North Carolina Supreme Court set to rehear election cases

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TOP LINE

A recently flipped state Supreme Court could have substantial implications on voter ID rules and redistricting in North Carolina.

Republicans earned a 5-2 majority on the court in the November election after Republicans Richard Dietz and Trey Allen defeated Democrats Lucy Inman and Sam Ervin IV, respectively. Prior to the new justices beginning their term — and when Democrats still had a 4-3 majority — the court ruled that Republican lawmakers unconstitutionally discriminated against Black voters by passing a law that requires voter ID in 2018.

The court at that time also ruled that Republican lawmakers gerrymandered its districts against Democrats and needed to redraw its state Senate lines. The congressional map, which was drawn by trial judges because the map drawn by Republican lawmakers was gerrymandered, was upheld in that ruling. Legislators are set to redraw the congressional districts ahead of 2024, anyway.

The U.S. Supreme Court has taken up Moore v. Harper, which stems from the Republican state House speaker challenging the state Supreme Court’s decision to throw out the legislature’s congressional map. Republican legislators argued that the state court had extremely limited authority to police the legislature on federal election matters — a theory known as the “independent state legislature” theory. The U.S. Supreme Court seemed poised to reject a robust reading of that theory during its December hearing of the case, and a decision is expected by June.

But those same Republican leaders — the ones who said that there’s little to no room for state courts to review election laws — turned back to the state court to review said laws. Republican legislative leaders last month asked the court to revisit the voter ID and redistricting cases. Republican House Speaker Tim Moore at the time said that following the November election, voters “clearly rejected the judicial activism of the outgoing majority.”

On Friday, the court voted along party lines to rehear the cases on March 14.

As Rick Hasen, an election law professor at UCLA, points out, the decision to rehear the case on such a quick time frame “raises the question whether the U.S. Supreme Court’s decision in Moore v. Harper could become moot.”

Democratic Associate Justice Anita Earls wrote in her dissent that rehearings are reserved for “rare occasions when the Court was initially unaware of material evidence already in the record or makes an obvious and indisputable error.” The facts of the case are the same, she argued — the only change has been the majority composition of the court.

“Not only does today’s display of raw partisanship call into question the impartiality of the courts, but it erodes the notion that the judicial branch has the institutional capacity to be a principled check on legislation that violates constitutional and human rights,” she wrote.

Democrats have been trying to reform redistricting in the state by proposing an independent commission rather than having the legislature control the process. The latest push, the Fair Maps Act, would place the question to voters as a constitutional amendment. But given the Republican majority, it’s unlikely it will make it on the ballot.

“It’s just unfortunate, because we’re going to be locked into gerrymandered maps again, and it’s hard to overcome those,” said Democratic state Rep. Pricey Harrison, one of the sponsors of the Fair Maps Act. “I think this is a signal that no decision that’s been reached by a North Carolina Supreme Court is going to be looked at as precedent if the current makeup of the court disagrees with the decision for whatever reason.”

It’s Monday. You know where to find me: [email protected] and @madfernandez616.

Days until the VA-04 special election and Wisconsin Supreme Court primary: 15

Days until the Kentucky primary: 99

Days until the Mississippi primary: 183

Days until the Louisiana primary: 250

Days until the 2023 election: 274

Days until the 2024 election: 638

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Presidential Big Board

— The Democratic National Committee approved a new presidential primary calendar over the weekend. Here’s the schedule:

  • Feb. 3: South Carolina
  • Feb. 6: New Hampshire and Nevada
  • Feb. 13: Georgia
  • Feb. 27: Michigan

But there are still logistical challenges that Democrats must face before implementing the new lineup, particularly around New Hampshire and Georgia, where Republican-controlled legislatures and governors stand in the way of changing the primary dates. Earlier this month, the Rules and Bylaws committee granted the pair extensions to June 3, which has also kicked any discussion of sanctions against those states that don’t comply to the summer.

Iowa was removed from the early lineup entirely. State Democratic Party Chair Rita Hart said that “when we submit our delegate selection plan to the Rules and Bylaws Committee, we will continue to do what is best for Iowa, adhere to any state legal requirements and utilize the vote-by-mail process outlined in our application for an early-state waiver.” And the Democratic New Hampshire congressional delegation said the state “will once again host our first-in-the-nation contest” regardless of what “party powerbrokers or those in Washington think.”

— Americans for Prosperity implied that it’s backing a candidate other than Donald Trump in the Republican presidential primary. “And to write a new chapter for our country, we need to turn the page on the past,” Americans for Prosperity CEO Emily Seidel wrote in a memo over the weekend. “So the best thing for the country would be to have a president in 2025 who represents a new chapter. The American people have shown that they’re ready to move on, and so AFP will help them do that.” Seidel also wrote that AFP will get involved in more primaries to elect “better candidates.”

— President Joe Biden’s recent and upcoming speeches may serve as soft launches for his yet-to-be-announced presidential campaign. On Friday in Philadelphia, Biden and Vice President Kamala Harris took a victory lap on strong economic numbers released that week, touted accomplishments from their first term and doubled-down on attacking Republicans as “extreme MAGA.” And in tomorrow’s State of the Union address, Biden will paint the broad strokes of a likely campaign ahead, contrasting his notion of steady leadership with the newly elected, likely chaotic Republican House, POLITICO’s Jonathan Lemire reports.

— Been there, done that. Democrats aren’t too worried about the prospect of a repeat match-up against Trump. But a contest against Florida Gov. Ron DeSantis could be a different story, Bloomberg’s Nancy Cook and Christian Hall report. “Biden allies privately worry that DeSantis’s record could appeal to the same set of independent, female or suburban voters who Biden needs to court to win. Though many also argue DeSantis is not tested nationally and could fumble in the GOP primary, with voters or on the debate stage against other Republicans.”

— Speaking of a potential Biden-Trump rematch … there doesn’t seem to be too much appetite for that from voters, per a Washington Post-ABC poll. “Neither Biden nor Trump generates broad excitement within their own party, and most Americans overall say they would feel dissatisfied or angry if either wins the general election.”

— Republican New Hampshire Gov. Chris Sununu is “definitely thinking about” running for president, he told Jonathan Karl on ABC’s “This Week.”

CAMPAIGN INTEL

FIRST IN SCORE — Swing Left, the liberal group focused on engaging grassroots Democrats, is getting involved in the Wisconsin Supreme Court race. The national organization is encouraging its volunteers to fundraise for the Democratic Party of Wisconsin, participate in canvassing events and phone banks, and write letters to voters.

“There is so much at stake in every election, but in elections like the Wisconsin Supreme Court race, where the country is not necessarily paying attention, but the investors on the Republican side and the most extreme wing of the Republican side certainly are, it is really important that volunteers and grassroots donors on the Democratic side be investing just as heavily,” said Swing Left Executive Director Yasmin Radjy.

The group is focused on communicating the implications of the election, which will decide the majority of the court. Conservative judges currently have a 4-3 majority. The court will have a role in deciding the status of abortion access, voting rights and redistricting.

Radjy noted that Democrats “are still playing a catch-up game” when it comes to investing in down-ballot races. “We still, as a party and as a movement, are much more focused on short term wins than investing in that long term infrastructure.”

The top two vote-getters in the Feb. 21 nonpartisan primary will proceed to the general election on April 4. Liberal candidates Janet Protasiewicz and Everett Mitchell are on the ballot, along with conservative candidates Daniel Kelly and Jennifer Dorow.

Because of the structure of the primary, it is possible that the liberal candidates get shut out. But Radjy said Swing Left is “going to organize like hell to make sure that that is not what the outcome is because of just how much is at stake.”

“My hope is that every person across the country who is anxious about the fate of our democracy and who’s anxious about what they can do, that they understand that participating as a volunteer, as a donor, in this election, literally could be the difference,” she said. “That’s not an exaggerated thing when it comes to an election that comes down to so few votes.”

2024 WATCH — Rep. Victoria Spartz (R-Ind.) is not running for Senate — or any office — in 2024. “Being a working mom is tough and I need to spend more time with my two high school girls back home,” she said in a statement. IN-05 is a safe red seat.

… Former North Carolina Republican Rep. Mark Walker is considering a gubernatorial run, Bryan Anderson reports for The Assembly. He’s reportedly meeting with members of the Republican Governors Association to discuss his potential candidacy. Walker unsuccessfully ran for Senate last year, placing third in the primary.

… “California Dems prepare for fierce Senate battle,” by POLITICO’s Nicholas Wu and Jeremy B. White

… “AAPI groups focus on the CA-47 race, viewing it as a potential pickup in 2024,” by the Orange County Register’s Hanna Kang

… New York Democrat Daniel Buttermann filed for NY-19, currently represented by Republican Rep. Marc Molinaro, who narrowly won in November. Buttermann ran for the state Assembly last year and lost in the general election.

THE CASH DASH

— The split between who Liz and Dick Uihlein — the most powerful donor couple in the GOP, if not all of politics — donate to has come to represent the rift cleaving the Republican Party writ large, POLITICO’s Alex Isenstadt reports. While Liz has spent millions of dollars buttressing the party hierarchy, including candidates and super PACs backed by GOP leaders, Dick has invested even more heavily in tearing it down, pouring millions into far-right primary challengers and insurgent groups.

— “FTX Asks Politicians Who Received Bankman-Fried Donations to Return Money,” by CoinDesk’s Danny Nelson

STAFFING UP

— Isaiah Wartman and Luke Mahoney have launched a new digital firm, WAMA Strategies. Wartman runs the political and digital operation for Rep. Marjorie Taylor Greene (R-Ga.). Mahoney previously was chief of digital strategy at Olympic Media, and is an Elise Stefanik alum.

CODA — HEADLINE OF THE DAY: “Ted Cruz wants two-term limit for senators – and a third term for himself” (The Guardian)