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March 29, 2022
Split North Carolina court finds some felon disenfranchisement violates state constitution
As reported in this local article, "North Carolina’s law banning many people with felony records from voting after they get out of prison is unconstitutional, a state court ruled Monday." Here is more (with a link to the lengthy ruling):
Until now, state law allowed people with felony convictions to vote only once they finish their sentence. That didn’t only include their prison sentence; it also included probation or parole, which sometimes can last for years after someone is released from prison.
Monday’s ruling, first reported by Carolina Public Press, changes that. Now — pending a potential appeal of the ruling — people with criminal records can vote once they have rejoined society and are no longer behind bars. The judges wrote that “if a person otherwise eligible to vote is not in jail or prison for a felony conviction, they may lawfully register and vote in North Carolina."
It wasn’t immediately clear if Republican lawmakers, who have defended the law so far, will appeal again.
The law is unconstitutional for generally violating people’s rights, the judges wrote Monday, but also for being explicitly targeted at Black people. Specifically, they wrote that the law “was enacted with the intent of discriminating against African American people and has a demonstrably disproportionate and discriminatory impact.”...
The News & Observer had previously reported that around 55,000 people might be affected by such a change, after an earlier ruling and subsequent appeal in this same case. The new standard, that people can vote once they leave prison, is the most common practice nationwide, according to the National Conference of State Legislatures. Two states, Maine and Vermont, let people vote even while in prison. But most have at least some restrictions, with varying degrees of severity.
The ruling was 2-1 by the panel of three superior court judges assigned to the case. Judge John Dunlow, a Republican from Granville County, dissented. The two in the majority were Judge Keith Gregory, a Wake County Democrat, and Judge Lisa Bell of Mecklenburg County, who is unaffiliated.
A small part of the law was already struck down just before the 2020 elections, The News & Observer reported, on the basis that in some cases the requirement still functioned similar to a Jim Crow-era poll tax — since some people remained on probation or parole simply for being unable to pay court fines or other costs.
March 29, 2022 at 10:26 AM | Permalink