Virginia's approach to restoring voting rights for individuals with felony convictions may undergo significant modifications. Current state law automatically revokes voting rights upon a felony conviction, with the governor holding sole authority for restoration.
Legal Challenge
Tati King, a 54-year-old resident of Alexandria, Va., has filed a federal lawsuit challenging Virginia's constitutional rule regarding felon disenfranchisement. King, who lost his voting rights due to a 2018 felony drug possession conviction, argues that the state's policy violates the Virginia Readmission Act of 1870. This act, which facilitated Virginia's return to congressional representation after the Civil War, prohibited the state from enacting laws that remove voting rights, with exceptions only for crimes considered common law felonies in 1870, such as murder or manslaughter, but not drug-related offenses. The lawsuit, supported by the American Civil Liberties Union (ACLU) of Virginia, indicates that over 300,000 Virginians are currently unable to vote due to this policy. Vishal Agraharkar, a senior supervising attorney for the ACLU of Virginia, states that the suit aims to restore voting rights for thousands and address a historical disenfranchisement disproportionately affecting Black individuals. A 2024 report by the Sentencing Project estimated that 4 million Americans have lost their voting rights due to felony convictions, including one in every 22 eligible Black voters.
Current Gubernatorial Policy
Virginia is one of three states where only the governor can restore voting rights for individuals with felony convictions. The governors of Iowa and Kentucky, the other two states, have implemented automatic restoration processes for most individuals with felony convictions. Virginia's current governor, Glenn Youngkin (Republican), implemented a case-by-case review system for rights restoration, diverging from the automatic processes utilized by his three predecessors. This policy has resulted in fewer restorations and has faced legal challenges and questions regarding its criteria and transparency. Governor Youngkin's office maintains that individual application review is appropriate, considering factors such as conviction nature, weapon use, and paid court fees.
Future Outlook
Incoming Governor Abigail Spanberger (Democrat), set to take office in January, has stated her intention to ensure that all eligible Virginians who have served their sentences have their voting rights restored. Additionally, a proposed constitutional amendment could shift the restoration process from gubernatorial discretion to automatic restoration upon release from prison. The Democratic-led General Assembly has passed this measure once and, following increased Democratic majorities in the House of Delegates, is expected to pass it again in the upcoming legislative session. If passed in two consecutive sessions, the amendment would appear on the state ballot during next November's midterm elections for voter approval. Advocates believe that both the legal challenge and the proposed constitutional amendment could significantly impact felon disenfranchisement in Virginia.