Tag: Rights Restoration

BREAKING: Virginia Supreme Court denies Republican effort to hold McAulffe in contempt

UPDATE: RICHMOND (September 15, 2016) — Attorney General Herring issued the following statement after the Supreme Court of Virginia rejected legislators’ motion to hold Governor McAuliffe in contempt for his efforts to restore Virginians’ voting rights:

“This contempt motion was completely baseless and I’m glad the Supreme Court dispatched it so quickly. Governor McAuliffe is doing the right thing in giving these Virginians back their voice and their vote and I hope the legislature will join the effort.” -Mark R. Herring, Attorney General

In a one-page order released Thursday, the Supreme Court said it would not require McAuliffe to return to court to prove that he is complying with the court’s July 22 ruling that struck down McAuliffe’s first attempt to restore voting rights to more than 200,000 felons via executive order.

The court also said it would not allow Republican General Assembly leaders to seek further documents through a new discovery process.

Virginia Governor – Ralph Northam – Newsroom

Virginia Governor, Newsroom, Newsroom

With weeks to go before early voting begins in the presidential election, Republicans had sought to block thousands of felon voter registrations, arguing that McAuliffe’s revised process for issuing individual orders still thwarted the state’s constitutional policy of barring felons from voting.

Virginia Supreme Court denies Republican effort to hold McAuliffe in contempt over felon voting rights

The Supreme Court of Virginia on Thursday rejected a Republican effort to have Gov. Terry McAuliffe held in contempt over his ongoing efforts to restore voting rights for felons.

For ex-offenders, a roller coaster ride to vote

“I don’t care what their politics are,” McAuliffe said in an interview Thursday while visiting the Dan River Region for an economic announcement. “I want them to vote.”

McAuliffe also countered the notion that his executive order was to earn Democratic voters or score political points — he said he wanted to help erase part of the commonwealth’s racist past.

State Sen. Bill Stanley, R-Moneta, said he largely agreed with what McAuliffe’s actions had accomplished, voicing his support for an automatic restoration of rights for most ex-offenders.

“We are a nation of second chances,” Stanley said. “When you look at it individually, humans make mistakes.”

He also said he would change the part of Norment’s proposal limiting restoration to non-violent felons, explaining that the list of violent felonies included many not traditionally seen as violent.

The ex-offenders, along with the rest of Virginia citizens, have until Oct. 17 to complete their registrations. More information is available at Virginia’s Restoration of Rights website.

“We constantly expand that list and sometimes, I think, without justification,” he said. “We can’t make every human action a crime.”

For ex-offenders, a roller coaster ride to vote

Gov. Terry McAuliffe and local lawmakers continue to argue over the way to let more than 200,000 Virginians earn back the right to vote. “I don’t care what their politics are,” McAuliffe said in an interview Thursday while visiting the Dan River Region for an economic announcement. “I want them to vote.”

Voter registration is the antidote to voter suppression

True South: Unleashing Democracy 50 Years After the Mississippi Summer Project

True South: Unleashing Democracy 50 Years After the Mississippi Summer Project

The conventional wisdom in the South is that despite gains on the local level, candidates who represent the views of people of color cannot win statewide office. But this conventional wisdom ignores the numbers. In 2012 there were 3.7 million unregistered black voters, 3.2 million unregistered Hispanics and 750,000 unregistered Asians in the Black Belt.

VIRGINIA DEPARTMENT OF ELECTIONS CITIZEN PORTAL

The Freedom Summer activists understood that politics is at least in part a numbers game. We need to realize that communities of color have the potential to shift the balance of power in the U.S South through sheer force of numbers. Voter registration can make the future come faster in the Black Belt, and 50 years after Freedom Summer, it is time for another bold leap forward.

Voter registration is the antidote to voter suppression

We have the antidote to voter suppression. In fact, we’ve always had it. We have known what it is for at least half a century. Fifty years ago this month, Freedom Summer activists risked life and limb to register voters in Mississippi and spread the gospel of democracy across the southern United States.

Governor McAuliffe’s Restoration of Rights Policy

Governor McAuliffe’s Restoration of Rights Policy

August 22, 2016

Restoring the rights of individuals who have served their time and reentered society is the right thing to do. Virginia’s felon disenfranchisement policy is rooted in a tragic history of voter suppression and marginalization of minorities, and it needs to be overturned. While Virginians continue to wait for the General Assembly to pass a constitutional amendment to permanently repeal this policy, the Governor is committed to doing everything in his power to restore the rights of Virginians who have completed their sentences.

If you know of individuals who wish to have their rights restored, please have them submit a request on the Secretary of the Commonwealth’s website www.commonwealth.virginia.gov/ror. Individuals without internet access can call the SOC at 804-692-0104 or mail-in a contact form.

The Constitution of Virginia grants the Governor the sole authority to restore the rights of individuals who have been convicted of a felony.  While it is our position that the Governor’s April 22nd action was clearly constitutional by any reasonable standard, he will proceed with individual restorations in accordance with the Virginia Supreme Court’s order and the precedent of governors before him.

Today, the Governor is announcing next steps to proceed with individually restoring the rights of persons who have served their time and completed supervised release.  This process is fair and transparent and fully complies with the restrictions outlined in the July 22nd Supreme Court decision. These actions stem from Governor McAuliffe’s belief in the power of second chances and his determination that our Commonwealth will no longer treat these individuals like second class citizens.

It is the Governor’s hope that this will be the last phase of this battle over the civil rights of these individuals, and that opponents of these actions will recognize his clear authority as well as the morality behind it. As we have seen, there are some in our society who believe people who commit felonies should lose their rights forever, despite having served the sentence that a judge and jury imposed for their crime. And there are others who believe a subjective evaluation of the severity of a person’s crime should determine whether that individual is worthy to have his or her rights restored. As his actions demonstrate, Governor McAuliffe has faith in our criminal justice system and its ability to impose different sentences on different individuals in relation to the particular nature and circumstances of their offenses. After offenders serve those sentences, he believes they should have equal access under the law to have their rights restored. If a person is judged to be safe to live in the community, he or she should have a full voice in its governance.

Any action of this size and historic nature is difficult to perform without some administrative error. As the information below demonstrates, identifying these individuals (some of whom have been disenfranchised for decades) and restoring their rights is a significant undertaking of numerous state agencies that maintain information in different ways. The process we designed includes a multi-step review to ensure that the individuals being considered for restoration fully meet the Governor’s criteria. However, it is possible that there will be discrepancies from time to time, and we will work to fix them as soon as they are identified. The difficulty of this administrative undertaking is not an excuse, however, for leaving hundreds of thousands of people disenfranchised.

The Governor’s process moving forward is outlined below.

STEP 1: Re-restoring the rights of individuals who had their voter registration canceled as a result of the Virginia Supreme Court’s decision:

  • Following the July 22nd Supreme Court decision, the Department of Elections and Secretary of the Commonwealth (SOC) quickly complied with the Court’s order for the Secretary of the Commonwealth to delete from the records any individuals who had their rights restored under these orders, and for the Department of Elections to cancel the voter registration of any individual whose rights were restored under these orders.  All individuals who registered to vote pursuant to Governor McAuliffe’s April 22, May 31 and June 24 orders were mailed a cancellation notice from the Department of Elections.
  • Since then, the SOC led a thorough review of the individuals who had their voter registration canceled to determine whether each individual meets the Governor’s standards for restoration of rights and provided a recommendation to the Governor.
  • On August 15, Governor McAuliffe approved the restoration of rights of nearly 13,000 people.  Certain individual cases remain under review.
  • Individual restoration orders were printed with the Governor’s signature under the Seal of the Commonwealth and mailed on Friday, August 19, to those newly restored individuals.
  • Individuals whose rights were restored on or after August 15 have been updated in the SOC’s database and communicated to the Department of Elections to remove those individuals from the prohibited voter list.
  • SOC will release the names of newly restored individuals monthly. The list will be made available by request. The full list will also be included in Senate Document 2 (SD2) as it has been historically.

STEP 2: Restoring the rights of other qualified individuals.

  • SOC is giving priority consideration to individuals who request restoration of their civil rights.  Those wishing to expedite restoration of their own rights may contact the SOC through the website www.commonwealth.virginia.gov/ror.
  • In addition, the Secretary of the Commonwealth’s office has identified individuals who may meet the Governor’s standards for restoration: individuals who have been convicted of a felony and are no longer incarcerated or under active supervision by the Department of Corrections (DOC) or other state agency.
  • Prioritizing by date since release from supervision and starting with those who have been released from supervision the longest, SOC will conduct a thorough review of each of these individuals, checking their records with Virginia State Police, DOC, State Compensation Board, Department of Juvenile Justice, Department of Criminal Justice Service, and Department of Behavioral Health and Developmental Services to ensure the individual meets the Governor’s standards for restoration of rights.
  • In addition to confirming completion of incarceration and supervised release, the SOC considers factors such as active warrants, pre-trial hold, and other concerns that may be flagged by law enforcement.  Individuals in these circumstances or any with concerns about the accuracy of information analyzed from law enforcement will be held from our streamlined consideration process for further review.
  • Upon completion of its review, SOC will make recommendations to the Governor to restore the rights of individuals who have been determined to meet his standards.
  • The Governor will review SOC’s analysis of each individual’s record and will make the final decision on proposed candidates for restoration of rights.
  • Upon the Governor’s approval, SOC will issue and mail personalized restoration orders.
  • SOC will release the names of newly restored individuals monthly. The list will be made available by request. The full list will also be included in Senate Document 2 (SD2) as it has been historically.

If you know of individuals who wish to have their rights restored, please have them submit a request on the Secretary of the Commonwealth’s website www.commonwealth.virginia.gov/ror. Individuals without internet access can call the SOC at 804-692-0104 or mail-in a contact form.

– See more at: https://governor.virginia.gov/newsroom/newsarticle?articleId=16491#sthash.Qz0zVEY3.dpuf

Governor McAuliffe Restores Voting and Civil Rights to Over 200,000 Virginians

Commonwealth of Virginia
Office of Governor Terry McAuliffe

 

FOR IMMEDIATE RELEASE

Date: April 22, 2016
Office of the Governor
Contact: Brian Coy

Email: brian.coy@governor.virginia.gov

Governor McAuliffe Restores Voting and Civil Rights to Over 200,000 Virginians

RICHMOND – Governor Terry McAuliffe today restored the voting and civil rights of more than 200,000 Virginians who were convicted of felonies, served their time and completed any supervised release, parole or probation requirements. Each of those Virginians will immediately regain the right to register to vote, to run for office, to serve on a jury and to serve as a notary public.

“Throughout my administration my team and I have operated on a simple principle: Virginians who have served their time and reentered society should do so as full citizens of our Commonwealth and country,” said Governor McAuliffe. “Too often in both our distant and recent history, politicians have used their authority to restrict peoples’ ability to participate in our democracy. Today we are reversing that disturbing trend and restoring the rights of more than 200,000 of our fellow Virginians who work, raise families and pay taxes in every corner of our Commonwealth.”

The Governor implemented his action by signing an order restoring the rights of every Virginia felon who completed his or her sentence and all other requirements as of April 22nd, 2016. The total number of Virginians impacted by the Governor’s order today is 206,000. He also instructed the Secretary of the Commonwealth to prepare a similar order monthly in order to restore the rights of individuals who complete their sentences in the future.

Article V, Section 12 of the Constitution of Virginia grants the Governor the authority to “remove political disabilities consequent upon conviction” of a felony.

Previous to today’s action, the McAuliffe Administration restored the rights of more than 18,000 Virginians, which is more than the past 7 governors combined over their full four-year terms.

The Governor also worked to reform the restoration process by reducing the waiting period for more serious offenders from five years to three, classifying all drug-related convictions as non-violent, shortening the application for more serious offenders from 13 pages to one page, removing a requirement that individuals pay their court costs before they can have their rights restored, and ensuring that a notation will be included in an individual’s criminal record designating that his or her rights have been restored.

Governor McAuliffe added, “If we are going to build a stronger and more equal Virginia, we must break down barriers to participation in civic life for people who return to society seeking a second chance. We must welcome them back and offer the opportunity to build a better life by taking an active role in our democracy. I believe it is time to cast off Virginia’s troubling history of injustice and embrace an honest, clean process for restoring the rights of these men and women.”

Joining Governor McAuliffe at today’s announcement were Secretary of the Commonwealth Kelly Thomasson, former Secretary of the Commonwealth Levar Stoney, the Rev. Ben Campbell and Raja Johnson.

Dr. Campbell is the founder of Richmond Hill, an ecumenical Christian fellowship and residential community which actively seeks reconciliation in Richmond. He was named Richmond’s “Peacemaker of the Year” in 2013 by the Richmond Peace Education Center. Ms. Johnson is a single mother and resident of Richmond, Governor McAuliffe restored her rights in 2014. Ms. Johnson has since gone on to obtain a Medical Associates Degree.

For more information about the Governor’s order, frequently asked questions and the status of individual restoration of rights petitions, please visit: http://governor.virginia.gov/

The full text of Governor McAuliffe’s order restoring the rights of more than 200,000 Virginians is below:

 

Order for the Restoration of Rights

TO ALL TO WHOM THESE PRESENTS SHALL COME – GREETINGS:

WHEREAS, Article II, Section 1 of the Constitution of Virginia requires that all those convicted of a felony be deprived of their civil right to vote unless they have their civil rights restored by the Governor or other appropriate authority; and

WHEREAS, it is estimated that approximately 206,000 Virginians are permanently disenfranchised from participating in political life due to prior felony convictions even after completing their court-ordered sentences; and

WHEREAS, such disenfranchisement disproportionately affects racial minorities and economically disadvantaged Virginians; and

WHEREAS, Virginians have increasingly advanced the ideals of equality of all races and peoples, while rejecting the indefinite and unforgiving stigmatization of persons who have committed past criminal acts; and

WHEREAS, the Governor is empowered by Article V, Section 12 of the Constitution of Virginia “to remove political disabilities consequent upon conviction,” thus to restore the political rights of any persons disqualified by Article II, Section 1; and

WHEREAS, the power granted to the Governor under Article V, Section 12 to remove political disabilities is absolute and without any limitation not expressly stated within the Constitution of Virginia; and

WHEREAS, all individuals who have served the terms of their incarceration and any periods of supervised release deserve to re-enter society on fair and just terms, including to participate in the political and economic advancement of Virginia; and

WHEREAS, the restoration of civil rights has been noted to achieve substantial benefits for those individuals who have felt long-exiled from mainstream life; and

WHEREAS, democracy is strengthened by having more citizens involved in the political process;

NOW, THEREFORE, I, Terence R. McAuliffe, Governor of the Commonwealth of Virginia, by and through the authority vested in me under Article V, Section 12 of the Constitution of Virginia, do hereby order the removal of the political disabilities consequent upon conviction of a felony imposed by Article II, Section 1 of the Constitution of Virginia from all those individuals who have, as of this 22nd day of April 2016, (1) completed their sentences of incarceration for any and all felony convictions; and (2) completed their sentences of supervised release, including probation and parole, for any and all felony convictions. The civil rights restored by this Order are: (1) the right to vote; (2) the right to hold public office; (3) the right to serve on a jury; and (4) the right to act as a notary public. Nothing in this Order restores the right to ship, transport, possess, or receive firearms.

Given under my hand and under the Lesser Seal of the Commonwealth at Richmond, on April 22, 2016 in the 240th year of the Commonwealth.

_____________________________
Governor of Virginia

_____________________________
Secretary of the Commonwealth

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