In a significant victory for voting rights advocates, a federal judge has struck down a North Carolina law criminalizing voting for individuals with felony convictions. The law, originally passed in 1877, made it a felony for people to vote in the state without having their rights restored. However, U.S. District Judge Loretta Biggs ruled on Monday that the law was motivated by discriminatory intent and continues to have a disproportionate impact on Black voters.
Justice Biggs emphasized the racial disparities in felony convictions and prison populations, citing statistics showing that Black North Carolinians account for a disproportionate share of the state’s prison population despite comprising a smaller percentage of the overall population. The plaintiffs in the case, the North Carolina A. Philip Randolph Institute Inc. and Action NC, had argued that the law violated the Constitution’s equal protection clause by targeting Black voters.
The ruling highlights the ongoing concerns about voter suppression tactics that disproportionately affect Black Americans. Voting rights have become a major topic of concern for Black leaders ahead of the 2024 election, and advocates have expressed fears that such tactics could hinder the ability of Black voters to exercise their right to vote.
The North Carolina Constitution prohibits felons from voting unless their rights have been restored by state law. However, a law passed last year clarified that only those who knew their rights had not been restored could be charged with a new felony. Nevertheless, Judge Biggs pointed to the potential for arbitrary enforcement, noting that some district attorneys believed the law required proof of intent while others did not.
The impact of the ruling on the November election remains unclear. However, it is a significant step towards addressing the discriminatory history and impact of felony disenfranchisement laws in North Carolina and beyond.