Virginia Senate approves voting rights restoration amendment

By Virginian-Pilot February 10, 2009
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JULIAN WALKER, VIRGINIA PILOT

The Virginia Senate passed one measure, and defeated another, that would give the legislature constitutional power to restore voting rights to non-violent felons who lost them due to criminal convictions.

A constitutional amendment, SJ273, sponsored by Sen. Yvonne Miller, D-Norfolk, advanced out of the Senate on 27-13 vote today. Sen. Donald McEachin, D-Henrico, sponsored another measure that would automatically restore voting rights once a felon completes their sentence and subsequent parole or probation.

His measure, SJ354, died on a 19-19 vote. Republican Lt. Gov. Bill Bolling, who presides in the Senate, broke the tie and voted against it.

A few Republicans criticized the proposal, though Sen. Ken Stolle, R-Virginia Beach, took a more moderate tone, noting that it may be appropriate for the General Assembly to have a role in restoring voting rights.

Speaking in support of the plan, Sen. Henry Marsh, D-Richmond, said legislators should allow the fate of the measure to be weighed by the public, not killed internally.

“Some people think this is a race question. It’s not,” said Marsh. “More than half the people who are barred are not African Americans. They’re not minorities.”

While Miller’s plan must travel a difficult path to become law. The first step is being approved by the Republican-controlled House of Delegates that has already killed similar proposals this year.

Miller has sponsored similar proposals in past years with little success.

Constitutional amendments must pass the General Assembly twice, with an election in between, and then be placed on the ballot and approved by voters to take effect.

Under current law, individuals whose voting rights have been stripped due to a felony conviction may apply for restoration. Virginia’s governor has the authority to approve those applications.

Through December, Gov. Timothy M. Kaine had restored the rights of 2,717 individuals. His predecessor, now U.S. Sen. Mark Warner, restored rights for 3,486 people during his tenure as governor.

Jim Gilmore and George Allen, the two Republican governors that preceded them, restored rights for 238 and 460 individuals, respectively.

Restoration advocacy groups rank Virginia as one of the states with the most restrictive rules for regaining voting rights.

Thirty-eight states have varying restoration procedures in places, according to the non-profit Project Vote organization.

The American Civil Liberties Union estimates that at least 5 million Americans have lost the right to vote.

Read the original Virginia Pilot article here.