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Voting Rights for People with Felony Conviction Histories in Question in North Carolina

Election Law Society · February 28, 2022 ·

By: Emma Postel

On September 3, 2021, the North Carolina Court of Appeals stayed an order from the North Carolina state Superior Court, preventing 56,000 North Carolinians with felony conviction histories from registering to vote. This Court of Appeals order reinstates the voting restrictions established by law in 1973, preventing the affected North Carolinians still under state supervision from registering to vote, and as a result, prevents them from voting in the upcoming fall municipal elections.

The decision was “immediately appealed” by the plaintiffs, who maintained that the “exclusion of our neighbors’ voices is morally and constitutionally wrong.” On the other hand, the defendants in this case believe this reversal is good news, stating that the now overruled Superior Court order was a judicial overreach, essentially amounting to “judges…replac[ing] laws they don’t like with new ones.” North Carolina Republican State Senators further questioned the Superior Court’s discretion, suggesting “[i]f a judge prefers a different path to regaining those rights, then he or she should run for the General Assembly and propose that path.”

[Read more…] about Voting Rights for People with Felony Conviction Histories in Question in North Carolina

To the Virginia General Assembly: Free the Franchise, End Felony Disenfranchisement

Election Law Society · October 2, 2020 ·

By Allen Coon

“No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority.”

So decrees Article II, Section 1 of the Constitution of Virginia, which disenfranchises all Virginia residents convicted of any felony—including returning citizens with prior convictions—without petitioning the Governor. Since 2016, Virginians who have completed their sentence (including supervised probation and/or parole) can now request their rights be restored by contacting the Office of the Secretary of the Commonwealth.

[Read more…] about To the Virginia General Assembly: Free the Franchise, End Felony Disenfranchisement

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