification is required, no need to name them all. This partisan game will end one day soon and we'll have a strong Voter ID system in place. Until then, get out and exercise your privilege to vote!