Voting Rights and Suppression: A Conversation with Common Cause NC

by Pat Rosa and Galen Smith

Recently, In the Know Live conducted an interview with Bob Phillips and Tyler Daye of Common Cause North Carolina. (Part 1 and Part 2) Common Cause is a nonpartisan, grassroots organization dedicated to government reform and often focuses on working for free and fair elections. Bob and Tyler discussed the issues and challenges related to elections, voter suppression and gerrymandering in North Carolina as well as other states. Bob recently retired from Common Cause North Carolina after 25 years as the Executive Director. Tyler is the Policy and Civic Engagement Manager for Common Cause NC and has been a strong advocate for redistricting reform.

Voting Rights and Suppression (CC BY 4.0) by Wesley Fryer

Here are some of the major themes of the interview:

Voting rights are under attack: Donald Trump signed an Executive Order severely curtailing voting rights, the Postal Service has changed their postmarking rules which can affect mail-in voting, the SAVE Act was passed by the House last April and is awaiting Senate consideration. Tyler explained how the Save Act essentially would require all voters to provide proof of citizenship to register to vote. This would require presenting a birth certificate or a passport. The problem is that there are millions of Americans that don’t have either one of those two things.

NC’s Senate Bill 747 of 2023 attempted to derail same day registration. Tyler explained how the county election board must verify the voter’s address through a mailer which if it’s undeliverable, then election officials could cancel that registration, and the vote would not count. This is a particular concern for younger voters who may move and change addresses frequently. SB 747 is currently being challenged in Federal court.

Off- Cycle Redistricting: The President’s off-cycle redistricting order to states like Texas set off a firestorm of gerrymandering. Tyler outlined the approaches to gerrymandering such as cracking and packing, when districts are drawn in a way that just splits them apart. Tyler shared an example of “cracking” when in 2016, the North Carolina A&T University campus was split into two different Congressional districts. Tyler also provided an example of “packing” when a former Congressional district was drawn along I-85, stretching from Greensboro to Charlotte to “pack” as many minority voters as possible into one district.

As far as redistricting activities in other states and mid-cycle redistricting goes, Bob explained that Common Cause’s position has been if that mid-decade redistricting must meet fair districting criteria. Since these efforts have not met this criteria, Common Cause has opposed it. Bob noted that independent redistricting is an important means of getting all this out of the hands of the politicians.

What we can do to battle voter suppression: Tyler stated that both the John Lewis Voting Rights Advancement Act and the Freedom to Vote Act would be phenomenal if they were to pass. However, Bob continued “the reality though is the John Lewis act is not going to pass. It might pass the House, if the Democrats can take control in 2026, it’ll never reach the 60 member threshold that the US Senate requires, because that would require Republicans coming on board with this.”

Bob reminded us “and again, it’s a tough, steep mountain to climb. But, this is what elections are all about. I say this again, I know I’ve said it before in a nonpartisan voice, but people need to be informed. They need to understand what’s at stake. And maybe in 2026 we might see a change.”

Independent Redistricting Commission Proposals in North Carolina: Tyler stated that a proposal under consideration in North Carolina would comprise fifteen commissioners - five Democrats, five Republicans, and five not affiliated. None of the commissioners could be legislators or lobbyists. The commission would solicit input from communities via public hearings across the state and the output would be subject to federal criteria. Bob was pessimistic that the majority party in the NC legislature would approve an independent commission, but he acknowledged that it would probably have considerable support if it appeared on a statewide ballot initiative Unfortunately, ballot initiatives in North Carolina are driven by the state legislature, not the voters.

Erosion of the Voting Rights Act (VRA) and Gerrymandering: Bob and Tyler discussed the erosion of the Voting Rights Act (VRA) over time and how Chief Justice John Roberts has been a leading force in weakening this law since his days in the Reagan Justice Department. They also pointed out that an upcoming decision on the Louisiana v Callais case currently on the docket of the Supreme Court can further weaken the VRA and undermine minority voting rights and have wide ranging adverse effects on representation, particularly across the Southern states.

Bob discussed the negative perspective of the U.S. Supreme Court (especially Chief Justice, John Roberts) toward the VRA. Bob cited work in the Reagan Justice Department where Roberts acknowledged the existence of racial discrimination in voting but felt that the VRA provisions were outdated and unnecessary due to progress made in racial discrimination practices over time. Roberts also feels that there is a difference between intent and effect and that if intent is proven then there is racial discrimination. Intent, however, is very difficult to prove. Bob suggested that Roberts’ philosophical belief that electoral maps should not be drawn based on race risks the potential for wiping out the VRA in its entirety.

Presidential Interference in the Midterm Elections: The discussion turned to the potential response from the North Carolina state government if there were attempts by the President in the 2026 Midterm elections to use unlawful tactics (e.g. seizing voting machines, intimidating election officials, and invoking the Insurrection Act to deploy armed forces to intimidate voters). Bob feared that many of the same tactics used in the aftermath of the 2020 election might be employed in the 2026 midterms and indicated that potential responses from state government are limited. Specifically, the state’s options are: (1) the governor’s bully pulpit, (2) filing lawsuits via the state’s Attorney General’s office, and (3) oversight and certification by the State Board of Elections. He discussed uncertainty surrounding the potential partisan leanings of the State Board of Elections and the resulting certification of elections. Bob noted that following legislative changes after the 2024 election, the Board now has a Republican majority with oversight from the Republican State Auditor.

In terms of mitigating voter intimidation prior to voting and attempts to change electoral outcomes, both Bob and Tyler mentioned the importance of adequate funding for state and county boards of elections to ensure adequate staffing and security of physical polling places. They also mentioned the importance of individuals on-the-ground reporting any observed irregularities and encourage support for programs that Common Cause has to monitor the individual County Board of Election meetings. Tyler pointed out that it’s difficult for a Board to take improper actions, if there are members of the public present and holding them to account.

Bob Phillips- 25 Years at Common Cause NC: Serving in his final days at Common Cause North Carolina, Bob discussed the accomplishments he was most proud of and what gives him hope for the future of democracy in both North Carolina and the United States. He was proud of building a strong team from one person to 15 over the years, resulting in the largest Common Cause chapter in the country. Acknowledging the low levels of trust and high degrees of cynicism that many feel toward the government and civic institutions, he pointed out that voting still matters. Bob is optimistic about the future and the efforts made by organizations such as Common Cause and Indivisible Charlotte to get more people to become more engaged and involved in civic affairs and translate that into voting. Bob was especially proud of the outreach and organizing efforts that Common Cause made about 20 years ago to historically black colleges and universities in North Carolina which has led to greater minority engagement.