"It’s hard not to come away with the conclusion that North Carolina’s lawmakers wanted to get caught engaging in unlawfully racial discrimination."
Before enacting that law, moreover, “the legislature requested data on the use, by race, of a number of voting practices.” After receiving that data, “the General Assembly enacted legislation that restricted voting and registration in five different ways, all of which disproportionately affected African Americans.” Indeed, this data appears to have guided the state’s lawmakers in drafting a law that would have maximal impact on African-Americans.
The law did not simply contain a voter ID provision. Rather “the legislature amended the bill to exclude many of the alternative photo IDs used by African Americans” while simultaneously retaining “only the kinds of IDs that white North Carolinians were more likely to possess.” (Although, in fairness, this provision was later watered down.)
The legislature’s data on racial voting patterns showed that “African Americans disproportionately used the first seven days of early voting,” and so “the General Assembly amended the bill to eliminate the first week of early voting.” The data showed that “African American voters disproportionately used [same-day registration] when it was available,” and so same-day registration was cut as well. The law also eliminated out-of-precinct voting, which “required the Board of Elections in each county to count the provisional ballot of an Election Day voter who appeared at the wrong precinct, but in the correct county, for all of the ballot items for which the voter was eligible to vote.” African-Americans, meanwhile, were especially likely to take advantage of this practice.