On November 14, the Fourth Circuit agreed with the lower court that North Carolina’s law requiring candidates to reveal whether they have been convicted of a felony does not add to the qualifications to run for Congress. Sharma v Hirsch, 23-2164. Here is the decision.

The North Carolina declaration of candidacy to run in a primary asks if the candidate has been convicted of a felony, and, if so, to add some details about the conviction. When a candidate is running for Congress, though, the answers on the form have no impact on whether the candidate can get on the ballot. Even if the candidate has been convicted of a felony, the state will print his or her name on the ballot. Therefore, the Fourth Circuit concluded, because the requirement is not a barrier to ballot placement, there is no violation of Article One of the U.S. Constitution. Article One bars the states from adding to the qualifications to run for Congress.

The decision also notes that the response to the question is not printed on any ballot, and it isn’t easy for a member of the public to even know what the candidate said on the declaration. The declaration is not available to be viewed on the internet.

The decision also acknowledges that a candidate can run for congress even if the candidate is not registered. The decision is by Judge J. Harvie Wilkinson III (a Reagan appointee) and is also signed by Judges Julius N. Richardson and Allison Jones Rushing (Trump appointees).