Virginia Democrats are concerned that ex-felons are not having their rights restored in a timely manner. Meanwhile, Governor Glenn Youngkin’s spokesperson told The Epoch Times that while the governor “firmly believes in second chances,” he is committed to considering each case individually and as the Virginia Constitution outlines.
“Youngkin Rolls Back Voting Rights,” read the headline of a March 27 article on the state Democratic Party website, which accused Youngkin of “one of his most regressive acts as governor.”
On March 17, Virginia Senator Lionell Spruill Sr. (D-Chesapeake) sent a letter to Virginia Secretary of the Commonwealth Kay Cole James, criticizing the fact that fewer than 4,000 ex-felons had their rights restored in 2022, and claiming that the process Youngkin is using to decide is unclear.
Spruill had a series of questions for James, among them “When did the Governor change the process implemented by the [former Virginia Governor Ralph] Northam administration?” Further, Spruill queried how the public was notified of the change, and asked how the administration is notifying prisoners of their ability to have their rights restored.
Like the majority of states, Virginia automatically strips anyone convicted of a felony of their civil rights, including the right to vote, serve on a jury, run for office, become a notary public, and carry a firearm.
“The Constitution places the responsibility to consider Virginians for restoration in the hands of the Governor alone, and he does not take this lightly. Restoration of rights are assessed on an individual basis according to the law and take into consideration the unique elements of each situation, practicing grace for those who need it and ensuring public safety for our community and families,” spokeswoman Macaulay Porter said in a written statement.
Youngkin said he does so “with thorough consideration” and in conjunction with various departments, including corrections, elections, and behavioral health.
“Individuals with their rights restored come from every walk of life and are eager to provide for themselves, and their families and put the past behind them for a better tomorrow,” Youngkin said in May of 2022 when he announced that he had restored civil rights to 3,496 Virginians.
Sen. Mamie Locke (D-Hampton) led the Virginia legislature’s 2021 effort to get an amendment added to the Virginia Constitution to make rights restoration automatic. Although it passed by the Democratic majority, the measure required further action in 2022 and failed to pass in the House of Delegates, now controlled by Republicans, despite some Republican support.
Sheba Williams, founder of advocacy group Nolef Turns, believes that an amendment should be added to the Virginia Constitution that automatically restores felons’ rights after they have served their jail sentences, so they do not continue to be punished for their past.
She said people who have criminal records face additional challenges when looking for jobs, even after they have served their time.
“Having a conviction is probably one of the few things that people can legally discriminate against a person for. So to not have to rely on social services and different nonprofits, if people are able to work and make a living wage, they build into this community,” Williams told WRIC News in 2022.
Former Virginia Governor Terry McAuliffe watches as former President Barack Obama speaks during a campaign rally for McAuliffe at Washington-Lee High School in Arlington, Virginia on Nov. 3, 2013. Mandel Ngan/AFP/Getty Images
During their tenures, the three previous Virginia governors tried to loosen the rules for restoring rights to ex-criminals.
Republican governor Robert McDonnell restored rights to about 16,000 people; Democrat Ralph Northam restored voting rights to about 69,000 former felons, and Democrat Terry McAuliffe restored the rights of about 170,000 ex-prisoners.
In the past, Republicans have criticized efforts to change the process for rights restoration as a thinly disguised way to boost Democratic support and as unconstitutional.
In 2016, Republicans sued McAuliffe for a sweeping order that restored voting rights to 206,000 felons.
The Virginia Supreme Court ultimately agreed, ruling 4 to 3 that the Virginia Constitution requires the governor to consider each case separately.
“Never before have any of the prior 71 Virginia Governors issued a clemency order of any kind—including pardons, reprieves, commutations, and restoration orders—to a class of unnamed felons without regard for the nature of the crimes or any other individual circumstances relevant to the request,” the majority wrote. “To be sure, no Governor of this Commonwealth, until now, has even suggested that such a power exists. And the only Governors who have seriously considered the question concluded that no such power exists.”
After the ruling, McAuliffe continued to restore civil rights to ex-felons in large numbers but did so on an individual basis.
Despite the ruling against McAuliffe, in 2021, Northam went further and took executive action to remove the requirement that ex-felons complete probation before having their rights restored.
Virginia is one of four states where the governor has the authority to restore an ex-felon’s rights (except to possess a firearm) after the person files the proper papers. Many states automatically give felons their rights back after they are released from prison, while some do so after they have completed a probation period. Maine, Vermont, and the District of Columbia never take felons’ rights away.
Masooma Haq
Author
Masooma Haq began reporting for The Epoch Times from Pakistan in 2008. She currently covers a variety of topics including U.S. government, culture, and entertainment.
