Federal Judge Strikes Down Law Which Discriminated Against Black Voters

Laws about when ex-felons have their voting rights restored vary from state to state—and even within a state, they can also vary from time to time. That’s certainly been the case in North Carolina, where partisan judicial elections have resulted recently in a confusing maze over when ex-felons are entitled to vote.

That’s why it is good news for democracy and voting rights that a federal court has told North Carolina District Attorneys that they are not allowed to prosecute “felony disenfranchisement” cases against citizens who mistakenly vote before their rights have been restored. U.S. District Court Judge Loretta Biggs ruled last week that the law subjecting them to felony prosecution for such mistakes violates the equal protection and due process clauses of the U.S. Constitution. Biggs ruled the law unconstitutional because the law originally targeted and discriminated against Black voters. The law continued to do so until now. 

Background

According to a news release from the Southern Coalition for Social Justice (SCSJ), the underlying law was originally enacted in 1877 with the explicit intent to disenfranchise Black voters and has remained substantially unchanged ever since. The law made it a felony for a North Carolinian to vote while on parole, probation, or post-release supervision for a felony conviction, even if they mistakenly believed or were told in error by election workers or their parole officers that they were eligible to vote. Voters who were found to have violated the law could face up to two years in prison. SJSC attorneys brought the lawsuit challenging the law, on behalf of impacted state citizens and supportive advocacy organizations. 

“A racially discriminatory law is now a relic of the past. It’s sad that in today’s society we still have laws on the books that specifically discriminate against Black voters, even if some people may choose to ignore this reality,” said Melvin Montford, Executive Director of the North Carolina A. Philip Randolph Institute, one of the plaintiffs in the lawsuit. “The state of North Carolina can no longer enforce this discriminatory law and it’s no longer a tool for district attorneys and the State Board of Election to arbitrarily use.”

Our Work

We strongly support voting rights as the essential tool for citizens to hold their elected representatives accountable for their actions in support of polluters over the public’s interests. This law is just one of the many efforts to silence voices of dissent. Read about more efforts to silence voters in an article from our latest scorecard.

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