Wake County court rejects GOP attempt to block UNC mobile IDs for voting

The court’s ruling in favor of UNC’s Mobile One Cards may reshape the future of digital voter IDs in North Carolina.

In a swift legal ruling, a Wake County Superior Court judge has denied a request from North Carolina Republicans to block UNC-Chapel Hill students and faculty from using digital versions of their university IDs to vote in the upcoming elections.

READ MORE: NC Republicans sue elections officials for allowing UNC’s digital ID in voting

The case centers around a decision made by the North Carolina State Board of Elections in August, which approved the use of the university’s Mobile One Cards for voting—making it a first in history for the Tar Heel state. The board voted 3-2 in favor of allowing UNC’s Mobile One Cards as valid forms of voter ID, stating that the digital credentials meet the legal standards for photo identification, including a photo of the person and an expiration date.

READ MORE: NC State Board of Elections approves university digital ID to vote

In a lawsuit filed last week, the North Carolina Republican Party and the Republican National Committee argued that the digital IDs violate state law, which they claim only permits the use of physical identification cards, and that allowing digital versions opens the doors to voter fraud. 

“The law does not allow the NCSBE to expand the circumstances of what is an acceptable student identification card, beyond a tangible, physical item, to something only found on a computer system,” the lawsuit said.

The GOP also emphasized that “an image of a photo ID, either as a photocopy or a photo on a mobile device, is not one of the permitted forms of photo ID when voting in person.”

However, the Mobile One Card is more than just an image. It’s a legitimate, secure digital credential issued by UNC-Chapel Hill accessible only through Apple Wallet. Along with the requirements of having a clear photo of the student or employee and an expiration date on the ID, the ID is issued after verifying the individual’s identity using their Social Security number or other identifiers.

In the board meeting that approved the digital IDs in August, board members also said that state law does not explicitly define a voter ID as a physical card. 

“There’s certainly enough flexibility within the statute for us to approve a digital card as a card,” Alan Hirsch, a Democrat, said in the meeting. “I think that’s the way of the world.”

Hirsch said he knows that younger generations don’t carry physical cards often. And with stores accepting digital credit cards to buy groceries, and airports accepting digital boarding passes to get on planes, why can’t the state board do the same for voting?

Part of a larger strategy

This lawsuit is just one of at least four recent legal actions filed by state and national Republicans aimed at restricting voter access in North Carolina. These legal challenges, including efforts to purge more than 200,000 voters from the rolls, are seen by many as attempts to make voting more difficult in a state that could play a critical role in deciding the 2024 presidential election.

READ MORE: Republicans seek to purge 225,000 North Carolina voters

Blocking the use of digital IDs would create an additional hurdle for UNC students, many of whom will rely on their university IDs to vote, especially out-of-state students who may not have in-state driver’s licenses. With the court’s decision in favor of digital IDs, students now have more flexibility in how they prove their identity at the polls.

Student pushback

In response to the lawsuit, UNC students petitioned the university to offer printed physical IDs at no cost ahead of Election Day. Now students, faculty, and staff have the option to obtain physical IDs if needed. Additionally, a student organization intervened in the legal case to defend the Mobile One Cards, arguing that these digital IDs are “the most accessible form of voter ID that UNC students have.”

As legal battles continue over voter access in North Carolina, the ruling on Mobile One Cards could have significant implications for how future elections are conducted. For now, UNC students and faculty can use both physical and digital IDs at the polls, which will provide greater accessibility for voters as the state gets ready for elections.

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