NATIONAL NEWS

Appeals court rules felony offenders can’t be prosecuted for voting unlawfully by mistake

Sep 15, 2025, 11:19 AM

RALEIGH, N.C. (AP) — A federal appeals court has ruled that a North Carolina law that made it a crime for felony offenders who vote before they have completed their sentences without knowing they were breaking the law is unconstitutional.

A panel of the 4th U.S. Circuit Court of Appeals on Friday unanimously upheld a trial judge’s decision that found the law was discriminatory and harmed Black ex-defendants disproportionately.

At issue was a law against voting by felony offenders who were still serving sentences. In 2023, lawmakers updated the law so that, starting in January 2024, a person convicted of a felony had to know it was against the law to vote for it to be considered a crime.

But the old law wasn’t repealed and became the focus of the lawsuit originally filed in 2020. The plaintiffs — groups representing poor residents and Black union members — said that people could still be subject to prosecution for voting before 2024 under the old rules.

Melvin Montford, executive director of the North Carolina A. Phillip Randolph Institute, praised the ruling, saying it confirms “that this law was born out of racism and has been wielded to intimidate and disenfranchise Black voters.”

The decision means “this remnant of Jim Crow can no longer be used as a weapon against our communities,” he added.

The state constitution says a person convicted of a felony can’t vote until their rights of citizenship are restored “in the manner prescribed by law.” A felony offender can’t vote again until they complete their punishments, which include incarceration, probation, parole and other close supervision. Their rights are then automatically restored, but a person must reregister to vote.

U.S. District Judge Loretta Biggs sided in April 2024 with the plaintiffs and blocked enforcement of the pre-2024 law. The State Board of Elections, a lawsuit defendant, appealed, and oral arguments at the 4th Circuit were held in Richmond, Virginia.

The 4th Circuit panel found as credible arguments by the plaintiffs that the pre-2024 law requires them to use time and resources to educate people eligible to vote but remain fearful about re-registering again for fear of prosecution.

Evidence was presented showing the law had originated in 1877, placing harsh penalties on disenfranchised felony offenders. State attorneys acknowledged the state’s racially biased history. But they contended the ratification of a new North Carolina Constitution in the early 1970s — with several race-related provisions eliminated — created “a legally significant historical break” from the original 1877 statute and a reenactment in 1899.

But U.S. Circuit Judge DeAndrea Gist Benjamin, writing the opinion, still found that the law retained a discriminatory taint — its origins dating to the decade after the Civil War when Black voting had initially been expanded.

There’s been no substantive change to the pre-2024 law since 1899, and the elections board has conceded the 1899 law is “indefensible,” Benjamin wrote.

“The fact that prosecutions under the Challenged Statute could not be brought for future conduct is of no consequence,” she added. Circuit Judges Jim Wynn and Pamela Harris joined Friday’s opinion. The three 4th Circuit judges were nominated to their current positions by Democratic presidents.

A state Department of Justice spokesperson said Monday the agency is reviewing the decision. Appeals to the full 4th Circuit or U.S. Supreme Court are possible.

National News

Associated Press

New Orleans port sues to get control of tanker that crashed into cruise ship on Mississippi River

Just hours after a tanker in New Orleans lost its steering and slammed into a docked river cruise boat, the city’s port sued to make sure federal investigators can seize the vessel that is owned by a subsidiary of a Chinese company. All 197 passengers and crew on the American Heritage cruise ship survived Friday […]

50 minutes ago

The control tower is seen at Washington Dulles International Airport after the Federal Aviation Adm...

Associated Press

Why a problem on the ground can affect flights thousands of miles away among other issues

Regional U.S. air traffic control centers communicate using a complex network that’s “one of the largest telecommunications systems in the country,” and disruptions like those seen on Friday with an hourslong, nationwide grounding of flights can reverberate widely, according to an aviation expert. Michael McCormick, a former airspace manager with the Federal Aviation Administration, said […]

1 hour ago

Aircraft are seen at Hartsfield-Jackson Atlanta International airport, Friday, Nov. 13, 2026, in At...

Associated Press

US sports scramble back to normal after FAA ground stop upends team travel

Major sporting events slowly returned to normal Saturday after the Federal Aviation Administration grounded all flights nationwide for several hours a day earlier, disrupting travel plans for professional and college teams across the country. Most college football teams playing Saturday travel the day before kickoff, and a number of games were delayed by hours to […]

2 hours ago

Associated Press

Bomb found near ethanol plant in central Illinois forces evacuations as authorities investigate

A bomb was found near an ethanol plant in central Illinois, sparking evacuations of those who live near the industrial site as law enforcement officials investigate, authorities said Saturday. The bomb was found Friday afternoon at the BioUrja Renewables facility in Peoria. While officials say the device has since been “rendered safe,” as of Saturday […]

6 hours ago

Ashley Sarracino, center, helps her nieces get dressed before participating in traditional dances i...

Associated Press

Deb Haaland breaks political barriers as Native women in her home community face hurdles

PARAJE, N.M. (AP) — On the morning of a Laguna Pueblo village’s annual Feast Day, Ashley Sarracino knelt in her family home holding clothespins between her teeth. She straightened her niece’s black cotton manta, a traditional one-shouldered dress, and tied a sash around her waist. On these days, Sarracino is a caretaker, dressing relatives for […]

6 hours ago

An injured child is treated at the Al-Aqsa Hospital, following an Israeli military strike in easter...

Associated Press

Israeli drone strike kills 2 Palestinians in Gaza, and other Mideast news

An Israeli drone strike killed two Palestinians in the Gaza Strip on Saturday, hospital officials said. Meanwhile, Iranian state TV reported that three oil tankers struck Iranian naval mines and caught fire around the Strait of Hormuz in the latest attack on shipping moving through the Persian Gulf. Here are the latest developments from the […]

7 hours ago

Appeals court rules felony offenders can’t be prosecuted for voting unlawfully by mistake