Wednesday, July 18, 2018

The Eclipse of American Democracy, Part Nine: Republican Tyranny in North Carolina

When it comes to destroying Democratic institutions, nobody does it quite like North Carolina Republicans. Gerrymandering, racist voter ID laws, closing the polling places - sure, Republicans are doing all that in the Tarheel state, but they're bringing so much more to the game.

From a Time magazine article by Wendy Weiser and Daniel Weiner called, Democracy in North Carolina Could Disappear. Is Your State Next?:

In 2016, "the incumbent Republican Governor lost his reelection bid to Democrat Roy Cooper. Then things turned ugly. Seventeen days before Cooper was to take office, the Republican-dominated legislature passed a package of sweeping changes designed to limit his authority, which the outgoing Republican governor signed into law. The centerpiece of this effort was a plan to ensure continued Republican dominance of powerful state and county boards of elections, which are responsible for running elections in the state and have been controlled by appointees from the Governor’s party for more than a century. (The original law was struck down by a state court in March but then reenacted over Cooper’s veto with only minor changes.)

The new law extends the tenure — indefinitely, for all intents and purposes — of the sitting Republican-appointed Executive Director of the State Board of Elections, North Carolina’s leading election official. She would otherwise have been supplanted by a new Democratic appointee. The law also awards half the seats on state and local election boards to Republicans, which allows them to block any changes to voting rules adopted by the previous Republican-controlled bodies. The law even says Republicans get to chair all election boards during every crucial election year when the President, Governor and all statewide officials are on the ballot.

These changes leave little doubt as to who would really be in charge of North Carolina’s election process — and that is the point. Some legislative leaders openly admitted that one of their main goals of the election board law was to keep Republicans in power."

So in other words, because a Democrat managed to get elected Governor, the Republican sate legislature changed the laws to keep other Republicans in power, and they weren't shy about it. Nor have Republicans limited recent changes to the powers delegated to the Governor to elections boards. They also passed a law that requires that all cabinet appointments be approved by the legislature and that limits the number of state employees the governor can hire and fire to 425. The old limit was 1,500 and was increased from 400 around the time Republican Gov. Pat McCrory took office. Yes, the Republican legislature will cheerfully increase the Governor's powers when a Republican takes over from a Democrat, they reduce them again when another Democrat wins the office.

What else have North Carolina Republicans been up to? How about:

* A 2013 law that made cuts to early voting, created a photo ID requirement and eliminated same-day registration, out-of-precinct voting and preregistration of high school students. North Carolina legislators had requested data on voting patterns by race and, with that data in hand, drafted a law that would "target African-Americans with almost surgical precision," according to the 4th U.S. Circuit Court of Appeals.

* Gerrymandering so severe that Republicans control 10 of North Carolina's 13 US House seats despite the fact the state splits its vote nearly evenly between Republicans and Democrats in Presidential elections.

* Packing the courts. From Ari Berman of Mother Jones: "The GOP attack on the courts began in 2013, when the legislature ended public financing for judicial elections, which had helped elect more minority and women judges. These efforts accelerated after liberal judges gained a 4-3 majority on the North Carolina Supreme Court in 2016. The legislature promptly changed the judicial election system by requiring candidates to represent a political party, the first time a state has moved from nonpartisan to partisan judicial elections since 1921. Republicans reasoned that having to identify as a Democrat would make it harder for liberal judges to win in a GOP-leaning state. The legislature then canceled judicial primaries, giving incumbents (who were mostly Republicans) an advantage due to their name recognition in races where voters were asked to choose among many candidates." Paul Blest of vice.com also notes: "The legislature has passed a number of laws in recent years aimed at limiting the power of the courts, including one (over Cooper’s veto) that phased out three seats on the Court of Appeals, preventing Cooper from making any new appointments in the case of a retirement."

Some good news, over the past two years the courts have not looked kindly on the Republican power grab. The 2013 voter ID law was thrown out by federal courts, and a federal panel has also thrown out the state's congressional map as an illegal racial gerrymander (although the US Supreme Court has put this ruling on hold). A North Carolina court blocked much of the law limiting the Governor's powers of appointment, and another state court blocked the changes to elections boards.

So how are North Carolina Republicans reacting to these judicial rulings? By trying to get rid of the judges responsible, of course. From the Ari Berman article linked above, "Now the legislature has embarked on an unprecedented plan to transform the state’s courts by gerrymandering judicial maps to elect more Republican judges, preventing (Governor) Cooper from making key judicial appointments, and seeking to get rid of judicial elections altogether."

Next time we'll look at Michigan, where Republicans have come up with some novel ways to disenfranchise folks that we haven't discussed yet.

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