In a landmark decision, U.S. District Judge Loretta Biggs has struck down a North Carolina law dating back to 1877 that criminalized voting for individuals with felony convictions. This statute has been a controversial part of the state’s legal framework for nearly a century and a half, but on Monday, it was ruled unconstitutional for its discriminatory origins and disproportionate impact on Black voters.
The law, known for its harsh penalties, targeted individuals who voted while still under felony conviction-related restrictions such as probation or parole. Until recently, even felons who were unaware of their ineligibility to vote could be charged with a Class I felony, which carried significant legal repercussions, including potential prison time.
Judge Biggs’ ruling has significant implications, particularly for Black communities. Her decision underscores the importance of ensuring equal protection under the law, stating the law “was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters.” Black North Carolinians account for nearly 53 percent of the state’s prison population, yet only make up 21.5 percent of North Carolina’s adult population—a disparity reflecting broader systemic issues related to race and justice.
The challenge to the law was brought to court in 2020 by the North Carolina A. Philip Randolph Institute Inc. and Action NC, who argued that the law infringed upon the Constitution’s equal protection clause. Voting rights advocates have long argued that voter suppression tactics disproportionately hinder Black Americans from exercising their right to vote.
The judgment noted the lack of clarity and consistency in the law’s enforcement, which allowed prosecutors to act on personal bias, as Biggs pointed out the potential for “arbitrary enforcement.” The ruling arrived at a critical time when discussions of voter rights are particularly intense, with advocates expressing concerns ahead of the 2024 election.
The North Carolina General Assembly amended the law in 2023 to specify that individuals with felony convictions can only face prosecution if they vote while aware that their voting rights have not been reinstated. In previous iterations of the law, individuals could potentially be criminally responsible even if they were under the mistaken impression or were informed that they were eligible to vote.
While this decision does not affect North Carolina’s strict felony disenfranchisement law, which continues to restrict voting rights for felons on probation, parole, or suspended sentence, it still marks progress in the fight against voter suppression and paves the way for more inclusive and equitable electoral practices.
Relevant articles:
– Judge strikes down North Carolina felon voting law, The Hill, 04/24/2024
– Judge strikes down North Carolina law on prosecuting ex-felons who voted before 2024, ABC News, Tue, 23 Apr 2024 18:46:53 GMT
– North Carolina advocates praise progress as judge finds prosecuting felon voters unconstitutional, Courthouse News Service, Tue, 23 Apr 2024 19:51:47 GMT
– Federal Judge Strikes Down North Carolina Law Criminalizing Felony Voting, Democracy Docket, Tue, 23 Apr 2024 15:53:24 GMT