North Carolina Voter ID Law Upheld in Federal Court After Long Legal Battle

After over seven years of legal warfare that pitted Leftist groups against North Carolina’s Republican-led legislature, a federal judge who was nominated to the court in 2014 by President Barack Obama, delivered a significant ruling on March 26, 2026, finally upholding the state’s photo voter ID law.

The decision by U.S. Federal District Court Judge Loretta Biggs is a huge victory for voters and Republican legislative leaders who passed SB 824 in late 2018, weeks after voters approved a constitutional amendment backing the idea.

SB 824 passed mostly along party lines, 30 - 10 in the NC Senate and 72 - 40 in the State House. With the legislation, the NC General Assembly had legitimate state interests in building voter confidence in elections and preventing voter fraud.

Republican leaders hailed the verdict as an important win for election integrity and public confidence. NC Senate Leader Phil Berger said, “Finally, after seven years, we can put to rest any doubt that our state’s Voter I.D. law is constitutional. This is a monumental win for the citizens of North Carolina and election integrity efforts.”

Disgruntled Democrats labeled the ID law as “racially discriminatory.”

The law safeguards—free photo IDs, a broad list of acceptable documents, and an on-site affidavit/exception process if they fill out an exception form or bring in their ID to election officials by election day. The law also allows provisional ballots. Voters can use driver’s licenses, passports, military IDs, tribal cards, or certain student IDs.

“It is important that this Court begins by recognizing what this case is, and what it is not,” Judge Biggs said in her 134-page order - “This case is not about whether North Carolina law will require that voters show photo identification when they go to the polls. That question was settled on November 6, 2018, when approximately 55% of North Carolina’s registered voters enshrined a photo voter identification requirement in the State Constitution. Thus, there will be photo voter ID in the State of North Carolina. In our democratic system of government, we must accept the will of the majority of voters on this issue. Based on the preliminary injunction record, the evidence presented at trial, and the arguments of counsel, the court concludes that it is compelled by controlling case law to side with legislative leaders and the state elections board.”

The court also found that the law does not violate the Fourteenth or Fifteenth Amendments of the U.S. Constitution or Section 2 of the Voting Rights Act (does not discriminate on the basis of race or color).

Biggs had previously issued, in 2019, a preliminary injunction blocking enforcement of the 2018 law, saying it was tainted because a 2013 voter ID law was struck down on similar grounds of racial bias. But the 4th U.S. Circuit Court of Appeals reversed her decision.

During litigation, the 2018 voter ID law has been carried out since the 2023 municipal elections, after the state Supreme Court upheld the law in a separate lawsuit, ruling that requiring voters to show photographic identification before casting their ballots is NOT unconstitutional.

Then, in 2024, Biggs presided over a trial (that included over 2 dozen witnesses) in a federal lawsuit filed by the state NAACP, which argued that the ID requirement violated the U.S. Constitution and the federal Voting Rights Act.

Lawyers for Republican legislators helped defend the law, alongside state attorneys who argued it is race-neutral and includes many more qualifying ID categories than the 2013 voter ID law that was struck down. Saying the measure promoted election integrity and public confidence without unconstitutional discrimination. The case remained under advisement for nearly two years as Judge Biggs reviewed it.

Most North Carolina voters vote in-person (early voting typically begins 17-19 days before Election Day). NC has extensive in-person early voting sites and high early voting participation. To vote by mail, you must request it.

In person → Show photo ID when you check in (or fill out an exception form).

By mail → Include a photocopy of your photo ID with the ballot return envelope (or complete an ID Exception Form).

Since the 2020 elections, many state legislatures have upgraded voter ID laws or significantly advanced new/expanded voter ID requirements (Arkansas, Georgia, Idaho, Missouri, Montana, Nebraska, North Carolina, Ohio, Texas, West Virginia, and Wyoming). Most new or strengthened laws passed in Republican-controlled legislatures with votes falling heavily along party lines—Republicans overwhelmingly in favor, Democrats almost always opposed…

36 states now require or request some form of identification at the polls, 23 of which seek photo ID, while 14 states plus D.C. do not mandate any documentary ID for in-person voting on Election Day.

If the SAVE America Act (H. 7296 / S. 1383), introduced in January 2026 by Utah Senator Mike Lee and TX Rep. Chip Roy, becomes law - all 50 states may soon be required to comply with new federal elections voter ID and citizenship registration verification laws.

Thank you, Judge Biggs, for listening to the people of NC! Many recent polls show voters overwhelmingly support voter ID requirements, including Gallup 84%, Pew 83%, Rasmussen 77%, CBS 80%, and others.

Since 2024, Arkansas, California, Kansas, Nevada, Michigan, South Dakota, and Washington state legislators and political activists have been working on various types of Election Integrity Voter ID / Citizenship Verification Measures, Laws, Citizen Initiatives, etc., for the 2026 November midterm elections.

For WA state, a new 2026 WAGOP Voter ID Citizens’ Initiative to the People, “IP26-500” which requires proof of citizenship to register to vote, is out and needs at least 308,911 registered voter signatures by July 2nd to be on the Nov 3, 2026, general election ballot. Petitions are available at most WA state county GOP offices. 

FULL SUBSTACK ARTICLE HERE