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4th Circuit upholds Virginia voter ID law, distinguishes contrary North Carolina ruling

An Arlington, Virginia, polling place on Nov. 8, 2016. Rob Crandall / Shutterstock.com

A federal appeals court has upheld Virginia’s voter ID law in a challenge by the Democratic Party of Virginia and two minority voters.

The Richmond, Virginia-based 4h U.S. Circuit Court of Appeals said the law does not impose an undue burden on minority voting, and there was no evidence lawmakers acted with discriminatory intent, report the Richmond Times-Dispatch, the Washington Post and the National Review.

A different panel of the same appeals court had struck down a North Carolina voter ID law in July, but the circumstances were different in the Virginia case, according to the Dec. 13 opinion (PDF) by Circuit Judge Paul Niemeyer.

The Virginia law requires a valid photo ID, which can include a Virginia driver’s license, a U.S. passport, a Virginia student ID, an employee ID, and a free ID from the Board of Elections. Those who show up at polling places without the required ID are allowed to cast a provisional ballot that is counted if the voter presents a valid ID within three days of the election.

The plaintiffs had contended the law violates their constitutional right to vote and the Voting Rights Act.

A different 4th Circuit panel had overturned a voter ID law in North Carolina. The panel in the Virginia case said that, unlike in the North Carolina case, Virginia lawmakers did not depart from the normal legislative process in enacting the law, and the Virginia’s law’s provisions did not target any particular group of voters. The Virginia law allows university photo IDs, the court noted, and students attending those schools are disproportionately young and African American, the appeals court said.

The case is Lee v. Virginia State Board of Elections.

Hat tip to How Appealing.

See also:

ABA Journal: “Appeals courts are dismantling stricter voter ID laws”