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Appeals Court blocks ruling that briefly expanded NC felon voting rights

For about two weeks, people who'd finished their time behind bars, but were still on probation or owed fines, could register to vote.

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Election Day is Nov. 6, but early voting is underway
By
Travis Fain
, WRAL statehouse reporter
RALEIGH, N.C. — The state Court of Appeals blocked a lower-court ruling Friday that would allow more convicted felons who've finished their time behind bars but are still on probation to register to vote in North Carolina.
A divided three-judge panel said about 12 days ago that these people should be able to vote, and it issued a court order to that effect, opening the door for people in that situation to register. With Friday's decision from the Court of Appeals, the state's prohibition against felons voting until they have completed their entire sentence remains in place while the lawsuit runs its course.

Plaintiffs in the case quickly asked the state Supreme Court to reverse the reversal, filing Friday afternoon for an immediate temporary stay.

"Unless this court acts, over 56,000 people who have already been told they can legally vote will be disenfranchised, and the administration of North Carolina's upcoming municipal elections will be thrown into confusion," attorneys said in their filing.

Some municipal elections will be held this year, but many of them, normally held in odd years, have already been moved to 2022.

Here's the status for now, and going forward unless the N.C. Supreme Court acts:

People who have completely finished a felony sentence, including finishing any supervised release, can vote in North Carolina, as has been the case for decades.
People who are still on probation, post-release supervision, or parole cannot vote, unless the only reason they're still in that status is because they owe fines, fees or restitution. If that's the case, then they can vote under a court order put in place ahead of the 2020 elections. That's the language the court has gone back to in this case, as of this week.

Among other things, advocacy groups who filed a lawsuit on this in 2019 have argued that requiring people to pay all fines and fees amounts to an unconstitutional poll tax, and they sought reinstatement of voting rights as soon as people leave prison.

They won that, briefly, for an estimated 56,000 people in North Carolina. It's not clear how many of those people registered to vote in the interim between the two court decisions.

State Board of Elections officials said Friday they have updated their forms to comply with the Court of Appeals ruling and are working with the state Department of Public Safety to update data on people ineligible to vote because of a felony conviction so that voter rolls can be checked.

The legislature's Republican majority pressed the Court of Appeals to block the lower court's decision, and they brought in their own attorney to handle legal filings after some resistance from Attorney General Josh Stein's office.

"The decision to block the lower court's ruling affirms that judges can't just replace laws they don't like with new ones," Sen. Warren Daniel, R-Burke and an elections committee co-chair, said in a statement Friday.

Plaintiffs in the case, led by a group called Community Success Initiative, said in a joint statement that the issue requires "immediate action from the state’s highest court."

"Hundreds of North Carolinians are exercising a new right to vote in this state, encouraged and inspired by the three-judge panel decision. We will not rest until their rights are fully vindicated," the groups said.

Correction: The bullet points in this story have been rewritten at the State Board of Election's request to clarify who may, and may not, register to vote right now in North Carolina.

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