1/The decision in the North Dakota voter identification case actually has a long legal backstory that's worth unpacking, because I am seeing a lot of questions on Twitter in the wake of today's decision (which we covered here) publicintegrity.org/2018/11/01/224…
2/I wrote a story earlier this month that includes a lot of background, and links to earlier court documents for those interested. You can find it here. apps.publicintegrity.org/abandoned-in-a…
3/North Dakota, the only state that doesn't require voter registration, was long an easy state in which to vote. If a voter didn't have ID with all the required info, a poll worker who knew them could vouch for them or the voter could sign an affidavit. apps.publicintegrity.org/abandoned-in-a…
4/In 2013, the legislature passed a law with stricter requirements. I talked over the summer with Phyllis Young of @StandingRockST - now an organizer working with @lakotalaw - who recalls trying to use a passport to vote in 2014, but getting turned away.
5/In 2016, plaintiffs represented by @NDNrights went to court. Judge Hovland - the same judge who issued today's decision - stayed the residential street requirement, among other things, finding it would disadvantage Native American voters. apps.publicintegrity.org/abandoned-in-a…
6/In 2018, after the law had been amended, the state asked him to lift the stay. He again found the law would disproportionately burden Native Americans. The state appealed, and the 8th Circuit in September said the residential street address requirement could go into effect.
7/.@NDNrights appealed that to the Supreme Court, and earlier this month, the court declined to stay the 8th Circuit ruling. Judge Ginsburg wrote a dissent saying the “risk of disenfranchisement is large.”
8/And today, Judge Hovland specifically noted the allegations in the new lawsuit "give this Court great cause for concern" and "will require a detailed response" from the state, but an injunction now "will create as much confusion as it will alleviate" this close to the election.
9/He also came pretty close to saying I told you so, noting, "the litany of problems...were clearly predictable and certain to occur as the Court noted in its previous orders."
10/Meanwhile, the tribes are scrambling to help members get ID, which we covered earlier this week @publici. publicintegrity.org/2018/10/30/223…
11/In the new lawsuit, voters reported having addresses they've used for years - and thought were valid - rejected when they request absentee ballots. It's unclear what will happen when they show up at polls with addresses that aren't in the state system. publicintegrity.org/2018/11/01/224…
12/Mark Gaber, a senior legal counsel at @CampaignLegal, which helped bring the new suit, tonight told me voters should request provisional "set aside" ballots and contact tribal leaders.
13/"Voters who show up with IDs with all of the requirements cannot be turned away and must be allowed to vote a regular ballot notwithstanding the fact that the state has not been able to create a sensible addressing system," he said. FIN
