NC Supreme Court Confirms That Certain Voters on Felony-Based Community Supervision Must Be Allowed to Vote
The court orders that until appeal is complete, the previous 2020 legal standard will apply for felony-based disenfranchisement.
Fighting for Rights Restoration
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Overview
On November 20, 2019, Protect Democracy, Forward Justice, and Arnold & Porter initiated this lawsuit on behalf of six individuals and several nonprofit organizations to restore voting rights for those with prior felony convictions. These organizations—Community Success Initiative, Justice Served NC, Inc., the North Carolina State Conference of the NAACP, and Wash Away Unemployment—work to re-enfranchise citizens denied the right to vote under North Carolina’s felony disenfranchisement law.
After a week-long trial, on August 23, 2021, a three-judge panel initially ruled that any person on community supervision—including those on probation, parole, and post-release supervision—due to a state or federal felony conviction could register to vote. The North Carolina Court of Appeals stayed that ruling and the State’s Supreme Court affirmed that stay. The parties now await a ruling on the merits from the three-judge panel.
The right to vote is fundamental to our democracy, but for too long people with prior felony convictions had been denied that right. Before this ruling, North Carolinians who had been convicted of a felony lost their right to vote not only during any period of incarceration, but also throughout the duration of their probation and post-release supervision periods—stripping away their right to fully participate in our democracy, including their ability to have a voice in policy decisions that affect their daily lives.
Updates
Civil Rights Groups Prepare to Take Historic CSI v. Moore Voting Rights Case to the North Carolina Supreme Court
Breaking: North Carolina Court Restores Voting Rights for 56,000 people
Starting Monday, August 23, 2021, any person on community supervision in NC due to a felony conviction can register to vote.
Trial Begins Monday in Civil Rights Groups’ Historic Lawsuit to Restore Voting Rights to Over 50,000 people and End Felony Disenfranchisement of North Carolinians on Community Supervision
NC Court Grants Summary Judgment, finding that State’s Disenfranchisement Law Violates the State Constitution
N.C. Council of Churches Urge Elected Leaders and State Board of Elections to Restore and Protect Voting Rights
Civil Rights Groups File Summary Judgment Motion in Case to Restore Voting Rights to Nearly 60,000 North Carolinians
Civil Rights Groups File Summary Judgment Motion in case to Restore Voting Rights to Nearly 60,000 North Carolinians Ahead of the November Election
Lawsuit filed in North Carolina to ensure all citizens can exercise their right to vote.
Protect Democracy is proud to be part of a coalition fighting to re-enfranchise citizens who are denied the right to vote under North Carolina’s felon disenfranchisement law.
Community Success Initiative, Justice Served NC, Inc., NC NAACP File Historic Rights Restoration Legal Challenge Seeking to Restore More than 70,000 North Carolinians to the Rolls
Case Documents
Final Judgment and Order, March 28, 2022
NC Supreme Court Ruling on the Stay - CSI v. Moore
Court of Appeals Order on Amended Injunction - CSI v. Moore
Legislative Defendants' Motion for a Leave to File a Reply and Reply - CSI v. Moore
Plaintiffs’ Opposition to Legislative Defendants' Petition for Writ of Supersedeas, Petition for Writ of Certiorari, and Motion for Temporary Stay - CSI v. Moore
Legislative Defendants' Petition for Writ of Supersedeas, Petition for Writ of Certiorari, and Motion for Temporary Stay - CSI v. Moore
Order on Amended Preliminary Injunction - CSI v. Moore
Order Denying Legislative Defendants' Motion for a Stay Pending Appeal - CSI v. Moore
The State Board's Response to Legislative Defendants' Motion for a Stay Pending Appeal - CSI v. Moore
Plaintiffs’ Opposition to Legislative Defendants' Motion for a Stay Pending Appeal - CSI v. Moore
Legislative Defendants' Motion for a Stay Pending Appeal - CSI v. Moore
Order on Plaintiffs' Motion for Summary Judgment - CSI v. Moore
Order on Plaintiffs' Motion for Preliminary Injunction - CSI v. Moore
Plaintiffs' Reply Brief in Support of Motion for Summary Judgment - CSI v. Moore
Amicus Brief of the Institute for Innovation in Prosecution at John Jay College
Amicus Brief of the North Carolina Justice Center and Down Home North Carolina
Amicus Brief of the Sentencing Project, the Lawyers Committee for Civil Liberties Under Law, and Southern Poverty Law Center
Amicus Brief of CATO Institute, R Street Institute, and Due Process Institute
Motion for Three-Judge Panel - CSI v. Moore
Amicus Brief of the District of Columbia, California, Hawaii, Massachusetts, and Nevada
Motion for Summary Judgment - CSI v. Moore
Exhibits to Summary Judgment Motion - CSI v. Moore
Expert Report of Dr. Traci Burch
Expert Report of Frank R. Baumgartner
Expert Report of Orville Vernon Burton
Community Success Initiative v. Moore - Amended Complaint
Community Success Initiative v. Moore — Complaint
Letter Requesting Three Judge Panel - CSI v. Moore
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Local policy center working to restore the voting rights of nearly 60,000 North Carolinians
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Released felons under supervision are barred from voting. Let them be heard.
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Overcoming an Electoral Hurdle Could Help Tip North Carolina in November
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A history of voting rights infringement and the continued fight in NC
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Durham organization working to affect social change, secure voting rights
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Suit on ex-offender voting filed in close-divided N Carolina
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The push to overturn felony disenfranchisement in Southern states
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