Just after a divided Virginia Supreme Court declared Gov. Terry McAuliffe’s executive order restoring the rights of more than 200,000 Virginia felons unconstitutional, McAuliffe vowed to restore those voting rights one individual at a time. Chief Justice Donald Lemons wrote the majority opinion for the Court. Relying on his clemency power under Article V, Section 12 of the Constitution of Virginia, Governor McAuliffe’s Executive Order sought “to restore the political rights of any persons disqualified by Article II, Section 1.” J.A. at 1. The voter-disqualification provision in Article II, Section 1 of the Constitution of Virginia provides: “No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority.” Felons may request that their civil rights be restored, and Article II, Section 1 grants the Governor the power to consider and act on those requests.
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