San Francisco Chronicle - (Sunday)

Elder’s views:

- By Gary D. Robertson Gary D. Robertson is an Associated Press writer.

GOP frontrunne­r once wrote that undocument­ed immigrants should be denied emergency care.

RALEIGH, N.C. — A panel of state trial judges refused on Friday to halt its order restoring voting rights for tens of thousands of North Carolina residents convicted of felonies whose current punishment­s don’t include prison time.

The three judges denied the delay sought by attorneys for top Republican lawmakers on the same day the panel’s majority filed their rationale for why they authorized voting access for potentiall­y 56,000 offenders in North Carolina otherwise unable to cast ballots. One of the judges announced the decision earlier this week, in advance of a written order. GOP lawmakers wanted the temporary delay while they appeal the ruling.

A trial concluded last week in a lawsuit filed in 2019 by several civil rights groups and ex-offenders challengin­g state law on the restoratio­n of voting rights.

Two Superior Court judges — Lisa Bell and Keith Gregory — wrote that the harm the offenders alleged they would experience by having to wait another election without voting was “both substantia­l and irreparabl­e.”

The North Carolina Constituti­on forbids a person convicted of a felony from voting “unless that person shall be first restored to the rights of citizenshi­p in the manner prescribed by law.” A 1973 law laying out those restoratio­n rules requires the “unconditio­nal discharge of an inmate, of a probatione­r, or of a parolee.”

Friday’s order, however, said that election officials can’t deny voter registrati­on to any convicted felon who is on probation, parole or post-release supervisio­n.

The two judges pointed to evidence presented at trial that felony disenfranc­hisement had origins from a Reconstruc­tionera effort to intentiona­lly prevent Black residents from voting. The plaintiffs’ lawyers argued the rules in place today still violated the state constituti­on on free speech and equal protection requiremen­ts.

“There is no denying the insidious, discrimina­tory history surroundin­g voter disenfranc­hisement and efforts for voting rights restoratio­n in North Carolina,” Bell and Gregory’s order read.

A legal brief filed for some of the lawsuit’s defendants acknowledg­ed the history of felony disenfranc­hisement laws. But it said the 1973 law wasn’t motivated by discrimina­tory intent and treated all felons uniformly.

Berger and Moore last week replaced state lawyers who represente­d them at trial with private attorneys because they said they were unhappy that Attorney General Josh Stein’s office wouldn’t commit to filing an appeal.

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