North Carolina
Judge strikes down North Carolina law on prosecuting ex-felons who voted before 2024
RALEIGH, N.C. — A federal judge has halted the enforcement of a North Carolina law that made it a serious crime for someone to vote while still on probation or parole for a felony conviction when they had simply violated the voting law by mistake.
The ruling was celebrated by groups representing poor residents and Black union members – and is limited, addressing some allegations of illegal voting conducted before 2024.
That’s because the General Assembly amended the law last fall so that starting Jan. 1 a felony offender has to know they were breaking the law by voting for there for it to be considered a crime. But the old law had not been repealed.
The plaintiffs in a 2020 lawsuit said that people would still be subject to prosecution for votes allegedly cast before 2024 under the old rules, which didn’t require intentionality to violate them. They said local district attorneys could otherwise still prosecute scores of pending cases.
In her ruling filed late Monday, U.S. District Judge Loretta Biggs said that the pre-2024 law was unconstitutionally vague. She cited evidence in the case of DAs questioning whether intent was necessary as proof that the law lacked standards to prevent its arbitrary enforcement.
And Biggs wrote the pre-2024 law was tainted by racial bias, with its origins going back to the Jim Crow era.
“The Challenged Statute was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters,” Biggs said in granting the motion sought by lawyers for Action NC and the A. Philip Randolph Institute.
There is uncontested evidence of the law originating in an 1877 law that placed harsh penalties on disenfranchised felons, particularly Black residents, Biggs wrote. In recent years, an outsized percentage of Black voters were investigated compared to the percentage of the state’s Black population under the pre-2024 law, she continued.
Government lawyers for the State Board of Elections and for district attorneys who were sued had argued that passage of a new North Carolina Constitution in the early 1970s created “a break from the history” of the law’s otherwise discriminatory past. But Biggs disagreed and pointed out the challenged law was virtually unchanged for decades, from 1931 to 2023.
Biggs’ summary judgment order could be appealed. The state Department of Justice, whose attorneys helped defend the elections board and the DAs, was reviewing the decision Tuesday, a spokesperson said.
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.”
North Carolina law and a recent court ruling state that a convicted felon can’t vote again until they complete their punishments, which include incarceration, probation and other close supervision. Their rights are then automatically restored, but a person must reregister to vote.
The plaintiffs, which are also voter education groups, said that allowing the pre-2024 law to remain in place also would have forced them to use resources to educate ex-felons who were eligible to vote but remained fearful about registering again, in case DAs keep prosecuting people from previous elections.
Biggs’ decision “will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to re-engage in the political process and perform their civic duty,” Mitchell Brown, an attorney from the Southern Coalition for Social Justice who helped represent the plaintiffs, said in a news release.
Biggs issued the ruling, even as a U.S. magistrate judge had recommended in January that the lawsuit be dismissed, citing the Jan. 1 alteration as substantially diminishing the threat of prosecution faced by prospective voters.
The lawsuit was initially filed in September 2020 but legal hurdles delayed the matter.
Copyright © 2024 by The Associated Press. All Rights Reserved.
North Carolina
North Carolina Rep. Valerie Foushee holds narrow lead over challenger Nida Allam
Nida Allam in 2022; Rep. Valerie Foushee (D-NC) in 2025.
Jonathan Drake/Reuters; Andrew Harnik/Getty Images
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Jonathan Drake/Reuters; Andrew Harnik/Getty Images
Incumbent Rep. Valerie Foushee holds a narrow lead over challenger Nida Allam in the Democratic primary for North Carolina’s 4th Congressional district as ballots continue to be counted.
In a race seen as an early test of whether Democratic voters desire generational change within the party, Foushee holds a lead of just over 1,000 votes with 99% of results in so far, according to the Associated Press.
Under state law, provisional votes will be counted in the coming days in a district that includes Durham and Chapel Hill. If the election results end up within a 1% margin, Allam could request a recount.
Successfully ousting an incumbent lawmaker is often extremely difficult and rare. However, there have been recent upsets in races as some voters are calling for new leaders and several sitting members of Congress face primary challengers this cycle.
Allam, a 32-year-old Durham County Commissioner, is running to the left of Foushee, 69, framing her candidacy as part of a broader rejection of longtime Democratic norms.
On the campaign trail, Allam ran on an anti-establishment message, pledging to be a stronger fighter than Foushee in Congress, both in standing up against President Trump’s agenda and when pushing for more ambitious policy.
“North Carolina is a purple state that often gets labeled red, but we’re not a red state,” she told NPR in an interview last month, emphasizing the need to address affordability concerns. “We are a state of working-class folks who just want their elected officials to champion the issues that are impacting them.”
She drew a contrast with the congresswoman on immigration, voicing support for abolishing U.S. Immigration and Customs Enforcement. Foushee has declined to go that far, advocating instead for ICE to be defunded and for broader reforms to the federal immigration system.
Allam also clashed with Foushee over U.S. policy towards Israel. As a vocal opponent of Israel’s war in Gaza, Allam swore off campaign donations from pro-Israel lobbying groups, such as AIPAC, and repeatedly criticized Foushee for previously accepting such funds.
Though Foushee announced last year that she would not accept AIPAC donations this cycle, she and Allam continued to spar over the broader role of outside spending in the race.
Their matchup comes four years after the candidates first squared off in 2022, when Allam lost to Foushee in what became the most expensive primary in the state’s history, with outside groups spending more than $3.8 million.
However, this year is poised to break that record. Outside groups have reported spending more than $4.4 million on the primary matchup, according to Federal Election Commission filings.
WUNC’s Colin Campbell contributed to this report.
North Carolina
Building for tomorrow’s storms: North Carolina updates flood strategy
North Carolina is beginning to plan for floods that have not happened yet.
State officials this year advanced the next phase of the state’s Flood Resiliency Blueprint, incorporating updated modeling that factors in heavier rainfall, future development and sea-level rise — a shift away from relying solely on historic data and FEMA’s regulatory maps.
“We can make decisions and plan for that future, not just the exposure to flooding that we see now,” said Stuart Brown, who manages the Flood Resiliency Blueprint for the North Carolina Department of Environmental Quality.
For a state that has endured record-breaking rainfall from Hurricane Helene in the mountains to Tropical Storm Chantal in the Triangle, the move reflects a growing recognition: past standards no longer capture present risk.
Beyond outdated flood lines
Multiple North Carolina studies have found that between 43% and 60% of flood damage occurs outside FEMA’s regulatory flood zones. Those maps shape insurance requirements and local zoning decisions, yet they are largely based on historical rainfall data.
“A lot of the regulatory floodplains really haven’t kept up with what we know is happening,” said Elizabeth Losos, executive in residence at Duke University’s Nicholas Institute for Energy, Environment and Sustainability.
Climate data show rainfall intensity in the Triangle has increased by about 21% since 1970. Warmer air holds more moisture, fueling heavier downpours that overwhelm drainage systems designed for a different climate.
“Fixing what we know is flooding right now is good,” Losos said. “It’s better than nothing, but it’s definitely not enough.”
Brown said the blueprint incorporates projections for future precipitation and development — a critical factor in one of the fastest-growing states in the country.
“Development can be an issue for flooding in two categories,” Brown said. “One is when that development is occurring in areas that are flood prone. The other is when that development is done in ways that don’t account for the additional stormwater that will be produced.”
Thousands of projects, limited dollars
Unlike states that rely on massive levee systems, North Carolina’s flood risk is scattered across river basins, coastal plains and rapidly developing suburbs. Brown said resilience here will require thousands of localized projects.
“We were asked by the General Assembly to provide specific, actionable projects,” Brown said. “We want to know what specific geography and what specific action is proposed.”
That planning push comes as federal support for flood research and mitigation is shrinking.
The Trump administration has proposed a roughly 30% cut to NOAA’s 2026 budget, targeting climate research and ocean services that provide the rainfall and coastal data states use to model flood risk. At FEMA, the administration has cut staff by more than 6%, reduced funding for local hazard mitigation projects and added new approval layers for grants.
For North Carolina, that means fewer dollars for buyouts, drainage upgrades and flood control projects — and less federal data to guide long-term planning — just as the state is trying to build a more forward-looking flood strategy.
Brown said North Carolina is trying to “leverage the limited dollars that we have in the state with any federal sources that are available” and embed resilience into routine investments in transportation, water treatment and conservation.
“Funding is always going to be an issue,” Brown said.
The policy gap
Researchers have long argued that resilience investments save money. Studies show every $1 spent on mitigation can yield $4 to $13 in avoided losses.
“The problem is that the policies don’t align the people who pay the cost with the people who get the benefit,” Losos said.
A developer may not directly benefit from downstream flood reduction. A town may shoulder upfront infrastructure costs while insurers, neighboring communities or future taxpayers capture part of the savings.
Without policy changes that align costs and benefits, resilience can remain politically and financially difficult.
“In the most severe cases, there are some communities that will have to eventually abandon if they don’t begin to think about how they can adapt to these conditions,” Losos said.
North Carolina now has updated tools to better measure future flood risk. Whether the state can secure stable federal support — and align its own policies with the risks ahead — will determine how effectively communities prepare for the next storm rather than recover from the last one.
North Carolina
North Carolina primary could mean Roy Cooper vs Michael Whatley in pivotal fall Senate race
RALEIGH, N.C. — North Carolina’s primary will be the official starting gun for one of the country’s most closely watched U.S. Senate campaigns, likely pitting former Democratic Gov. Roy Cooper against former Republican National Committee Chairman Michael Whatley.
Each candidate is the most high-profile contender for their party’s nomination, which should be sealed on Tuesday. Scores of other races also are on the ballot, including for the U.S. House, state legislature and judicial seats.
North Carolina, a traditional battleground where Democrats have been able to hold the governor’s seat even as voters helped send President Donald Trump to the White House, is one of three states kicking off this year’s midterm elections, along with Texas and Arkansas. Tuesday’s slate of primaries comes against the backdrop of the U.S. and Israel attack on Iran.
The war, which began over the weekend, has killed at least six U.S. service members, spiraled into a regional confrontation as Iran retaliated and sent oil and natural gas prices soaring. The president, who campaigned on an isolationist “America First” agenda and went to war without authorization from Congress, faces mounting questions over its rationale and an exit strategy.
North Carolina’s election this year could be crucial for determining which party controls the U.S. Senate, where Republicans currently have the majority. The seat is open because Sen. Thom Tillis decided to retire after clashing with President Donald Trump. Political experts say a typhoon of outside money could make the race the most expensive Senate campaigns in U.S. history, perhaps reaching $1 billion.
Many Democrats see Cooper, who served two terms as governor and has been successful in state politics for decades, as the party’s best shot at victory. Democrats need to pick up four seats to take back control of the Senate, and they view the most likely path as winning in North Carolina, Maine, Alaska and Ohio.
Cooper faces five lesser-known rivals on Tuesday. Other Republicans on the Senate ballot include Navy officer Don Brown and Michele Morrow, who was the party’s nominee for state schools chief in 2024.
Republican U.S. Senate candidate Michael Whatley, arrives to an early voting site to cast his vote on Thursday, Feb. 12, 2026, in Gastonia, N.C. Credit: AP/Erik Verduzco
Cooper formally entered the race weeks after Tillis announced last summer he wouldn’t seek a third term, as did Whatley, who was buoyed by Trump’s backing when the president’s daughter-in-law Lara Trump declined to enter. The two candidates have been campaigning for months against each other with little focus on intraparty opposition.
Whatley promises to keep pushing Trump’s agenda if elected, one that he says has cut taxes and spending and restored U.S. military might.
“It’s very important for us to have a conservative champion and for President Trump to have an ally in the Senate,” he said while voting early in Gastonia. “We’re going to be fighting for every family and every community in North Carolina.”
Some primary voters say Congress needs Democratic control as a counterweight to Trump and what they consider disastrous policies.
President Donald Trump listens as Michael Whatley speaks to soldiers and their families at Fort Bragg, N.C., Friday, Feb. 13, 2026. Credit: AP/Matt Rourke
“I think we need to send a message. And I think the more Democrats that show up, and the more independents that show up for this midterm election, and the more seats we can take from the Republicans, the more he might get the message,” said Lisa Frucht, 67, said as she cast a ballot for Cooper at an early voting site north of Raleigh.
Republican voter Gary Grimes, who chose Whatley, said Democratic control of Congress could lead to more impeachment efforts against Trump that ultimately won’t succeed.
“It’ll be a repeat of what they did to Trump in the first term,” said Grimes, 71, “And they can’t see anything except getting Trump, at any cost.”
A Democrat hasn’t won a Senate race in North Carolina since 2008. Meanwhile, Cooper, 68, hasn’t lost a North Carolina election going back to first running for the state House in the mid-1980s, leading to 16 years as attorney general and eight as governor through 2024.
Whatley, 57, previously worked in President George W. Bush’s administration, for then-North Carolina Sen. Elizabeth Dole and as an energy lobbyist.
Cooper and his allies have centered campaign attacks on Whatley’s allegiance to the president and Trump policies, saying he backs higher tariffs and Medicaid spending reductions and must take blame for slow Hurricane Helene recovery aid.
Voting recently in Raleigh, Cooper said he wants to “make sure that I’m a strong, independent senator who can work with this president when I can, stand up to him when I need to and recognize that people are struggling right now.”
Whatley, Trump and other Republicans have blistered Cooper on criminal justice matters, accusing him of promoting soft-on-crime policies while governor. They’ve repeatedly highlighted last August’s fatal stabbing of Ukrainian refugee Iryna Zarutska on a Charlotte light-rail train. Trump identified Zarutska’s mother in attendance at last week’s State of the Union address.
Cooper told reporters recently that his career is about “prosecuting violent criminals and keeping thousands of them behind bars.”
Tuesday’s election also includes primary elections in all but one of North Carolina’s U.S. House districts. They include a five-candidate GOP primary in the northeastern 1st Congressional District, which is currently represented by Democratic Rep. Don Davis, who faced no primary opposition.
The Republican-controlled General Assembly created last fall a more right-leaning 1st District to join Trump’s multistate redistricting campaign ahead of the 2026 elections to retain the House. Davis won in 2024 by less than 2 percentage points.
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