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CSI V. Moore Update – September 11th, 2021

September 11, 2021

North Carolina Supreme Court Confirms that Voters Who Registered from August 23 to September 3 who are on Felony-Based Community Supervision Must be Allowed to Vote; Orders that Until Appeal is Complete, the Previous 2020 Legal Standard Will Apply


RALEIGH, NC — Yesterday, the North Carolina Supreme Court denied without prejudice a request from Plaintiffs in CSI v Moore to reinstate voting rights to all people serving felony-based community supervision in North Carolina after a panel of the Court of Appeals temporarily stayed that victory pending appeal. The request was filed on behalf of people who have been disenfranchised from the democratic process due to previous convictions who are fighting to unlock the vote to more than 56,000 voters in North Carolina, after an historic win at the trial court level on August 23rd.

This decision comes weeks after a three-judge panel issued a preliminary injunction expanding voting rights for these individuals, most of whom are Black. The North Carolina Court of Appeals later granted a temporary stay of that order requested by the Legislative Defendant’s, which the Supreme Court partially affirmed today. In a victory for the plaintiffs, the ruling stated that all people on felony supervision who legally registered to vote from August 23rd to September 3rd, the 10-day period that the trial court’s expanded preliminary injunction was in effect, are legal voters.

The case was filed by Community Success Initiative, the North Carolina State Conference of the NAACP, Justice Served NC, and Wash Away Unemployment as well as individual plaintiffs on behalf of those who have been disenfranchised from the democratic process. The groups emphasized that, although this is a disappointing ruling, it is only temporary and they are committed to restoring voting rights to all North Carolinians. Indeed, the legal team, including co-counsel from Forward Justice, Arnold & Porter and Protect Democracy, filed post-trial briefs with the trial court on Friday, as the three-judge court prepares to issue its final permanent ruling in the case on the full trial record.

The plaintiff organizations issued the below statement following the Supreme Court Order:

“Although the Supreme Court’s decision to not grant our request to fully reinstate the total rights restoration injunction was disappointing, we are pleased that all people with felony convictions on community supervision who registered to vote from August 23 to September 3 must be considered eligible voters and will be able to vote legally--- and we encourage them to exercise their voice in the upcoming elections. We are now a step closer to our goal, and even in the face of this temporary delay of full justice, we are celebrating. We remain committed to the vision of an equal democracy, untainted by laws illegally designed to disenfranchise Black people in this state. We are keenly aware of the battles that have come before us, and the hurdles overcome by those who have fought to expand who will be included in the ‘We’ of ‘We the People.’ What we are seeking is not a matter of victory on the left or right, but a moral and constitutional challenge that must be faced: the future of our democracy depends on all voices being accounted for and included.”

Contact: Brittany Cheatham, Forward Justice