Can you vote with a felony in North Carolina?

How the right comes back

Automatically

The State Board of Elections says a person convicted of a felony 'automatically regains the right to vote' once their period of supervision is over, and that they must still register to vote, even if they were registered before the conviction. N.C. Gen. Stat. 13-1 restores citizenship rights automatically on the unconditional discharge of an inmate, probationer or parolee (or of a defendant under a suspended sentence), on an unconditional pardon, or on meeting all conditions of a conditional pardon. The State Board says people whose rights are restored after the regular registration deadline may register during early voting or on Election Day.^2,3

Fines, fees and restitution

Not required

Payment is not a separate condition, but unpaid money owed on a sentence can delay restoration for some people by keeping them on probation longer. The State Board of Elections says 'Having financial debt associated with a felony sentence' does not necessarily prevent registering or voting, that someone 'can have their probation period extended due to failure to pay such financial debt,' and that 'probation can and does end for many people with remaining debts'; once supervision ends, the right returns even if debt remains.³

Registering again

Yes

Once the right is back, North Carolina requires a new voter registration before voting.³

Misdemeanors and jail

The State Board of Elections says a person convicted of a misdemeanor in North Carolina does not lose the right to vote, even if incarcerated.^1,3

N.C. Const. art. VI, sec. 2(3) applies to a person 'adjudged guilty of a felony'. The State Board of Elections page opened does not separately address people held in jail who have not been convicted.^1,3

Convictions from another state or federal court

N.C. Const. art. VI, sec. 2(3) covers felonies against North Carolina or the United States, and felonies in another state that would also be felonies in North Carolina. N.C. Gen. Stat. 13-1(4) and (5) restore rights automatically for people convicted of a federal crime or a crime in another state on their unconditional discharge by the agency with jurisdiction over them, an unconditional pardon, or satisfying a conditional pardon.^1,2

What's changed

April 28, 2023: In Community Success Initiative v. Moore, 384 N.C. 194 (2023), the North Carolina Supreme Court reversed a March 28, 2022 trial court judgment that had held N.C. Gen. Stat. 13-1 unconstitutional and had allowed all people with felony convictions not in jail or prison to register and vote, and remanded for dismissal of the claims. The court held that requiring people with felony convictions to complete their sentences, including probation, parole or post-release supervision, before they regain the right to vote does not violate the state constitution.⁴

The law

• N.C. Const. art. VI, sec. 2(3)
• N.C. Gen. Stat. 13-1

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