COMMUNITY SUCCESS INITIATIVE v. MOORE

No. 331PA21.

886 S.E.2d 16 (2023)

COMMUNITY SUCCESS INITIATIVE; Justice Served NC, Inc.; Wash Away Unemployment; North Carolina State Conference of the NAACP; Timothy Locklear; Drakarus Jones; Susan Marion; Henry Harrison; Ashley Cahoon; and Shakita Norman v. Timothy K. MOORE, in his official capacity as Speaker of the North Carolina House of Representatives; Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate; the North Carolina State Board of Elections; Damon Circosta, in his official capacity as Chairman of the North Carolina State Board of Elections; Stella Anderson, in her official capacity as Secretary of the North Carolina State Board of Elections; Kenneth Raymond, in his official capacity as Member of the North Carolina State Board of Elections; Jeff Carmon, in his official capacity as Member of the North Carolina State Board of Elections; and David C. Black, in his official capacity as Member of the North Carolina State Board of Elections.

Supreme Court of North Carolina.

Filed April 28, 2023.


Attorney(s) appearing for the Case

Forward Justice, by Daryl Atkinson , Whitley Carpenter , Kathleen F. Roblez , Ashley Mitchell , and Caitlin Swain ; Arnold & Porter Kaye Scholer LLP, by R. Stanton Jones and Elisabeth S. Theodore ; and Protect Democracy Project, by Farbod K. Faraji , for plaintiff-appellees.

Cooper & Kirk, PLLC, by Nicole J. Moss , David Thompson , Peter A. Patterson , Joseph O. Masterman , and William V. Bergstrom ; and K&L Gates, by Nathan A. Huff , for defendant-appellants Legislative Defendants.

Tin, Fulton, Walker & Owen, PLLC, by Abraham Rubert-Schewel , for Cato Institute and Due Process Institute, amici curiae.

Poyner Spruill LLP, Raleigh, by Caroline P. Mackie ; and Karl A. Racine , Attorney General for the District of Columbia, by Caroline S. Van Zile , Solicitor General, for the District of Columbia and the States of California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, Rhode Island, and Washington, amici states.

Law Offices of F. Bryan Brice, Jr., by Anne M. Harvey ; and Proskauer Rose LLP, by Lloyd B. Chinn and Joseph C. O'Keefe , for Institute for Innovation in Prosecution at John Jay College, amicus curiae.

North Carolina Justice Center, by Sarah Laws , Laura Holland , and Quisha Mallette , for the North Carolina Justice Center and Down Home NC, amici curiae.

Patterson Harkavy LLP, by Paul E. Smith Chapel Hill, and Burton Craige , Raleigh, for the Sentencing Project, the Lawyers' Committee for Civil Rights Under Law, and the Southern Poverty Law Center, amici curiae.


Our state constitution ties voting rights to the obligation that all citizens have to refrain from criminal misconduct. Specifically, it denies individuals with felony convictions the right to vote unless their citizenship rights are restored "in the manner prescribed by law." N.C. Const. art. VI, § 2(3). No party to this litigation...

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