Virginia ruling restores voting rights for many felons

Summary

A federal ruling will allow some Virginians with felony convictions to register to vote starting June 1.

Why this matters

The ruling will let some Virginians register to vote without a governor’s approval beginning June 1. It also affects a November ballot measure on whether to make rights restoration automatic in the state Constitution.

A federal court ruling this year found that Virginia’s rights-restoration process violated Civil War-era laws, clearing the way for people with felony convictions to vote in congressional elections this fall.

The court ruled that Virginia’s disenfranchisement of people with felony convictions violated the Readmission Acts, laws that required former Confederate states to guarantee voting rights for newly emancipated Black residents. The laws barred states from constitutionally disenfranchising people except for crimes considered common law at the time.

Under current Virginia law, people with felony convictions lost voting rights unless a governor restored them. A judge had set a May 1 deadline for state officials to ensure many modern crimes no longer trigger disenfranchisement. A joint filing last week by King’s lawyers and the office of Attorney General Jay Jones extended that deadline to June 1.

“We are committed to working with the Commonwealth to implement this historic expansion of voting rights and ensure newly eligible voters know their rights have been restored,” said American Civil Liberties Union attorney Vishal Agraharkar. “It’s past time for us to finally and formally right this wrong.”

The lawsuit at the center of the trial challenged former Republican Gov. Glenn Youngkin’s change to a petition-based restoration process. Two previous governors had streamlined the process, and restoration numbers fell during Youngkin’s tenure.

Lawmakers also advanced a constitutional amendment to provide automatic restoration of voting rights. After passing the Legislature in two consecutive years, it will appear on the statewide ballot in November.

When Gov. Abigail Spanberger signed the measure to place the amendment on the ballot earlier this year, she said: “When Virginians have paid their debt to society, they deserve to regain their right to vote.”

As state agencies define which crimes may qualify or disqualify people under the ruling, June 1 will be the first day some can register without a governor’s approval.

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