LIBERTY WATCH. North Carolina Legislative Report Card Session

Transcription

1 LIBERTY WATCH North Carolina Legislative Report Card Session

2 out Liberty Watch The ACLU of North Carolina s legislative report card, Liberty Watch, shows how state lawmakers voted on key legislation affecting civil rights and civil liberties during the legislative session. This report documents the final recorded votes on six pieces of legislation that concerned, respectively, equality, voting rights, privacy rights, juvenile justice reform, and immigrants rights. The ACLU of North Carolina took a on every piece of legislation covered by this scorecard, including those receiving votes in the full House and the full Senate. out the ACLU of North Carolina Since 1965, the ACLU of North Carolina has been our state s guardian of liberty working in courts, the General Assembly, and communities to protect and advance civil rights and civil liberties for all North Carolinians. A nonprofit, nonpartisan organization with more than 30,000 members across the state, the ACLU of North Carolina is a state affiliate of the national American Civil Liberties Union. Visit acluofnorthcarolina.org to learn more. 2

3 EQUALITY House Bill 142: H.B. 2 Replacement ACLU : Opposed Status: Became law, signed by the governor Widespread public backlash, economic boycotts, and a legal challenge from the ACLU and Lambda Legal forced legislators to rewrite House Bill 2, the notorious 2016 law that targeted transgender people for discrimination and prevented state and local governments from extending nondiscrimination protections to people. Unfortunately, the rewrite, H.B. 142, was nothing more than an effort to sidestep criticism, avoid political retaliation, and get back in the good graces of big business and sports organizations. The new language of H.B. 142 created uncertainty about whether transgender people are subject to criminal or other penalties if they use restrooms and other facilities in public spaces. H.B. 2 blocked cities and counties from being able to pass policies that protected people from being discriminated against at their job or when they enter businesses open to the public, like hotels or restaurants. Under H.B. 142, they can t pass those protections until December Although numerous bills were proposed that would have cleanly repealed H.B. 2 and returned North Carolina to the pre-h.b. 2 landscape, none passed either chamber. Instead, legislators passed a bill that perpetuated anti- discrimination. 3

4 VOTING RIGHTS House Bill 1092: ACLU : Opposed Status: Became law, will appear on November 2018 ballot This bill placed a constitutional amendment on the November 2018 ballot that, if approved by voters, will require North Carolinians to show a photo ID in order to cast a ballot in future elections. State lawmakers will get to decide which types of IDs would be allowed and what exceptions, if any, would be granted. The last time the General Assembly tried to enact a voter ID law, in 2013, a federal court struck it down as unconstitutional, finding that legislators had written the law with discriminatory intent and targeted Black voters with almost surgical precision. The law allowed forms of ID disproportionately used by white voters, but not those disproportionately used by Black voters. State records show that there are hundreds of thousands of qualified voters particularly those who are Black, rural, working class, transgender, disabled, or elderly who lack or face challenges to getting a DMV-issued ID. If this amendment is approved by voters, North Carolina would have the most extreme voter ID law in the country, and would be the second state after Mississippi to enshrine that law in the state's constitution. The ACLU of North Carolina believes that lawmakers with a history of voter suppression should not be given a blank check to rewrite our laws in a way that will place hurdles in front of eligible voters, silence their voices, and undermine a fundamental right. 4

5 VOTING RIGHTS Senate Bill 325: The Uniform and Expanded Act ACLU : Opposed Status: Became law after governor s veto was overridden Despite its title, this bill actually limited early voting options for North Carolinians. It eliminated the popular last Saturday* of early voting, when more than 100,000 voters and a disproportionate number of Black voters have historically cast their ballots. It also made it more difficult for local elections officials to keep more early voting sites open by requiring that every early voting site must be open for 17 days and have uniform 12-hour days. Many smaller counties with smaller budgets have relied on previously allowed flexibility to open satellite sites only part-time, when demand for them is highest, because it s a cost-effective way to make voting accessible to more rural residents, those with disabilities, and those without transportation. *A subsequent bill that became law restored the last Saturday of early voting for the 2018 elections. 5

6 PRIVACY RIGHTS Senate Bill 616: Heroin and Opioid Prevention and Enforcement Act ACLU : Opposed Status: Became law, signed by the governor S.B. 616 gives local law enforcement sweeping, unprecedented power to look through a person s entire history of prescription drug use at the pharmacy if they are under investigation for any drug crime, even possessing a tiny amount of any controlled substance. It also eliminates the requirement for law enforcement to obtain a court order, a crucial protection for our constitutional right against unreasonable searches and seizures, before searching someone s prescription records in the state s Controlled Substance Reporting Database. When devising strategies to address our state s opioid crisis, lawmakers should focus on public health solutions endorsed by the medical and treatment communities. Giving law enforcement officers more power to violate people s privacy rights and trample on our civil liberties is never the answer to a public health crisis. 6

7 JUVENILE JUSTICE REFORM House Bill 280: Juvenile Justice Reinvestment Act ACLU : Supported Status: Passed by the House, became law as part of state budget North Carolina was, until this year, the last remaining state in the nation to treat every 16- and 17-year-old charged with a crime as an adult. This 100-year-old policy meant that young people charged with even minor offenses, like shoplifting, would face adult sentences, be housed in adult jails, and face a lifetime of consequences. After years of advocacy by the ACLU-NC and others, the General Assembly finally raised the age of juvenile jurisdiction so that, beginning in December 2019, 16- and 17-year-olds charged with misdemeanors and low-level felonies will no longer be automatically treated as adults in the criminal justice system. This hard-fought victory was achieved after more than a decade of advocacy by the ACLU-NC and partner organizations. Under the new law, most 16- and 17-year-olds charged with a crime will be directed to the juvenile justice system, rather than adult jails, and will receive more effective services and rehabilitative support in a safer environment among their peers. They ll also avoid the lifetime consequences of a permanent criminal record, which makes it difficult if not impossible to go to college, get a job, find housing, and serve in the military. 7

8 IMMIGRANTS RIGHTS Senate Bill 145: Government Immigration Compliance ACLU : Opposed Status: Passed by the Senate, did not become law This sweeping anti-immigrant bill would have directed state police to participate in the federal government s deportation force, punished local governments that enact their own policies related to immigration, and defunded any University of North Carolina institution that limited its role in the enforcement of federal immigration law. The bill, which was approved by the Senate but not voted on in the House, would specifically have: Compelled the UNC system to disclose the immigration status of students to law enforcement upon request, a practice that could violate privacy protections in the federal Family Educational Rights and Privacy Act. Removed the ability of local law enforcement to use local or community IDs to determine a person s residency or identity. Required the N.C. Department of Public Safety to enforce federal immigration laws through the 287(g) program, creating the only statewide program of its kind in the country and turning Highway Patrol officers into immigration agents. Punished local governments that choose to limit their role in the enforcement of federal immigration law. This extreme proposal would trample on people s rights, spread fear and confusion, waste government resources, and fuel the federal government s deportation machine. State lawmakers should not be in the business of telling local officials to target and single out undocumented North Carolinians who work, go to school, and contribute to our communities in countless ways. 8

9 SENATE VOTES Senator County District HB 142 Sen. John M. Alexander, Jr. Sen. Deanna Ballard Wake 15 Alleghany, Ashe, Avery, Caldwell, Watauga 45 SB 145 Immigrants Rights not applicable Sen. Chad Barefoot Franklin, Wake 18 Sen. Dan Barrett Appointed 8/23/2017 Davie, Iredell, Rowan 34 Sen. Tamara Barringer Wake 17 Sen. Phil Berger Guilford, Rockingham 26 Sen. Dan Bishop Sen. Dan Blue Mecklenburg 39 Wake 14 Sen. Danny Earl Britt, Jr. Columbus, Robeson 13 Sen. Andrew Brock Resigned 6/30/2017 Davie, Iredell, Rowan 34 Sen. Harry Brown Jones, Onslow 6 Sen. Angela R. Bryant Resigned 3/18/2018 Halifax, Nash, Vance, Warren, Wilson 4 9

10 SENATE VOTES Senator County District HB 142 Sen. Jay J. Chaudhuri Sen. Ben Clark Wake 16 Cumberland, Hoke 21 SB 145 Immigrants Rights not applicable Sen. Bill Cook Beaufort, Camden, Currituck, Dare, Gates, Hyde, Pasquotank, Perquimans 1 Sen. David L. Curtis Resigned 6/30/2018 Gaston, Iredell, Lincoln 44 Sen. Warren Daniel Burke, Cleveland 46 Sen. Don Davis Greene, Lenoir, Pitt, Wayne 5 Sen. Jim Davis Cherokee, Clay, Graham, Haywood, Jackson, Macon, Swain 50 Sen. Cathy Dunn Davidson, Montgomery 33 Sen. Chuck Edwards Buncombe, Henderson, Transylvania 48 10

11 SENATE VOTES Senator County District HB 142 Sen. Milton F. Toby Fitch, Jr. Appointed 3/23/2018 Sen. Joel D. M. Ford Halifax, Nash, Vance, Warren, Wilson 4 Mecklenburg 38 SB 145 Immigrants Rights not applicable Sen. Valerie P. Foushee Chatham, Orange 23 Sen. Rick Gunn Alamance, Randolph 24 Sen. Kathy Harrington Gaston 43 Sen. Ralph Hise Madison, McDowell, Mitchell, Polk, Rutherford, Yancey 47 Sen. Rick Horner Johnston, Nash, Wilson 11 Sen. Brent Jackson Duplin, Johnston, Sampson 10 Sen. Jeff Jackson Mecklenburg 37 Sen. Joyce Krawiec Forsyth, Yadkin 31 Sen. Michael V. Lee New Hanover 9 11

12 SENATE VOTES Senator County District HB 142 Sen. Paul A. Lowe, Jr. Sen. Tom McInnis Forsyth 32 Anson, Richmond, Rowan, Scotland, Stanly 25 SB 145 Immigrants Rights not applicable Sen. Floyd B. McKissick, Jr. Durham, Granville 20 Sen. Wesley Meredith Cumberland 19 Sen. Paul Newton Cabarrus, Union 36 Sen. Louis Pate Lenoir, Pitt, Wayne 7 Sen. Ronald J. Rabin Harnett, Johnston, Lee 12 Sen. Bill Rabon Bladen, Brunswick, New Hanover, Pender 8 Sen. Shirley B. Randleman Stokes, Surry, Wilkes 30 Sen. Gladys A. Robinson Guilford 28 Sen. Norman W. Sanderson Carteret, Craven, Pamlico 2 12

13 SENATE VOTES Senator County District HB 142 Sen. Erica D. Smith Bertie, Chowan, Edgecombe, Hertford, Martin, Northampton, Tyrrell, Washington 3 SB 145 Immigrants Rights not applicable Sen. Jeff Tarte Mecklenburg 41 Sen. Jerry W. Tillman Moore, Randolph 29 Sen. Tommy Tucker Union 35 Sen. Terry Van Duyn Buncombe 49 Sen. Joyce Waddell Mecklenburg 40 Sen. Trudy Wade Guilford 27 Sen. Andy Wells Alexander, Catawba 42 Sen. Mike Woodard Caswell, Durham, Person 22 13

14 HOUSE VOTES Representative Rep. Jay Adams County District HB 142 Catawba 96 Wake 41 Buncombe 115 Mecklenburg 107 Union 69 Mecklenburg 100 Wake 49 Mecklenburg 92 Mecklenburg 88 Craven, Greene, Lenoir, Wayne 10 Duplin, Sampson, Wayne 21 Rep. MaryAnn Black Durham 29 Burke 86 Rep. Gale Adcock Rep. John Ager Rep. Kelly M. Alexander, Jr. Rep. Dean Arp Rep. John Autry HB 280 Juvenile Justice not applicable Rep. Cynthia Ball Rep. Chaz Beasley Rep. Mary Belk Rep. John R. Bell, IV Rep. Larry M. Bell Appointed 2/15/2017 Rep. Hugh Blackwell 14

15 HOUSE VOTES Representative County District HB 142 Rep. John M. Blust Rep. James L. Boles, Jr. Guilford 62 Moore 52 HB 280 Juvenile Justice not applicable Rep. Beverly G. Boswell Beaufort, Dare, Hyde, Washington 6 Rep. John R. Bradford, III Rep. William Brawley Mecklenburg 98 Mecklenburg 103 Rep. William D. Brisson Bladen, Johnston, Sampson 22 Rep. Cecil Brockman Rep. Mark Brody Rep. Dana Bumgardner Guilford 60 Anson, Union 55 Gaston 109 Rep. Justin P. Burr Montgomery, Stanly 67 Rep. Deb Butler Appointed 2/6/2017 Brunswick, New Hanover 18 Rep. Becky Carney Mecklenburg

16 HOUSE VOTES Representative County District HB 142 Rep. Mike Clampitt Rep. George G. Cleveland Haywood, Jackson, Swain 119 Onslow 14 HB 280 Juvenile Justice not applicable Rep. Jeff Collins Rep. Debra Conrad Franklin, Nash 25 Forsyth 74 Rep. Kevin Corbin Cherokee, Clay, Graham, Macon 120 Rep. Carla D. Cunningham Rep. Ted Davis, Jr. Rep. Jimmy Dixon Mecklenburg 106 New Hanover 19 Duplin, Wayne 4 Rep. Josh Dobson Avery, McDowell, Mitchell 85 Rep. Nelson Dollar Rep. Andy Dulin Rep. Beverly M. Earle Wake 36 Mecklenburg 104 Mecklenburg

17 HOUSE VOTES Representative Rep. Jeffrey Elmore County District HB 142 Alleghany, Wilkes 94 Rep. John Faircloth Guilford 61 Pitt, Wilson 24 Buncombe 114 Cumberland 43 Cabarrus, Rowan 76 Rep. John A. Fraley Iredell 95 Granville, Vance, Warren 32 Rep. Rosa U. Gill Wake 33 Hoke, Montgomery, Richmond, Robeson, Scotland 66 Robeson 47 Craven, Greene, Lenoir 12 Rep. Jean Farmer-Butterfield Rep. Susan C. Fisher Rep. Carl Ford Rep. Terry E. Garrison Rep. Ken Goodman Rep. Charles Graham Rep. George Graham not applicable Rep. Elmer Floyd HB 280 Juvenile Justice 17

18 HOUSE VOTES Representative Rep. Holly Grange County District HB 142 New Hanover 20 Caldwell 87 Wake 11 Rockingham, Stokes 91 Rep. Edward Hanes, Jr. Forsyth 72 Guilford 59 Guilford 57 Cleveland, Gaston 110 Henderson, Polk, Transylvania 113 Rep. Yvonne Lewis Holley Wake 38 Union 68 Davie, Forsyth 79 Bertie, Gates, Hertford, Pasquotank 5 Rep. Destin Hall Rep. Duane Hall Rep. Kyle Hall Resigned 8/7/2018 Rep. Jon Hardister Rep. Pricey Harrison HB 280 Juvenile Justice not applicable Rep. Kelly E. Hastings Rep. Cody Henson Rep. D. Craig Horn Rep. Julia C. Howard Rep. Howard J. Hunter, III 18

19 HOUSE VOTES Representative County District HB 142 Rep. Pat B. Hurley Rep. Frank Iler Randolph 70 Brunswick 17 HB 280 Juvenile Justice not applicable Rep. Verla Insko Rep. Darren G. Jackson Rep. Joe John Rep. Linda P. Johnson Orange 56 Wake 39 Wake 40 Cabarrus 83 Rep. Bert Jones Caswell, Rockingham 65 Rep. Brenden H. Jones Bladen, Columbus, Robeson 46 Rep. Jonathan C. Jordan Ashe, Watauga 93 Rep. Donny Lambeth Rep. Philip A. Lehman Resigned 3/30/2017 Rep. David R. Lewis Forsyth 75 Durham 30 Harnett 53 Rep. Marvin W. Lucas Cumberland 42 19

20 HOUSE VOTES Representative County District HB 142 Rep. Chris Malone Rep. Grier Martin Wake 35 Wake 34 HB 280 Juvenile Justice not applicable Rep. Susan Martin Pitt, Wilson 8 Rep. Pat McElraft Carteret, Jones 13 Rep. Chuck McGrady Henderson 117 Rep. Allen McNeill Moore, Randolph 78 Rep. Graig R. Meyer Durham, Orange 50 Rep. Henry M. Michaux, Jr. Durham 31 Rep. Chris Millis Resigned 9/15/2017 Onslow, Pender 16 Rep. Rodney W. Moore Rep. Tim Moore Rep. Marcia Morey Appointed 4/5/2017 Mecklenburg 99 Cleveland 111 Durham 30 Rep. Bob Muller Appointed 9/26/2017 Onslow, Pender 16 20

21 HOUSE VOTES Representative Rep. Gregory F. Murphy, MD County District HB 142 Pitt 9 Hoke, Richmond, Robeson, Scotland 48 Cabarrus 82 Davidson 81 Haywood, Madison, Yancey 118 Rep. Amos L. Quick, III Guilford 58 Chatham, Lee 54 Franklin, Nash 7 Cumberland 44 Alamance 64 Burke, Rutherford 112 Rep. Stephen M. Ross Alamance 63 Rep. Garland E. Pierce Rep. Larry G. Pittman Rep. Michele D. Presnell Rep. Larry W. Potts HB 280 Juvenile Justice not applicable Rep. Robert T. Reives, II Rep. Bobbie Richardson Rep. William O. Richardson Rep. Dennis Riddell Rep. David Rogers 21

22 HOUSE VOTES Representative County District HB 142 Rep. Jason Saine Rep. John Sauls Lincoln 97 Harnett, Lee 51 HB 280 Juvenile Justice not applicable Rep. Mitchell S. Setzer Catawba 89 Rep. Phil Shepard Onslow 15 Rep. Michael Speciale Beaufort, Craven, Pamlico 3 Rep. Bob Steinburg Camden, Chowan, Currituck, Pasquotank, Perquimans, Tyrrell 1 Rep. Sarah Stevens Rep. Scott Stone Rep. Larry C. Strickland Rep. John Szoka Rep. Evelyn Terry Surry, Wilkes 90 Mecklenburg 105 Johnston 28 Cumberland 45 Forsyth 71 22

23 HOUSE VOTES Representative County District HB 142 Rep. John A. Torbett Rep. Brian Turner Gaston 108 Buncombe 116 HB 280 Juvenile Justice not applicable Rep. Rena W. Turner Iredell 84 Rep. Harry Warren Rowan 77 Rep. Sam Watford Rep. Donna McDowell White Rep. Linda Hunt Williams Davidson 80 Johnston 26 Wake 37 Rep. Shelly Willingham Edgecombe, Martin 23 Rep. Michael H. Wray Halifax, Northampton 27 Rep. Larry Yarborough Granville, Person 2 Rep. Lee Zachary Alexander, Wilkes, Yadkin 73 23