The Independent View: NC Appeals Court Judges Temporarily Block Allowing Felons To Vote

A big win in Court for Voting Rights Advocates, in North Carolina, is being put on Hold Temporarily, as GOP Lawmakers Fight the Decision. That again Suspends the Voting Rights of around 55,000 North Carolinians on Probation or Parole, for a Felony.

Last month a Trio of Judges ruled In-Favor of several Groups and Individuals, who had filed a Lawsuit seeking Expanded Voting Rights for People with Felony Records. They should instead be able to Vote once they're Out-of-Prison, and have Rejoined Society, the Challengers argued, and the Judges agreed.

Voting Rights Advocates worry that as the Lower Court's Decision makes its way through the Appeals process, People with Felony Records may Lose their Right-to-Vote through at least the 2022 Election Cycle.

Much of the Testimony at Trial focused on the Explicitly Racist History of Felon Disenfranchisement Laws, in North Carolina and around the Country. Republican State Lawmakers Defending the Law, agreed that it was created in the aftermath of the Civil War specifically to keep Black People from Voting. But it has been Improved since then, they argued, notably with a series of Major Changes in the early 1970s following the Civil Rights Movement.

So they Appealed the Ruling, and on Friday, the N.C. Court of Appeals granted their request to Stop People on Probation or Parole from being able to Register to Vote while that Appeal is Pending. "We are pleased with the Order upholding the rule of law, which was issued today by the North Carolina Court of Appeals," said Sam Hayes, General Counsel for House Speaker Tim Moore.

The Plaintiff's Attorneys said Friday, they Plan to immediately Appeal that Decision to the North Carolina Supreme Court. "This case is a matter of statewide and national significance, requiring immediate action from the state's highest Court," the Plaintiffs said in a Written Statement. "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."

If the Lower Courts Decision survives the Appellate process, North Carolina would become the Only State in the South that would Restore Voting Rights to Felons, the moment they Walk-Out of Prison. "We have full faith that justice delayed today will not be justice denied for the plaintiffs, the North Carolina Second Chance Alliance, and the entire State of North Carolina," the Plaintiffs wrote. "The collective will of the state is stifled when so many of our citizens are unjustifiably not able to participate in our democracy. That exclusion of our neighbors' voices is morally and constitutionally wrong."

Potentially Complicating matters, is the Fact that the Challengers in the Lawsuit have already held Voter Outreach Drives across the State, signing up People to Vote who Won that Right just last month after the initial Court Victory.

North Carolina Board of Elections Spokesman, Pat Gannon, said it is Not yet determined how many People may have Registered to Vote following the Lower Court's Decision. Those People's Voting Rights are now in Limbo.

State Sen. Warren Daniel (R-46th District), who Co-Chairs a Senate Committee overseeing Election Laws, reiterated in a News Release Friday, what he said after the Lower Court Ruling. "This law, passed by a Democrat-led legislature 50 years ago, provides a path for felons to regain voting rights," Daniel said. "If a judge prefers a different path to regaining those rights, then he or she should run for the General Assembly and propose that path. Judges aren't supposed to be oligarchs who issue whatever decrees they think best." Daniel also took Shots at Attorney General Josh Stein (D), for Not Representing the State against the Plaintiffs.

Stein said, last week, that he couldn't Legally File an Appeal without a Written Order, which the Lower Court had yet to provide.

"The decision to block the lower court's ruling affirms that judges can't just replace laws they don't like with new ones," Daniel wrote Friday. "It also shows how false Attorney General Josh Stein's purported reason was for refusing to defend the legislature in this case."

Senate Leader Phil Berger (R-13th District) and House Speaker Tim Moore (R-111th District), hired DC-based Attorney David Thompson to Represent the State. Thompson filed the Appeal on Aug. 30th, the Monday after the Lower Court released its Written Opinion.