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felon disenfranchisement
'Discriminatory' North Carolina Law Criminalizing Felon Voting Struck Down
One plaintiffs' attorney said the ruling "makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society."
Apr 23, 2024
Democracy defenders on Tuesday hailed a ruling from a U.S. federal judge striking down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction.
In Monday's decision, U.S. District Judge Loretta C. Biggs—an appointee of former Democratic President Barack Obama—sided with the North Carolina A. Philip Randolph Institute and Action NC, who argued that the 1877 law discriminated against Black people.
"The challenged statute was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters," Biggs wrote in her 25-page ruling.
Therefore, according to the judge, the 1877 law violates the U.S. Constitution's equal protection clause.
"We are ecstatic that the court found in our favor and struck down this racially discriminatory law that has been arbitrarily enforced over time," Action NC executive director Pat McCoy said in a statement. "We will now be able to help more people become civically engaged without fear of prosecution for innocent mistakes. Democracy truly won today!"
Voting rights tracker Democracy Docket noted that Monday's ruling "does not have any bearing on North Carolina's strict felony disenfranchisement law, which denies the right to vote for those with felony convictions who remain on probation, parole, or a suspended sentence—often leaving individuals without voting rights for many years after release from incarceration."
However, Mitchell Brown, an attorney for one of the plaintiffs, said that "Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to reengage in the political process and perform their civic duty."
"It also makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society, specifically Black voters who were the target of this law," Brown added.
North Carolina officials have not said whether they will appeal Biggs' ruling. The state Department of Justice said it was reviewing the decision.
According to Forward Justice—a nonpartisan law, policy, and strategy center dedicated to advancing racial, social, and economic justice in the U.S. South, "Although Black people constitute 21% of the voting-age population in North Carolina, they represent 42% of the people disenfranchised while on probation, parole, or post-release supervision."
The group notes that in 44 North Carolina counties, "the disenfranchisement rate for Black people is more than three times the rate of the white population."
"Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to re-engage in the political process and perform their civic duty."
In what one civil rights leader called "the largest expansion of voting rights in this state since the 1965 Voting Rights Act," a three-judge state court panel voted 2-1 in 2021 to restore voting rights to approximately 55,000 formerly incarcerated felons. The decision made North Carolina the only Southern state to automatically restore former felons' voting rights.
Republican state legislators appealed that ruling to the North Carolina Court of Appeals, which in 2022 granted their request for a stay—but only temporarily, as the court allowed a previous injunction against any felony disenfranchisement based on fees or fines to stand.
However, last April the North Carolina Supreme Court reversed the three-judge panel decision, stripping voting rights from thousands of North Carolinians previously convicted of felonies. Dissenting Justice Anita Earls opined that "the majority's decision in this case will one day be repudiated on two grounds."
"First, because it seeks to justify the denial of a basic human right to citizens and thereby perpetuates a vestige of slavery, and second, because the majority violates a basic tenant of appellate review by ignoring the facts as found by the trial court and substituting its own," she wrote.
As similar battles play out in other states, Democratic U.S. lawmakers led by Rep. Ayanna Pressley of Massachusetts and Sen. Peter Welch of Vermont in December introduced legislation to end former felon disenfranchisement in federal elections and guarantee incarcerated people the right to vote.
Currently, only Maine, Vermont, and the District of Columbia allow all incarcerated people to vote behind bars.
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The Pro-Democracy Movement Fighting Back Against the GOP Nationwide Offers Hope for 2024
State-level progress on election protection, ballot access, and voting rights is a reflection of a basic reality documented in poll after poll: Voters want meaningful reforms to democracy.
Dec 19, 2023
Over the past few years, states across the country have passed laws that make voting more difficult and elections more vulnerable to partisan interference, and 2023 is no exception. But it is critical to remember that there is also flourishing pro-democracy movement that has pushed many states to make important strides in the opposite direction.
This past year, at least 24 states enacted over 50 laws that protect the freedom to vote, prevent attacks on the electoral process, crack down on gerrymandering, or strengthen campaign finance safeguards as of December 1, 2023. Yet state lawmakers cannot safeguard democracy on their own. Robust federal legislation is needed to ensure that democracy is protected across the country and that every voter has equal access to the ballot.
Among the most notable advances in 2023 was Minnesota’s passage of a transformative package of pro-voter reforms. Among them is automatic voter registration, bringing the total number of states with automatic voter registration to 23 plus the District of Columbia. This means that when eligible Minnesota residents interact with certain state agencies—including when applying for a driver’s license or state health insurance—they will automatically be registered to vote unless they choose to opt out. The legislation also allows 16- and 17-year-olds to pre-register to vote, enacts new protections for election workers, and creates a permanent absentee voter list.
While state reforms are critical, they are not a substitute for federal legislation that would set baseline national standards to protect the freedom to vote and make other critical changes.
Minnesota lawmakers also passed legislation this year that restores voting rights for people convicted of a felony, instantly re-enfranchising over 50,000 Minnesotans on parole, probation, or community release—and countless more in the future.
Another closely divided Midwestern state, Michigan, made important advances. This year, lawmakers passed a package of legislation to implement Proposal 2, a pro-voter constitutional amendment that was approved by Michigan voters in 2022 with nearly 60% of the vote. (Proposal 2 is one of several pro-democracy amendments that Michigan voters approved with overwhelming margins in the past few years.)
Michigan voters now have nine days of early voting, improved absentee ballot options, a higher number of ballot drop boxes, and an expanded list of acceptable voter IDs. This reform will benefit the many voters who prefer to vote by mail, a trend that exploded in popularity during the pandemic and remains highly popular in the state.
Additionally, Michigan lawmakers passed legislation this year protecting election officials from harassment and another that automatically registers individuals to vote upon release from incarceration—the first state to offer such an immediate and automatic restoration of voting rights.
In New Mexico, the legislature passed a wide-ranging bill that restores voting rights to individuals with a felony conviction, establishes automatic voter registration, and added voting rights protections for Native Americans. It also made it so voters who want to vote by mail only have to opt-in once.
The Nevada legislature passed a series of pro-voter laws this year that were signed by the state’s Republican governor: one that improves ballot access for eligible incarcerated voters by requiring jails to better provide voting materials, another that standardizes the design of mail-in ballot return envelopes and clarifies electioneering rules, and one that make it easier to vote on Native American reservations.
In another notable development, Connecticut became the sixth state to establish a state-level Voting Rights Act. In recent years, states have passed their own versions of the Voting Rights Act to protect voting access for historically disenfranchised groups. This trend is in response to two Supreme Court rulings that gutted the federal Voting Rights Act of 1965.
2023 also saw several states enact significant new campaign finance reforms. Minnesota improved campaign finance safeguards to boost transparency and deter foreign influence in elections. Almost 90% of Maine voters adopted new safeguards to prevent foreign governments and corporations from interfering in the state’s elections. And New York State’s groundbreaking small donor matching system went into effect, and over 150 candidates have already signed up to participate.
Important voting reforms are not exclusive to blue states, with many pro-democracy bills also passing in red and purple states this year. For example, Oklahoma codified protections for election officials, and Louisiana and Utah improved voting access for voters with disabilities. The divided Virginia legislature voted to ease absentee ballot requirements, a measure that was signed into law by a Republican governor. Lastly, an important win for direct democracy took place in Ohio, where 57% of voters rejected a proposal that would have increased the threshold required to pass citizen-initiated constitutional amendments from 50% to 60%.
This state-level progress is a reflection of a basic reality documented in poll after poll: Voters want meaningful reforms to democracy. And in 24 states this year, elected officials have responded, passing critical reforms that will improve the state of democracy for many Americans.
Ultimately though, while state reforms are critical, they are not a substitute for federal legislation that would set baseline national standards to protect the freedom to vote and make other critical changes. Access to the ballot box, secure election systems, fair district maps, and strong campaign finance laws are the basic safeguards needed to ensure we have a democracy that works for all Americans, regardless of where they live.
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Federal Court Strikes Down Mississippi's 'Jim Crow' Felon Disenfranchisement Law
"Mississippi stands as an outlier among its sister states, bucking a clear national trend in our nation against permanent disenfranchisement."
Aug 04, 2023
A U.S. federal appellate court on Friday ruled that a Jim Crow-era Mississippi law permanently disenfranchising people with certain felony convictions is unconstitutional.
In a decision that can be appealed to the full U.S. 5th Circuit Court of Appeals, a three-judge panel of the tribunal ruled 2-1 that Section 241 of Mississippi's 1890 Constitution "violates the Eighth Amendment's prohibition on cruel and unusual punishment and the 14th Amendment's guarantee of equal protection under the law."
Last August, the 5th Circuit affirmed Section 241 ,with dissenting Judge James E. Graves Jr., a Black Mississippian, lamenting that when his colleagues were "handed an opportunity to right a 130-year-old wrong, the majority instead upholds it."
The U.S. Supreme Court declined to hear an appeal of the ruling, prompting a scathing dissent from liberal Justice Ketanji Brown Jackson.
"In the last 50 years, a national consensus has emerged among the state legislatures against permanently disenfranchising those who have satisfied their judicially imposed sentences and thus repaid their debts to society," Friday's ruling states. "Mississippi stands as an outlier among its sister states, bucking a clear national trend in our nation against permanent disenfranchisement."
Friday's ruling is the result of a 2018 lawsuit filed by the Southern Poverty Law Center and ACLU on behalf of plaintiffs including Dennis Hopkins, who has been disenfranchised since 1998 due to a grand larceny conviction.
"In school, they teach our kids that everybody's vote counts, but no matter how I've lived for the past 20 years, I don't count, not my values or my experience," Hopkins said when the suit was filed. "I have paid Mississippi what I owe it in full, but I still can't cast my vote for my children's future."
Section 241 "mandates permanent, lifetime disenfranchisement of a person convicted of a crime of any one of 'murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement, or bigamy,'" according to the ruling.
As the NAACP Legal Defense Fund (LDF) notes, "Section 241 permanently disenfranchises people convicted of 10 specific crimes, eight of which were chosen by all-white delegates in 1890 and based on their belief that Black people were more likely than white people to be convicted of those crimes."
There are currently more than 20 crimes that disenfranchise Mississippians from voting. The state—which according to the Sentencing Project is one of only 12 with lifetime disenfranchisement—added 11 more offenses to the ban list in 2005.
In contrast, everyone age 18 and up—including currently incarcerated individuals—has the right to vote in Maine and Vermont.
While Black Mississippians are 36% of Mississippi's voting-age population, they make up 59% of its disenfranchised people.
"Section 241 is Jim Crow law, which created a deliberate and invidious scheme to disenfranchise Black people," said LDF assistant counsel Patricia Okonta.
"Today, Black Mississippians continue to be disproportionately harmed by this provision," Okonta added. "While the state is home to the highest percentage of Black Americans of any state in the country, it has not elected a Black person to statewide office since 1890."
According to the Felony Murder Elimination Project, a California-based advocacy group:
Over 215,000 people in Mississippi were disenfranchised as of 2019, representing almost 10% of the entire state population. Of this total, only 7% are incarcerated. The remaining 93% are living in the community either under probation or parole supervision, or have completed their criminal sentence. The number of African American residents disenfranchised in Mississippi numbered 127,130 in 2016 or nearly 16% of the Black electorate.
"No one disputes that Mississippi's felon disenfranchisement law was enacted more than 100 years ago for the announced purpose of maintaining white supremacy and blocking Black citizens from voting," ACLU national legal director David Cole said in a statement.
"Racially motivated laws don't become valid over time," Cole added. "It's just as unconstitutional today as it was when it was enacted. That such a law remains on the books today is a stain on the state's law books, and plainly unconstitutional."
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