Appeals Court Affirms North Carolina’s Jim Crow-Era Returning Felon Voting Law is Unconstitutional, and Questions Why It Wasn’t Repealed



Photo: © WikiMedia Commons (Michael Fleshman)

The striking down of an 1877 Jim Crow-era law making it a crime for citizens convicted of a felony to vote when their rights had not yet been restored was affirmed by a federal appeals court Sept. 12th.  Judges asked why the North Carolina legislature had not already repealed the law. 

Current North Carolina statute automatically restores rights to citizens returning from a felony sentence, IF they’ve completed any aspect of their jail time, any period of probation, post-release supervision, parole, and in some cases, payment of court debt, according to the North Carolina Board of Elections. 

The 1877 law, however, is still on the books. If a returning citizen doesn’t understand those rules, and mistakenly votes, that citizen could end up back in jail.  A lower court struck down the law as unconstitutional in 2024, but inexplicably, the state appealed the case. 

The discriminatory use of that law was at issue in the trial. Evidence showed that between 2015 and 2022, approximately 63% of the people who were investigated for voting offences were Black, yet North Carolina’s population is only 21 percent African American.

While other voting statutes have been updated, and the state claims it no longer prosecutes people under the law, judges questioned why such a law with discriminatory intent was never repealed.  Indeed.  

We’ve linked to more on the case at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

Courthouse News Service – (2024) North Carolina advocates praise progress as judge finds prosecuting felon voters unconstitutional
U.S. District Court for Middle District of NC (Via Courthouse News Service) – Ruling in A. Philip Randolph Institute v. NC Board of Elections
North Carolina Newsline – (May) Federal appeals court panel grills attorneys for North Carolina over felon voting statute
Courthouse News Service – Fourth Circuit finds North Carolina’s felon voter law unconstitutional
Southern Coalition for Social Justice – Federal Appeals Court Affirms: NC Cannot Prosecute Voters Under Racist Law
4th Circuit Court of Appeals (via SCSJ) – Opinion in A. Philip Randolph Institute v. NC Board of Elections  

Groups Taking Action:

 NC A. PHILIP RANDOLPH INSTITUTE, Action North Carolina, Restoration of Rights Project

Register or Check Your Voter Registration:U.S. Election Assistance Commission – How to Register And Vote in Your State



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