Release those emails on new election laws

House Speaker Thom Tillis, Senate President pro tem Phil Berger and 11 other Republican legislators have a novel attitude about their standing in court. They say that they shouldn’t have to defend themselves for their official actions.

The Republicans are arguing against release of email and other correspondence related to the new Voter Identification Law that was signed by Gov. Pat McCrory in August. They’re claiming legislative immunity, a well-recognized privilege, but expanding its reach.

They contend that immunity extends not only to traditional protections against criminal and civil prosecution, but also to defending their decisions when the constitutionality of legislation is questioned.

The NAACP, American Civil Liberties Union, League of Women Voters of North Carolina, the U.S. Justice Department and others are suing the state over the law. According to The News & Observer of Raleigh, the plaintiffs want a federal judge to order release of email and other correspondence to determine whether the Republican legislators knew of, and discussed, any vote-suppressing impact the law would have on minority groups that vote heavily Democratic.

This isn’t a question of legislative immunity. It’s a matter of open government.

North Carolina law requires open public meetings and public records so the public can make that very kind of determination about the government that writes their laws.

The public’s specific right to see email and other correspondence produced by governmental bodies was established long ago, and the Journal editorial board has strongly supported the rights of all citizens, regardless of political ideology, to inspect such records, whether they be of legislators or UNC professors.

These 13 legislators assume a dangerous power for themselves. In effect, they contend that they can change laws that go to our most cherished constitutional rights – in this case, the right to vote – and yet they can’t be questioned about it during a judicial hearing.

Such a system isn’t democratic. To the contrary, it smacks of a conceit and arrogance more associated with totalitarian states. The federal court must open those records so North Carolinians can see what the legislators are trying to hide.