Regarding North Carolina ... this is a doozy. From pages 39-40:
“The record evidence is clear that this is exactly what was done here. For example, the State argued before the district court that the General Assembly enacted changes to early voting laws to avoid ‘political gamesmanship’ with respect to the hours and locations of early voting centers. J.A. 22348. As ‘evidence of justifications’ for the changes to early voting, the State offered purported inconsistencies in voting hours across counties, including the fact that only some counties had decided to offer Sunday voting. Id. The State then elaborated on its justification, explaining that ‘[c]ounties with Sunday voting in 2014 were disproportionately black’ and ‘disproportionately Democratic.’ J.A. 22348-49. In response, SL 2013-381 did away with one of the two days of Sunday voting. See N.C. State Conf., 2016 WL 1650774, at *15. Thus, in what comes as close to a smoking gun as we are likely to see in modern times, the State’s very justification for a challenged statute hinges explicitly on race -- specifically its concern that African Americans, who had overwhelmingly voted for Democrats, had too much access to the franchise.”
“The record evidence is clear that this is exactly what was done here. For example, the State argued before the district court that the General Assembly enacted changes to early voting laws to avoid ‘political gamesmanship’ with respect to the hours and locations of early voting centers. J.A. 22348. As ‘evidence of justifications’ for the changes to early voting, the State offered purported inconsistencies in voting hours across counties, including the fact that only some counties had decided to offer Sunday voting. Id. The State then elaborated on its justification, explaining that ‘[c]ounties with Sunday voting in 2014 were disproportionately black’ and ‘disproportionately Democratic.’ J.A. 22348-49. In response, SL 2013-381 did away with one of the two days of Sunday voting. See N.C. State Conf., 2016 WL 1650774, at *15. Thus, in what comes as close to a smoking gun as we are likely to see in modern times, the State’s very justification for a challenged statute hinges explicitly on race -- specifically its concern that African Americans, who had overwhelmingly voted for Democrats, had too much access to the franchise.”