Virginia: Virginia Supreme Court Blocks Voting Rights for Felons | Wall Street Journal

The Virginia Supreme Court on Friday voided Gov. Terry McAuliffe’s effort to restore voting rights to 206,000 people with felony records. Mr. McAuliffe issued an order in April to restore voting rights to convicted felons who have served their sentences while also completing parole and probation, and followed with similar orders in May and June. He cast felon-disenfranchisement laws as a troubling tool that whites had wielded to suppress votes among blacks. The state’s high court in a 4-3 ruling struck down all the orders, ruling they violated Virginia’s constitution. The court’s majority said the “unprecedented scope, magnitude, and categorical nature” of the governor’s actions violated the legal limits on his clemency powers. Mr. McAuliffe can use those clemency powers on a case-by-case basis to restore a felon’s civil rights, but “that does not mean he can effectively rewrite the general rule of law” in Virginia that says convicted felons are disqualified from voting, the court said.

Virginia: State Supreme Court strikes down McAuliffe’s order on felon voting rights | Richmond Times-Dispatch

The Supreme Court of Virginia on Friday struck down Gov. Terry McAuliffe’s executive order restoring voting rights to 206,000 felons, dealing a severe blow to what the governor has touted as one of his proudest achievements in office. In a 4-3 ruling, the court declared McAuliffe’s order unconstitutional, saying it amounts to a unilateral rewrite and suspension of the state’s policy of lifetime disenfranchisement for felons. The court ordered the Virginia Department of Elections to “cancel the registration of all felons who have been invalidly registered” under McAuliffe’s April 22 executive order and subsequent orders. As of this week, 11,662 felons had registered to vote under McAuliffe’s orders. The court gave a cancellation deadline of Aug. 25. McAuliffe, a Democrat, took the sweeping action in April, saying he was doing away with an unusually restrictive voting policy that has a disproportionate impact on African-Americans. In a legal challenge, Republican leaders argued McAuliffe overstepped his power by issuing a blanket restoration order for violent and nonviolent felons with no case-by-case review. The court majority found that McAuliffe did indeed overstep his authority.

Virginia: Senators in contempt over secret emails get day before Supreme Court of Virginia | Daily Press

A case that could recalibrate what documents state legislators can keep secret was heard Tuesday in the Supreme Court of Virginia. Vesilind v. Virginia State Board of Elections is primarily a redistricting case, brought to challenge 11 General Assembly districts under the state constitution. But a side issue has gotten four state senators, and two former senators, held in contempt of court by a Richmond Circuit Court judge. That was the issue before the Supreme Court Tuesday: whether the Virginia Constitution allows state legislators to withhold emails and other documents, even when they're subpoenaed in a lawsuit.

Virginia: High court hears Republican voting-rights lawsuit | Reuters

In a case that could have an impact on the November presidential election, the Virginia Supreme Court heard arguments on Tuesday over a Republican lawsuit challenging the blanket restoration of voting rights for 206,000 felons by Democratic Governor Terry McAuliffe. If upheld, McAuliffe's order could help tip Virginia, a swing state where the vote is traditionally close in presidential elections, in favor of presumptive Democratic presidential candidate Hillary Clinton. Lawyers for leaders in the Republican-controlled state legislature argued that McAuliffe exceeded his authority by restoring voting rights en masse, rather than on a case-by-case basis. "Never in Virginia's 240-year history has a governor exercised clemency power en masse," Charles Cooper, an attorney for the plaintiffs, told the court.

Virginia: Will Virginia Supreme Court restore felon voting rights? | CSMonitor

The Supreme Court of Virginia heard arguments Tuesday in a lawsuit filed by Assembly Republicans who are seeking to block an executive order from Democratic Gov. Terry McAuliffe that restored voting rights to more than 206,000 Virginians who had previously been convicted of felonies. State Republicans say Mr. McAuliffe exceeded his authority with the order and the state's constitution only allows governors to restore rights, including voting rights, on a case-by-case basis. The executive order granted voting rights to those who had served their time and completed any parole or probation requirements by the date of his order. The executive order revised the state's previous policy, which required all citizens with felony convictions to apply for voting rights restoration before being permitted to vote. With the order, Virginia joins 39 other states and the District of Columbia in allowing citizens with past criminal convictions to vote, and more than 11,000 felons in Virginia have since registered.

Virginia: Battle over felons’ voting heads to Virginia Supreme Court | Associated Press

Cheryl Fleming can't wait to vote in November. The 54-year-old who lives in Fairfax County had her voting rights restored in April by Gov. Terry McAuliffe after losing them in 1989 for forging checks to buy drugs. She has never seen the inside of a polling booth. "I was so excited I was screaming in the house," Fleming said of hearing that she got her voting rights back. "I've put my life back together and this was still being held against me," said Fleming, who now works as an Uber driver. If Republican lawmakers are successful in their legal challenge to McAuliffe's executive order, Fleming and more than 200,000 ex-felons who've completed their sentences could again be stripped of the ability to vote. At issue when the Virginia Supreme Court meets Tuesday to hear the case is whether the state's constitution allows governors to restore political rights en masse or requires them to be handled on a case-by-case basis.

Virginia: Battle over felons′ rights could swing US election | Deutsche Welle

The day Barack Obama was first elected president was bittersweet for Terry Garrett. As an African-American whose parents grew up in a segregated South, she was joyous as she witnessed the moment Americans elected the first African-American president. But she also felt angry, sad, left out. That day Terry had watched her children and husband cast their ballots, knowing she would not be allowed to do the same. The 48-year-old from Alexandria, Virginia, has never been allowed to vote. By the time she reached voting age, 18, she had been convicted of shoplifting. Centuries ago, her home state had forbidden people who committed a felony from voting. But this April, Virginia Governor Terry McAuliffe issued a sweeping executive order restoring the voting rights of all former felons who have completed their jail sentence and parole or supervised probation. Now, Terry hopes that she will be able to vote for the first time in her life this November. As a newly registered Democrat, she is hoping to elect another "first" president into office - the first female president, Hillary Clinton.

Virginia: Judge strikes down primary law challenged by anti-Trump convention delegate | Richmond Times-Dispatch

A federal judge struck down an obscure element of Virginia’s presidential primary laws Monday, handing a symbolic victory to a Republican National Convention delegate who has refused to support Donald Trump. U.S. District Judge Robert E. Payne permanently barred Virginia from enforcing a law that requires a winner-take-all system in which the first-place finisher of the GOP primary would technically be entitled to all 49 of the state’s delegates. The statute conflicts with the Republican Party’s primary rules, which allocate Virginia’s delegates proportionally based on the primary results. Carroll “Beau” Correll, a Winchester attorney who supported Sen. Ted Cruz, R-Texas, argued that the state law violates his constitutional rights to free speech and freedom of association by requiring him and all other delegates to vote for Trump on the convention’s first ballot.

Virginia: Anti-Trump lawsuit may lead judge to strike down law on presidential convention voting | Richmond Times-Dispatch

A little-known Virginia law that dictates how the state’s delegates must vote at presidential nominating conventions could be struck down by a federal judge next week. After roughly six hours of oral argument Thursday, U.S. District Judge Robert E. Payne seemed poised to issue a narrow opinion in a case brought by a Virginia delegate to the Republican National Convention seeking legal immunity for his plan to vote against Donald Trump. Payne seemed to accept one element of the argument brought by Carroll “Beau” Correll, a Winchester attorney who supported Sen. Ted Cruz of Texas in the primary. In a lawsuit filed last month, Correll said the state cannot enforce an election law that could, in theory, lead to criminal prosecutions for delegates who don’t cast their vote for Trump on the first ballot despite their obligations under party rules.

Virginia: McAuliffe unveils electronic voter registration at DMV | The Washington Post

Gov. Terry McAuliffe on Thursday unveiled a new voter-registration initiative that managed not to rankle Republicans — quite a feat for a swing-state governor with a buddy on the ballot in a presidential election year. McAuliffe (D) said that Virginia’s motor vehicle offices, which have handled voter registrations since 1996, are making that paper-based process into an electronic one. The change will eliminate processing delays that can require the use of provisional ballots on Election Day, McAuliffe said at a news conference at a Richmond Department of Motor Vehicles office. It also will cut down on the use of staff time and paper at the DMV.

Virginia: Few ex-felons registering to vote in Virginia | Politico

When Virginia Gov. Terry McAuliffe restored voting rights to more than 200,000 state citizens with felony convictions in April, he opened the door — much to the dismay of state Republicans — to a influx of likely Democratic voters in a state whose recent presidential elections have been decided by razor-thin margins. So far, however, very few of those potential voters have taken the first step toward actually showing up in November. As of June 30, only 8,170 of the newly eligible Virginians have registered to vote, according to the Virginia Department of Elections. For many, the gap between eligible voters and registered voters is distressing, particularly given the struggle waged over ex-offenders’ right to vote. McAuliffe’s order restored voting rights to felons who have completed their incarceration, parole or probation and paid all court-related fees and restitution. Virginia felons had long ago lost their right to vote permanently — one of few states in the country to use so harsh of a penalty — until former Gov. Bob McDonnell began lifting these restrictions in 2013 (though felons still had to apply individually for a rights restoration).

Virginia: Judge Sets Hearing on Delegate Lawsuit Aimed at Derailing Trump’s Nomination | NBC

A federal judge has ordered a hearing for July 7 in a lawsuit brought by a Virginia Republican who says a state law requiring him to vote for Donald Trump is unconstitutional. It's the latest legal front in efforts to stop Trump at the Republican Convention. Federal District Court Judge Robert Payne of Richmond is moving quickly, ordering lawyers on both sides to respond to questions he raised Tuesday. While the pace is driven partly by the July 18 opening of the Republican National Convention, it also suggests that the judge is receptive to the claim. The lawsuit was filed by Carroll Correll, a northern Virginia Republican chosen as a delegate to the national convention, on behalf of himself and the state's other Republican delegates. He believes that "Donald Trump is unfit to serve as President of the United States" and that voting for Trump would violate his conscience, according to court filings.

Virginia: McAuliffe lambasts “fear mongering” by Republicans over voting rights restoration | The Virginia-Pilot

Gov. Terry McAuliffe arrived at the community center in Huntersville Tuesday filled with zeal for restoring voting rights to over 200,000 felons, and zingers for Republicans who have criticized his action. “April 22 was probably my proudest day as governor. It was the right thing to do,” McAuliffe said, referring to the day he issued his executive order at a ceremony outside the Capitol. “I don’t understand the fear mongering by the Republicans. You would have thought I had burned the Capitol down.” McAuliffe was in Huntersville to hear the stories of people who had their voting rights restored. Outside, GOP lawmaker Jason Miyares of Virginia Beach waited to provide reporters a counterpoint.

Virginia: Herring seeks dismissal of Republican challenge to felon voting order | Richmond Times-Dispatch

Virginia Attorney General Mark R. Herring has asked the Supreme Court of Virginia to dismiss a Republican lawsuit seeking to overturn Gov. Terry McAuliffe’s order that restored political rights to 206,000 felons. In a 51-page response filed with the court Monday, Herring’s office said the potential for error in the sweeping administrative effort is not a legal argument against the order or the governor’s clemency powers. “Executive judgment is required to determine whether the circumstances warrant a categorical approach, and whether the benefits outweigh the risks of error,” state Solicitor General Stuart Raphael wrote in support of the state’s motion to dismiss. “And that judgment is properly committed to the sole discretion of the elected chief executive, whether the governor of Virginia or the president of the United States.”

Virginia: Records reveal little advance word to officials on voting-rights move | Richmond Times–Dispatch

When Gov. Terry McAuliffe announced that he was restoring the political rights of about 206,000 felons, it came as no surprise to New Virginia Majority, which had fliers already printed encouraging would-be voters to register immediately. The progressive activist group got an official invite days ahead of the April 22 news conference and Tram Nguyen, the group’s co-executive director, had more than three weeks’ notice that the order was coming. “Now that I’m home and have let the news sink in, I’m literally sitting here crying,” Nguyen wrote in a March 30 email to Secretary of the Commonwealth Kelly Thomasson, then a deputy in the office, after the two met earlier in the day. “We’ve been asking for this since the Kaine administration. What this administration is doing is a game changer in so many ways—in particular, for the lives that you’re touching. THANK YOU!”

Virginia: GOP delegate sues for right not to vote for Trump at convention | The Daily Progress

Carroll Correll Jr., a Winchester attorney and Republican delegate to the party’s national convention next month, has filed a federal lawsuit asking for a temporary restraining order or preliminary injunction allowing him to avoid casting a vote for Donald Trump. “Correll believes that Donald Trump is unfit to serve as president of the United States and that voting for Donald Trump would therefore violate Correll’s conscience,” according to the lawsuit filed Friday. “Accordingly, Correll will not vote for Donald Trump on the first ballot, or any other ballot, at the national convention. He will cast his vote on the first ballot, and on any additional ballots, for a candidate whom he believes is fit to serve as president.”

Virginia: Prosecutors argue against McAuliffe’s order on rights | Associated Press

A bipartisan group of 43 commonwealth's attorneys are fighting Gov. Terry McAuliffe's restoration of voting and other rights for more than 200,000 ex-felons. In a brief filed Friday with the Virginia Supreme Court, the prosecutors said each ex-felon's rights restoration should be handled individually, rather than en masse, in order to avoid allowing unfit ex-felons the right to own a gun or sit on a jury. "The governor's blanket restoration order makes no distinction among felons, treating the nonviolent felon the same as the cold-blooded killer, and the one-time offender the same as the career criminal," the brief said. "The governor's order thus hinders commonwealth's attorneys' ability to discharge their duties."

Virginia: State officials pull 132 confined sex offenders from list of eligible voters | The Washington Post

State officials abruptly removed 132 sex offenders from Virginia’s list of eligible voters last week, reacting to the latest problem emerging from Gov. Terry McAuliffe’s sweeping move to restore voting rights to felons who had served out their sentences. A spokesman for McAuliffe (D) said that the offenders, who are confined in a treatment facility under a form of civil commitment, had appeared on the list of eligible voters by mistake. “Those folks should not have been on the list, and they are not there now,” spokesman Brian Coy said. A local prosecutor contends there was no mistake. She says state officials changed the records to try to hide a politically awkward accident — that McAuliffe inadvertently restored voting rights to some of Virginia’s worst sexual predators.

Virginia: Second lawsuit filed over McAuliffe order on felon voting rights | Richmond Times-Dispatch

A conservative legal advocacy group has filed a second challenge to Gov. Terry McAuliffe’s executive order that restored voting rights for roughly 206,000 Virginia felons. Washington-based Judicial Watch filed the lawsuit Monday in Bedford County Circuit Court on behalf of five Bedford voters who argue they’ll be harmed by the votes of felons who have been unlawfully registered to vote. “Unless an injunction is granted, plaintiffs’ lawful votes will be canceled out, and their voting power will be diluted, by votes cast by individuals who are not eligible to vote under Virginia’s laws and Constitution,” the lawsuit states. Rick Boyer, a Lynchburg-area lawyer and Republican activist is listed as an attorney for the plaintiffs along with James F. Petersen, a Judicial Watch attorney in Washington.

Virginia: Voting rights restoration case to go before Virginia Supreme Court | Roanoke Times

The Supreme Court of Virginia will hold a special session July 19 to take up the Republican challenge to Gov. Terry McAuliffe’s order that restored voting rights for more than 200,000 felons. Republican leaders in the General Assembly had sought to have the case heard as early as next month. They argued in court filings that the matter should be decided by Aug. 25 at the latest to avoid “casting doubt on the legitimacy” of the November elections. The McAuliffe administration has refused to release the list of the 206,000 felons, saying that state election law exempts from the Virginia Freedom of Information Act individual records maintained in the state’s voter registration system. Edgardo Cortes, commissioner of the Virginia Department of Elections, asserted in an email Wednesday that “all information received from other entities for the purpose of maintaining accurate voter registration records” is “part of our statewide voter registration system and covered by this exemption.”

Virginia: Supreme Court to Review Virginia Redistricting Case | Wall Street Journal

The Supreme Court on Monday said it would intervene in another political redistricting case from Virginia to consider whether state office voting lines were racially gerrymandered. The high court earlier this year examined whether the Republican-led state legislature discriminated against African-Americans in the way they drew Virginia’s districts for the U.S. Congress, a case that ended without a ruling on the merits. In the earlier case a lower court said lawmakers had illegally packed black voters into one district, diluting their influence in other districts. That litigation ended after the Supreme Court said three Republican congressmen didn’t have legal standing to appeal.

Virginia: State at Center of Racially Charged Fight Over the Right of Felons to Vote | The New York Times

On the night Barack Obama became the nation’s first black president, Leah Taylor, a fast-food worker and African-American mother of six, stayed up until 2 a.m. watching the election returns. “I knew that was history, and I wanted to be a part of it,” she said. But she did not vote. Ms. Taylor, 45, has never voted. In 1991, when she was 20, she was stripped of her voting rights after being convicted of selling crack cocaine and sent to jail for a year. So she was stunned when an organizer from a progressive group, New Virginia Majority, showed up one recent afternoon at the church soup kitchen where she eats lunch and said he could register her. “Your rights have been restored!” the organizer, Assadique Abdul-Rahman, declared with a theatrical flourish, waving an executive order signed in April by Gov. Terry McAuliffe. Ms. Taylor, so moved she nearly cried, promptly signed up. Thus did Ms. Taylor join a wave of newly eligible voters, all with criminal pasts, signing up in Virginia. But what Mr. McAuliffe granted, the Virginia Supreme Court may now take away. Top Republicans in the state legislature are seeking to block Mr. McAuliffe’s sweeping order, which re-enfranchised 206,000 Virginians who have completed sentences, probation or parole. Last week, the Supreme Court announced a special session to hear arguments in July — in time to rule before the November election.

Virginia: Supreme Court takes case claiming racial gerrymandering in Virginia | Politico

The Supreme Court has agreed to hear a Virginia case that could clarify how much consideration of race is permissible when legislatures or other bodies redraw district lines. The justices announced Monday that they will wade into a legal challenge to Virginia's 2011 redistricting for the state House of Delegates. Civil rights groups and Democrats criticized the GOP-led process for packing too many African-American voters into so-called majority-minority districts. "This case gives the Supreme Court the opportunity to further clarify how exactly to determine whether race has been taken into account too much in the drawing of district lines," said Rick Hasen, a professor of election law at University of California at Irvine. "It's kind of a Goldilocks problem. You must take race into account somewhat to comply with the Voting Rights Act, but if you take into account too much the racial considerations you can get in trouble as well. The question is how do you know when you've gotten it just right."

Virginia: State Supreme Court calls special session to hear GOP challenge on felon voting rights | Richmond Times-Dispatch

The Supreme Court of Virginia will hold a special session on July 19 to take up the Republican challenge to Gov. Terry McAuliffe's order restoring voting rights for more than 200,000 felons. Republican leaders in the General Assembly had sought to have the case heard as early as next month, arguing in court filings that the matter should be decided by Aug. 25 at the latest to avoid "casting doubt on the legitimacy" of the November election. "We are pleased the Supreme Court recognizes the urgency of our challenge to Governor McAuliffe's unprecedented and unconstitutional expansion of executive power," House of Delegates Speaker William J. Howell, R-Stafford, said in a statement Wednesday. Howell is a plaintiff in the case along with Senate Majority Leader Thomas K. Norment Jr., R-James City, and four voters.

Virginia: Supreme Court takes up challenge to McAuliffe rights restoration order | The Washington Post

The Virginia Supreme Court next month will hear a legal challenge to Gov. Terry McAuliffe’s order restoring the voting rights of more than 200,000 felons. The court will take up the lawsuit, filed by state Republicans, on July 19 in Richmond during a special session scheduled to accommodate this and other cases. The decision came in response to Republicans’ request for an accelerated timeline. They would like the court to issue a ruling well ahead of the November general election. In their lawsuit, House Speaker William J. Howell (R-Stafford), Senate Majority Leader Thomas K. Norment Jr. (R-James City) and four voters argued that McAuliffe (D) could not legally restore rights to nearly a quarter-million felons with one sweeping executive order. Until now, governors restored voting rights to felons on a case-by-case basis. “We are pleased the Supreme Court recognizes the urgency of our challenge to Governor McAuliffe’s unprecedented and unconstitutional expansion of executive power,” Howell said in a statement.

Virginia: Herring defends McAuliffe’s voting rights order in face of GOP lawsuit | The Washington Post

Virginia Attorney General Mark Herring said Friday that Gov. Terry McAuliffe acted within his constitutional authority when he restored voting rights to more than 200,000 felons. Herring (D), acting as the state’s attorney, defended the governor’s action in a court filing in which he also objected to Republicans’ request for the Virginia Supreme Court to accelerate the timetable for a lawsuit they filed this week to stop the restoration of rights. The legal battle is the latest showdown between the Democratic governor and his allies and the Republican-controlled General Assembly over voting rights. Republican leaders have accused McAuliffe (D) of trying to add potential voters to the rolls to bolster the presidential bid of his friend, Hillary Clinton. McAuliffe denied any political motives and framed the order as a removal of the last vestige of laws such as poll taxes and literacy tests that disproportionately affected the voting rights of African Americans. One in 4 African Americans in Virginia had been banned from voting because of laws restricting the rights of those with convictions.

Virginia: Justices Let Court-Imposed Redistricting Stand in Virginia | The New York Times

The Supreme Court on Monday left in place a court-imposed congressional redistricting map in Virginia, dismissing a challenge from three Republican congressmen. The court’s brief, unanimous decision said the members of Congress had not shown that they had suffered the sort of direct and concrete injury that gave them standing to sue. The court, therefore, did not rule on the larger issues in the case, Wittman v. Personhuballah, No. 14-1504, which concerned the role race may play in drawing legislative maps. “We cannot decide the merits of this case unless the intervenor members of Congress challenging the district court’s racial-gerrymandering decision have standing,” Justice Stephen G. Breyer wrote for the court. “We conclude that the intervenors now lack standing. We must therefore dismiss the appeal for lack of jurisdiction.”

Virginia: Democrats to appeal voter ID case | Daily Press

The Democrats behind a lawsuit challenging Virginia's voter ID law will appeal last week's loss in district court to the U.S. Court of Appeals, the lead attorney said Thursday. The group filed its notice of appeal Wednesday, and will ask for an expedited review by the 4th Circuit Court of Appeals, based in Richmond. "We look forward to the Court of Appeals considering this important case as quickly as possible," attorney Marc Elias said in an email. "It would be inexplicable and disappointing for the state to try to slow walk the appeal in this case. The citizens of Virginia deserve a prompt hearing in time to avoid disenfranchising voters in advance of the 2016 election."

Virginia: Registrars, state working to verify felons’ rights restored for June primary | Richmond Times-Dispatch

The deadline to register to vote in primary elections June 14 passed at midnight, but time hasn’t run out for felons who have applied but await verification that their civil rights were restored under the order signed by Gov. Terry McAuliffe on April 22. State Elections Commissioner Edgardo Cortes advised local registrars on Monday that, if someone filed a complete registration application by the deadline but doesn’t have their rights verified until later, “that applicant has met the applicable close-of-books deadline and should be processed for participation in the June 14 primary election.” Almost 4,000 people had registered to vote successfully by May 17 under the governor’s restoration order, which General Assembly Republicans sued on Monday to overturn.

Virginia: GOP sues to strip new voting rights from 206,000 Virginia felons | The Washington Post

Leaders of Virginia’s House and Senate went straight to the state’s highest court on Monday in a bid to reverse Gov. Terry McAuliffe’s sweeping order to restore voting rights to 206,000 felons. Skipping lower courts, they filed a lawsuit directly with the Supreme Court of Virginia, contending that Mr. McAuliffe, a Democrat, exceeded his authority in April when he restored voting rights to felons en masse instead of individually. The lawsuit — bankrolled by private donations and political funds, Republicans noted, not taxpayer funds — presents a complex constitutional question with the urgency of presidential election-year politics. Republicans are seeking an expedited review so that reinstated ex-cons who have registered to vote can be stripped from the rolls ahead of November. Prior Virginia governors have taken up the cause of restoring felons’ voting rights, but none with anything close to Mr. McAuliffe’s scale and speed.