Since Wake County Board of Elections Director Cherie Poucher told the News and Observer that no one has stepped up to challenge Lent Carr’s candidacy now that he’s back in federal prison, at least one District C citizen has. The Board of Elections has received word that at least one citizen intends to challenge Carr’s candidacy based on his status as an active convicted felon.
North Carolina’s election law states as follows:
ยง 163?55. Qualifications to vote; exclusion from electoral franchise.
[snip]
Except as otherwise provided in this Chapter, the following classes of persons shall not be allowed to vote in this State:
(1) Persons under 18 years of age.
(2) Any person adjudged guilty of a felony against this State or the United States, or adjudged guilty of a felony in another state that also would be a felony if it had been committed in this State, unless that person shall be first restored to the rights of citizenship in the manner prescribed by law.
The Board of Elections is in a rush for time since absentee voting begins August 22nd. Poucher is hoping to schedule a hearing on Carr’s eligibility on Thursday, August 18th, provided the challenge is properly filed.
Carr’s legal status is a bit hazy (at least to this non-lawyer) as he was sentenced to 125 months of active time in federal prison in April 2000. He was released from prison in January 2009 to serve 60 months of supervised release but Judge Howard ruled this week that Carr has violated the terms of his release.
What is clear is that by North Carolina law, Carr must be an eligible voter at the time of his candidacy. As of October 2010, Carr was listed as an eligible voter: he voted in the November 2010 general election. North Carolina restores voting rights after a sentence is fulfilled. However, as Carr was still serving a supervised release, was he still an active felon? Or, since he was deemed to be in violation of his terms and sent back to prison, does that mean his sentence is reactivated and thus is now longer eligible?
There are a lot of questions to be answered. Unfortunately, while I can dig up the facts, I cannot be present next week to challenge Carr’s candidacy. I hope that either Carr withdraws or another District C concerned citizen follows through with the challenge. Stay tuned.