Protect Our Vote NCCampaign Update

The Fight Against Photo Voter ID in NC: NC NAACP v. DeLuca (Formerly NC NAACP v. Cooper)

May 13, 2024
In December 2018, Forward Justice filed a lawsuit on behalf of Plaintiffs NC NAACP— NC NAACP v. DeLuca (formerly NC NAACP v. Cooper), challenging the validity of North Carolina’s photo voter ID law (S.B. 824).  The lawsuit argues that S.B. 824 violates Section 2 of the Voting Rights Act, as well as the Fourteenth and Fifteenth Amendments, because the law was passed with discriminatory intent and designed to dilute the voting power of Black and brown voters.
On Dec. 31, 2019, the U.S. District Court for the Middle District of North Carolina issued a 60-page opinion, granting Plaintiff’s motion for a preliminary injunction and blocking North Carolina’s photo voter ID law. The Court found that the passage of this law was likely motivated by racially discriminatory intent in violation of the Voting Rights Act and the Constitution.

The Trial

From May 6–13, 2024 we went to trial in federal court in Winston-Salem, NC in an effort to overturn this discriminatory law.

Nearly two years after the trial concluded, a federal Judge ruled in favor of Defendants in a federal challenge to North Carolina’s photo ID law, citing drastic changes in the law of Federal Courts as the driving force behind the decision.

Despite the immediate ruling’s failure to overturn the discriminatory law, the Federal District Court agreed with Plaintiffs throughout the decision, including recognition of the deeply discriminatory racial impact of the law, stating that “the record before this Court makes clear that [because of this law] it is simply much more difficult for racial minorities to vote and to have their vote counted.” 

We filed a Notice of Appeal in the case with the Middle District of North Carolina on April 29, 2026. The same day that the U.S. Supreme Court gutted Section 2 of the Voting Rights act in their Louisiana v. Callais decision.

Our opening brief was filed on September 30, 2026. This case is one of our last remaining defenses against the onslaught of voter suppression tactics being levied against North Carolinians by extremist legislators. We continue to stand ready, with the overwhelming weight of the evidence and the will of the people behind us, to defend voting rights for the people of North Carolina.

Some Impacts of Photo Voter ID

  • The law is unnecessarily burdensome
  • The reasonable impediment option (ID Exception form) does not eliminate the disproportionate burden on minority voters
  • Other means of voting for people without acceptable ID do not eliminate the disproportionate burden on minority voters
  • Minority voters are less likely to possess acceptable ID
  • The costs of obtaining acceptable ID are significant
  • The law will do little to improve election security or public confidence in elections
  • Lack of public knowledge is likely to affect voter turnout

Legislators argue that voter ID was needed to combat voter fraud and increase public confidence in elections, yet voter fraud is statistically nonexistent in our state. In fact:

  1. The 2013 report by the State Board of Elections on “documented cases of voter fraud in North Carolina” concluded that between 2000 and 2012, out of nearly 40 million votes cast, only two cases of voter impersonation were referred to a district attorney.
  2. The SBOE Post-Election Audit Report for the 2016 General Election found that only two cases of voter impersonation were referred to a district attorney out of the 4.8 million votes cast in that election.

Why This Matters

More than a decade has passed without full federal voting rights protections, and elected officials across the South continue to chip away at the voting rights of their constituents and the promises of our democracy. In almost every branch of government, we’re seeing our rights and freedoms being attacked and eroded. North Carolina’s lawmakers are using redistricting, gerrymandering, felony disenfranchisement, discriminatory photo voter ID requirements, and other predatory elections laws to restrict access to the ballot and try to cement their own power.

Since 2018, we have stood with our clients, including the late Rosanelle Eaton, in their fight to ensure that Black, brown, and poor people are not excluded from our democracy and denied their constitutional right to vote.

How You Can Get Involved

Join us for the Protect Our Vote NC Tour. Protect Our Vote NC (POV NC) is a campaign aimed at ensuring that Black and Brown voters, and voters in rural areas, are protected and informed during elections. As we head into the 2026 election season, Forward Justice is launching the POV NC tour to build relationships with local communities and organizations while providing them with resources and information on voter intimidation, safe sites, current voting rights laws and updates on the current photo voter ID case, while activating registered and unregistered voters for the coming election and working to understand their local issues and concerns.

Use our voter protection hotlines. As a part of our work to protect voters in the state, Forward Justice is running two direct, nonpartisan voter protection hotlines:

  • Nonpartisan NC Voter Protection Hotline: If you have questions about your voter registration status, voting by mail or in person, or photo voter ID requirements — or if you experience any form of voter intimidation — call 1-888-OUR-VOTE (8683).
  • Second Chance Voter Hotline: If you are directly impacted by the criminal legal system and have questions about your eligibility to vote in North Carolina, call 1-877-880-VOTE (8683).

Voter Information and Resources

Media Coverage of the Case

Case Information Kit