Federal Judge Strikes Down 1877 North Carolina Law Prohibiting Felons from Voting

A federal judge in North Carolina has struck down a 1877 state law that prohibited felons from voting until their rights were restored, ruling that the law violates the 14th Amendment's Equal Protection and Due Process Clauses and disproportionately impacts Black voters. U.S. District Judge Loretta Biggs declared that the law has not been "cleansed of its discriminatory taint" and continues to have a disproportionate impact on Black voters.

The ruling overturns the law that made it a felony for a convicted felon to vote without having their rights restored, which could have resulted in up to two years in jail. However, a separate state law barring felons from voting until they complete their full sentence remains in effect. The judge found that the law, N.C. Gen. Stat. § 163-275(5), was enacted with discriminatory intent and has been arbitrarily enforced over time.

Why this matters: The ruling is a significant victory for voting rights advocates who have long argued that such laws disproportionately impact Black voters and impede their ability to participate in the democratic process. It also highlights the ongoing debate over felon disenfranchisement laws and their impact on marginalized communities.

The plaintiffs, Action NC and North Carolina A. Philip Randolph Institute, argued that the law impeded their mission to inform and register voters, was intended to prevent Black individuals from voting, and has deterred eligible voters with criminal convictions from voting. The General Assembly had amended the law in 2023 to add a "scienter requirement" that required illegal felony voting to be intentional, but the judge still found the statute to be unconstitutional and struck it down.

Judge Biggs cited evidence that the law had been disproportionately enforced against Black voters, noting that Black Americans make up about 13% of the U.S. population, but one-third of Black men have at least one felony conviction, and Black North Carolinians account for nearly 53% of the state's prison population. The judge also pointed out the law's potential for arbitrary enforcement by prosecutors.

The ruling means that district attorneys cannot prosecute people on supervision for felony convictions if they mistakenly cast a ballot before regaining their right to vote. Voting rights advocates celebrated the decision, stating that it will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for trying to re-engage in the political process.

In her ruling, Judge Biggs rejected the state's argument that the law was absolved of its racist origins when North Carolina adopted a new state constitution in 1971. "The legislature cannot purge through the mere passage of time an impermissibly racially discriminatory intent," she wrote. The state has 30 days to appeal the decision, which the plaintiffs say will help ensure fair elections going forward.

Key Takeaways

• Federal judge struck down 1877 NC law criminalizing felony voting.
• Law violated 14th Amendment, disproportionately impacting Black voters.
• Separate state law barring felons from voting until sentence completion remains.
• Ruling a victory for voting rights advocates, highlights felon disenfranchisement debate.
• Judge rejected state's argument that law was absolved of racist origins.