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Appeals court rules felony offenders can't be prosecuted for voting unlawfully by mistake
The court confirmed the law's origins in racial discrimination and acknowledged it caused confusion among eligible voters, deterring re-registration, especially harming Black ex-defendants.
A federal appeals court unanimously ruled in April 2024 that North Carolina's law criminalizing voting by felony offenders who did not know they were ineligible is unconstitutional.
The law originated in 1877 with harsh penalties designed to disenfranchise Black voters, and despite a 2023 update, the old law remained in effect and was challenged in a 2020 lawsuit.
The 4th Circuit panel found the law discriminatory and disproportionately harmful to Black ex-defendants, with the state acknowledging its racially biased history and no substantive change since 1899.
Circuit Judge DeAndrea Gist Benjamin wrote that the 1899 law is indefensible and retained a discriminatory taint, while activist Melvin Montford said the ruling confirms the law's racist origins and intimidation against Black voters.
The ruling blocks the use of this Jim Crow-era law against local communities, though the state is considering the decision and may seek review from the entire Fourth Circuit Court or the Supreme Court.