Republicans in the Virginia General Assembly filed a lawsuit Monday in the Supreme Court of Virginia challenging Gov. Terry McAuliffe’s authority to order a mass restoration of rights April 22, covering more than 200,000 felons who served their time. The lawsuit, led by Speaker of the House William J. Howell, R-Stafford, and Senate Majority Leader Thomas K. Norment Jr., R-James City, argues that McAuliffe exceeded his executive authority under the state constitution when he issued the order. “The Constitution of Virginia forbids this unprecedented assertion of executive authority,” the filing states. “Governor McAuliffe’s executive order defies the plain text of the Constitution, flouts the separation of powers, and has no precedent in the annals of Virginia history. The governor simply may not, with a stroke of the pen, unilaterally suspend and amend the Constitution.”
The suit — filed against the governor, Secretary of the Commonwealth Kelly Thomasson and members of the State Board of Elections and Department of Elections — petitions the state’s highest court to stop implementation of the order and any subsequent mass rights restoration actions taken by the governor. It says the state constitution allows a governor to restore rights only on an individual basis. It argues that McAuliffe’s order also violates the separation of powers, illegally amends the state constitution and potentially dilutes otherwise legitimate votes by permitting unqualified voters potentially to cast ballots.
McAuliffe’s push for a mass restoration of rights outraged Republicans — especially in a presidential election year in which the governor’s close friend and fellow Democrat, Hillary Clinton, is seeking a victory in battleground state Virginia to boost her bid for the White House.
Full Article: Assembly Republicans sue McAuliffe over mass rights restoration order – Richmond Times-Dispatch: Virginia News.