A federal judge struck down a North Carolina law making it illegal for felons to vote before their rights have been restored, with the court finding the law had “discriminatory intent.”
The ruling does not change state law to allow felons to vote but rather strikes down a law potentially making it a separate felony for felons who cast a vote even if they are still ineligible. Those bringing the challenge alleged the law, which dates back to 1877, was designed to “disproportionately impact Black North Carolinians.”
“The Challenged Statute was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters,” according to the Monday court order. “Therefore, the Court finds that the Challenged Statute violates the Equal Protection Clause.”
Judge Loretta Biggs of the U.S. District Court for the Middle District of North Carolina agreed with the plaintiffs that the law violated the equal protection and due process clauses of the 14th Amendment.
The North Carolina A. Philip Randolph Institute was one of the plaintiffs that brought the case. Melvin Montford, executive director of that group, celebrated the ruling as making the law a “relic of the past.”
“A racially discriminatory law is now a relic of the past,” Montford said in a statement Tuesday. “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.
“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,” he added.
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In North Carolina, it is still illegal for convicted felons who have not finished their sentence to cast votes in elections.
The Tar Heel State is slated to be crucial in the 2024 elections, with closely watched races for the governorship and the state’s 16 electoral votes in the presidential election.