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 But the old law had not been repealed.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’s Berger optimistic about budget, blames Democrats for primary loss
A top North Carolina lawmaker who suffered a stunning upset in his primary election last month spoke publicly about the result Tuesday, blaming the loss on political opponents across the aisle.
North Carolina Senate leader Phil Berger — who has led the chamber since 2011 — lost the Republican primary for his seat to Rockingham County Sheriff Sam Page by 23 votes, one of the closest elections in state history. Berger conceded defeat in a March 24 statement after a machine recount and partial hand recount yielded no change in Page’s lead.
Berger discussed the experience with reporters Tuesday after lawmakers convened for a short legislative session in Raleigh. Asked what message voters sent him in the primary, Berger said: “Democrats like to vote in some Republican primaries. That’s the message.”
Berger didn’t elaborate on his explanation. Registered Democrats are only allowed to take Democratic ballots in primary elections. But unaffiliated voters are allowed to participate in a party primary of their choice. Berger didn’t suggest changes to that law, but he mentioned possible examination of other election laws.
He said lawmakers should reconsider the number of days North Carolina allows for early voting in primaries. In-person early voting started on Feb. 12 and ended Feb. 28.
“Seventeen days of early voting just seemed pretty excessive and it really stresses the local boards of elections,” Berger said. Some county election boards struggle to find daily staffing for all of their voting sites in the early voting period, he said.
Minority Leader Sydney Batch, D-Wake, called Berger’s comments “an insult to his district and an affront to our democracy.”
“The voters sent him a clear message,” Batch said. “It’s time he accept it and get back to work to finish the job he still has, while he still has it. Pass a budget.”
State lawmakers haven’t adopted a comprehensive state budget since 2023. They were expected to do so last year, but Berger and Republican House Speaker Destin Hall have been at odds over a range of issues, including tax policy, Medicaid funding, and other line items affecting billions of dollars in state funding.
Berger said Tuesday that he and Hall were on the verge of a spending agreement for Medicaid, the government-funded health insurer for people who are young, impoverished or disabled. Republican legislators plan to approve Democratic Gov. Josh Stein’s $319 Medicaid request, while adding guardrails and oversight measures to prevent fraud and waste.
To strike the deal, Berger said Tuesday that he had agreed to postpone discussions about funding for a massive new children’s hospital. The 2023 budget authorized about $320 million over three fiscal years for North Carolina Children’s Health — a partnership between UNC Health and Duke Health — to open in Apex in 2032. About $216 million has already been spent. Hall has said his caucus wants to reconsider the final installment of funds, about $103 million, while Berger has called on House leaders to release the money.
“We’ve agreed to move the discussion of whether or not the House is going to honor the agreement they made in 2023 to the full budget discussion,” Berger said Tuesday.
Earlier Tuesday, Hall told reporters that progress had been made on negotiating children’s hospital funding.
“It’s not resolved yet,” Hall said. “I think there’s some questions about how much more money it’s going to need exactly in order to be a viable project. And so, you know, those discussions continue.”
Those budget negotiations are ongoing, but Berger said recent conversations have given him reason to be optimistic. “We’re having conversations,” he said. “They are substantive. They haven’t gotten us to an agreement yet, but we are continuing to talk, continuing to exchange ideas,” Berger said.
Hall described budget talks similarly: “The trajectory is good [enough] to where we’re very likely to get a budget done, hopefully sooner rather than later.”
Berger said that, in the final months of his term, he wants to focus on policies that make North Carolina a top destination for businesses.
“I’d like to continue the progress that we’ve made over the years in making North Carolina number one state for business and making North Carolina a competitive state in terms of our tax climate and our regulatory climate,” Berger said, adding that he wants to boost education funding as well.
Addressing property taxes
House and Senate Republicans are also offering separate proposals for limiting property taxes in North Carolina.
House Republicans are pursuing a constitutional amendment that would give the state more control over how much cities and counties can raise property taxes. On Tuesday, Berger said he doesn’t think there’s a consensus on the proposed amendment and noted that it would take several months to enact into law. Voters must approve constitutional amendments at the polls in order for them to become law.
“It’s a start that we can look at,” Berger said of the proposed constitutional amendment. “But that, by itself, would not actually go into effect until after the voters approve it, if they approve it, and then the legislature actually passes some sort of legislation.”
Berger said he plans to introduce a bill that freezes municipal property tax revaluations for 12 months while legislators study the issue further.
“We’ve got to do something,” Berger said. “I just don’t know that there’s consensus as to what that something is.
“The best thing that we can do at this point is just call a timeout and give the legislature an opportunity to try to review whatever proposals might be out there.”
North Carolina
North Carolina High School Football Program Promotes From Within
Less than two weeks after losing its head coach to Duke University, a North Carolina high school football program has been promoted from within.
Kevin Reddick will become the new head coach at Rolesville High School, replacing Ranier Rackley, who became the Director of Player Development at Duke University.
News of the decision was first reported by High School OT.
Reddick was the defensive coordinator for the Rams for the past three seasons, helping the team win 25 games during that run. Last year, Rolesville allowed just under 15 points per game with Reddick in charge of the defense.
North Carolina High School Promotes Defensive Coordinator To Head Coach
Rolesville finished 9-4 last season under Rackley and Reddick.
Reddick is a graduate of New Bern High School, helping the Bears capture the 2007 Class 4AA North Carolina High School Athletic Association State Football championship. He was tabbed the most valuable player of that title game as a sophomore fullback after scoring two touchdowns in a 28-17 victory over Independence.
At New Bern, Reddick earned conference defensive player of the year honors and was all-state at lineback as a senior after recording 189 tackles, eight quarterback sacks, six forced fumbles and four blocked punts. He also ran for over 160 yards and scored six touchdowns.
Kevin Reddick Was College Standout, Had NFL Career Before Becoming Coach
Following his high school career, Reddick signed with North Carolina as a four-star prospect, earning first team all-ACC honors as a senior. He also had offers from North Carolina State, Virginia and Clemson.
With the Tar Heels, Reddick played in 50 games, recording 275 tackles, including 36 for loss, with 8.5 quarterback sacks, two interceptions and two forced fumbles.
Reddick signed with the New Orleans Saints as an undrafted rookie free agent, and also had stints with the San Diego Chargers, Carolina Panthers and Buffalo Bills.
Rolesville reached the North Carolina High School Athletic Association State Football championship game with Reddick on the coaching staff and the third round this past season.
Rolesville Returns Top Rusher, Several Other Key Players
The Rams will be replacing starting quarterback Kaleb Williams, who had almost 2,500 yards passing and 22 touchdowns, as freshman Chase Williams was 8-for-8 for 98 yards with a touchdown in three games.
They will have top running back Amir Brown back, as he ran for 1,374 yards with 22 touchdowns and six games of 100 yards rushing as a junior. He also had 13 receptions for 106 yards and another TD.
Anthony Roberts is another key player back, as he caught 35 passes for 656 yards and nine TDs. Top tacklers Jayden Broadie, Javon Campbell, Genesis Allen and Keonte Sutton are all set to return, as well.
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North Carolina
Shooting in park near North Carolina school leaves two dead and several hurt
At least two people are dead and “several” others are injured after a “planned fight” at a North Carolina park escalated into a mass shooting, authorities said.
Police have identified several victims and suspects after Monday’s shooting at Leinbach Park near Jefferson Middle School, according to the Winston-Salem Police Department.
Authorities confirmed there were multiple victims in the shooting, but did not provide an exact number. The suspects were still at large over two hours later.
Officers were called to the park just before 10 a.m. after reports of a fight, which then escalated into multiple people shooting each other.
Area schools are not in lockdown, and classes are operating as normal, police said.
“Due to the number of people involved, efforts are ongoing to account for everyone. At this time, some of those involved in the incident are juveniles,” police said.
According to local news station WFMY, at least three people were taken to the hospital. Officials have not shared their conditions.
Police said the shooting was an isolated incident and remains under investigation.
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