Virginia: Advocates: Court-imposed debt an obstacle for some felons seeking to restore voting rights | Washington Post

Advocates for restoring the voting rights of Virginia felons are praising the steps Gov. Bob McDonnell has taken to streamline the process but say a major impediment remains: insurmountable fines and court costs. McDonnell’s administration has restored the voting rights of more than 6,800 Virginians, more than any previous administration. In July, he announced a new procedure that eliminated a two-year waiting period and made restoration almost automatic for nonviolent felons who have completed their sentences and probation and paid all court-imposed debt. But for disenfranchised Virginians like Clyde Mowyer of Colonial Heights, the financial hurdle means his chance of regaining the right to vote is no greater now than it was before McDonnell reformed the process. Mowyer, who was convicted of credit card theft and multiple driving violations, estimated that he owes nearly $20,000 to multiple jurisdictions — a debt he will never be able to repay on his monthly disability income of $639. “After paying for utilities and a place to stay, I have $59 left to live on,” Mowyer said. “There’s no possible way I can pay anything. I appreciate what the governor did in trying to make an automatic restoration process, but it doesn’t help people that are disabled.”

Virginia: McDonnell says state has restored rights of record 6,800 felons | Richmond Times-Dispatch

Gov. Bob McDonnell said today that the civil rights of 6,874 Virginians have been restored during his tenure, 1,577 since July 15, when he began automatically restoring rights for nonviolent felons on an individual basis. “I strongly believe in second chances and redemption. It is a fundamental part of the American way,” McDonnell said in a statement. “Our efforts on prisoner re-entry and the restoration of rights are working. When an individual has done their time, and paid their fines, costs, and other obligations, they deserve the opportunity to rejoin our democracy in full.” McDonnell announced in May that beginning July 15 he would automatically restore the voting rights of nonviolent felons on an individual basis.

Virginia: Felons slow to seek restoration of rights | The Free Lance Star

Some 350,000 convicted nonviolent felons became eligible to have their civil rights restored on July 15. Two months later, only a small fraction of those eligible know about the policy. Even fewer have applied. Gov. Bob McDonnell issued an executive order that eliminated a two-year waiting period before an application could be filed to restore rights. Now, a nonviolent felon who has completed all court-ordered conditions can apply and be automatically approved. What this means is that eligible individuals need only register with the Secretary of the Commonwealth via mail, email or phone to have their rights to vote, serve on a jury and work as a notary public restored. Organizations that are spreading the word about the change say that reaching those who are eligible is easier said than done. “Virginia only has the names of people currently incarcerated, but not those who have been released. They don’t know where these people are,” said Ladelle McWhorter of Virginia Organizing, a non-partisan grass-roots group. “The thing that [the governor’s office needs] is for people to come forward.”

Editorials: Should Former Felons Ever Be Allowed to Vote? | Care2 Causes

As of July 15, 2013, felons convicted of non-violent offenses in Virginia will have their voting rights automatically restored after they’ve finished their sentences (including parole, probation, restitution and other court-ordered actions) and have no pending charges. The qualifying non-violent convictions currently range from bank or welfare fraud to breaking and entering without a weapon and DUI. Drug possession is also considered non-violent as long as there was no conviction of intent to distribute. In short, if money, property or an identity was stolen and no one was hurt or killed in the process, chances are the ex-felon can have his civil rights restored. This will make Virginia one of 20 states that restore voting rights after the term of their incarceration (including parole and probation) has been served. It’s estimated that 350,000 Virginians have been convicted of felonies, including non-violent offenses. Virginia is one of only four states that require ex-felons to file a petition to restore their voting rights. The new law only applies to non-violent felony convictions. All others must still use the petition process.

Virginia: Up to 10,000 eligible felons may get voting rights back | HamptonRoads.com

If all goes according to plan, Gov. Bob McDonnell’s administration projects that over six months, it can restore voting rights to one in 10 eligible people who lost them to nonviolent felony convictions. That bold undertaking, which could benefit 10,000 of an estimated 100,000 nonviolent felons who’ve completed their terms, is not without its challenges, though. Chief among them is locating scores of Virginians who forfeited their rights to vote, a task complicated by a system of spotty electronic state records that go back only to 1995. Because there is no comprehensive database, the state is counting on partner advocacy groups to help route people to them.

Virginia: A bid to restore rights to nonviolent felons | Associated Press

The door opened Monday for tens of thousands of nonviolent felons in Virginia to regain the right to vote, with state officials outlining the steps each will have to take to recapture their basic civil rights. Gov. Bob McDonnell has said up to 100,000 disenfranchised felons ultimately could be added to the voter rolls, serve on a jury or hold political office. “For past offenders, our goal is to grant civil rights back to as many as possible,” McDonnell said in a statement. “This is the right thing to do for all Virginians to help make the commonwealth a safer and better place.” A former prosecutor and attorney general, McDonnell said offering past offenders to opportunity to resume their lives as productive citizens, “we can better keep them from committing another crime and returning to prison.” He called that step a move to thwart “prison expansion” and to promote “smart government.”

Virginia: Details on nonviolent felons’ rights plan due today | Richmond Times Dispatch

Some of the advocates who cheered Gov. Bob McDonnell’s announcement in May that he would automatically restore the voting rights of nonviolent felons are now concerned that the initiative might not have as big an impact as they thought — at least not right away. Others say they’re just happy that progress is being made. Administration officials are expected to announce details of the program today, the day it takes effect. McDonnell originally said that about 100,000 disenfranchised felons might be added to the voter rolls, but advocates for civil rights and inmates are bracing for the likelihood that only a fraction of that pool will have their rights restored in time for the November election. “People are concerned the reality is not going to match the rhetoric,” said Claire Guthrie Gastañaga, executive director of the ACLU of Virginia.

Virginia: Advocates worry about Virginia’s new program to restore voting rights to felons | The Washington Post

With a week left until Virginia has to determine how it will restore the voting rights of certain nonviolent felons, some advocates helping to shape the program are concerned about how the new policy will work. Gov. Robert F. McDonnell (R) announced in late May that he would waive the waiting period and automatically restore the voting rights of nonviolent felons who have completed their sentences and satisfied certain conditions. Grass-roots groups working with the McDonnell administration to streamline the process have spent weeks wrestling with details such as how to determine who will qualify, how to find the thousands who could be eligible, and whether felons should be required to pay outstanding fines before they can regain voting rights.

Kentucky: Advocates seeking return of felons’ right to vote | Cincinnati.com

Shawnika Gill won’t get a chance to vote in the State of Kentucky unless the governor says she can. That’s because Kentucky has one of the most restrictive laws in the country for felons who want their right to vote restored and is one of only four states that requires the governor to sign off on the person’s application. But a group of political activists and those who work with felons have pushed in recent years for a change in the law and hope to gain traction with the new Senate leadership this year. Gill, 37, of Covington said a felony burglary conviction in 1996 at the age of 20 has kept her from the ballot box in Kentucky, even 10 years after she got out of prison. She said she feels she did her time. “I feel like I pay my taxes like everybody else and want to speak on things that are going on, especially gay marriage and things,” Gill said. “I want to marry my mate. I want to be able to put her on my income tax.”

Virginia: State Faces Hurdles After Restoring Voting Rights to Felons | New America Media

Darrell Gooden wanted to vote in the historic 2008 election, but he couldn’t because he was released from prison the year before and needed to wait two years before applying to reinstate his voting rights, under Virginia law. Last week, the state’s Republican Governor Robert McDonnell announced a policy to automatically restore voting rights for nonviolent felons who have served their time. “All of a sudden, I feel like I’m a U.S. citizen again,” said Gooden, 40, who was convicted of marijuana and cocaine possession in 2002 and served nearly five years in prison. “I can’t believe this is really happening.” Virginia had been one of four states, including Iowa, Florida and Kentucky, where voting rights were not automatically restored once a felon completed his or her prison time, parole or probation.

Editorials: Restoring the Vote in Virginia | New York Times

Gov. Bob McDonnell of Virginia enlarged democracy on Wednesday when he announced an order requiring the automatic restoration of voting rights for nonviolent offenders who have historically had to fight through a bureaucratic maze to gain access to the polls. Governor McDonnell’s order, which could cover more than 100,000 people, reflects a growing awareness that disenfranchisement serves no rehabilitative purpose — and may, in fact, contribute to further criminal behavior by forcing former offenders to the margins of society. In all, nearly six million Americans — about 2.5 percent of the voting-age population — are barred from voting by a confusing patchwork of state laws that strip convicted felons of the right to vote, often temporarily, but sometimes for life. Nearly two dozen states have softened their disenfranchisement policies since the late 1990s, with several states repealing or scaling back lifetime bans.

Editorials: Restoring voting rights to Virginia felons | The Washington Post

Gov. Robert F. McDonnell (R) nudged Virginia into the 21st century Wednesday by decreeing a new system to restore voting rights automatically to nonviolent felons who have paid their debt to society. The governor’s move is courageous and consequential: In time — more time than many would like — it should enfranchise tens of thousands of ex-convicts, most of whom would otherwise be frozen out of elections indefinitely. Mr. McDonnell’s move does not solve the entire problem. It excludes those convicted of violent felonies, including some drug crimes. At least 40 percent of the estimated 300,000 to 400,000 felons, plus several thousand released from prison each year, will remain ineligible to vote unless they undergo a lengthy waiting period and submit a complex application. In practice, few do so.

Virginia: McDonnell to speed rights process for nonviolent felons | Richmond Times Dispatch

Gov. Bob McDonnell today will announce that he is automatically restoring the voting rights of nonviolent felons on an individual basis. The sweeping administrative action – while not an instantaneous blanket restoration – is as far as the governor can go within current Virginia law, administration officials said. The change, effective July 15, removes the application process for nonviolent felons. Once the administration verifies a nonviolent felon has paid his debt to society, the governor will send the individual a letter restoring his rights.

Virginia: Panel announces findings on restoring voting rights of former felons | The Washington Post

A Virginia committee announced options Tuesday for streamlining the restoration of former felons’ voting rights, including actions the governor and legislature could take now to advance the process. The possibilities, the committee said, include recruiting ex-felons who have not applied for restoration, partnering with private groups to expedite applications and creating a state agency to speed up the review and approval process. Under the Virginia Constitution, the only way for felons to regain their voting rights is to seek restoration, in writing, from the governor. Attempts to amend the constitution to make the process automatic have proved unsuccessful for more than 30 years. Voting rights and civil rights advocates have called on Gov. Robert F. McDonnell (R) and other governors to restore the rights of some former felons automatically through executive order.

Virginia: Cuccinelli says McDonnell can’t use executive order to restore voting rights | Daily Press

Attorney General Ken Cuccinelli said Tuesday that the governor cannot automatically restore voting rights to felons who have completed their sentences by issuing an executive order, but there are ways to streamline the process. Cuccinelli released a report from an advisory committee he set up in March to look at the issue. He created the committee following the defeat of measures in the General Assembly last session designed to put a constitutional amendment on the ballot that would automatically restore the voting rights of nonviolent felons. Both Gov. Bob McDonnell and Cuccinelli, who is the Republican candidate for governor, threw their support behind a constitutional amendment to automatically restore voting rights to nonviolent felons this year. Following the defeat of those measures, advocates for rights restoration called on McDonnell to issue an executive order to deal with the problem.

Editorials: North Carolina bill prolongs unfair disenfranchisement of ex-felons | Charlotte Observer

Proponents of felony disenfranchisement laws tell us these laws are only an extension of the justice system. People like Hans A. von Spakovsky, of the conservative Heritage Foundation, say that people with former felony offenses must prove themselves and that the right to vote should not be a “freebie.” But what the rhetoric does not mention is that felony disenfranchisement is not about crimes or justice, it is about suppressing the right to vote, particularly for African-American males. History tells the story. During the Reconstruction Era the black electorate expanded. Freedmen were voting at higher rates and the color of elected officials was shifting.

Virginia: McDonnell streamlines restoration of rights for nonviolent felons | Daily Press

Gov. Bob McDonnell announced Wednesday that he will automatically restore the voting rights of nonviolent felons who have completed their sentences on an individual basis by doing away with the “subjective” application process. McDonnell streamlined the process of rights restoration when he took office in 2010, and has restored the rights of more than 4,800 felons – the most of any governor. In January he threw his support behind a measure to put a constitutional amendment to the voters that would have automatically restored voting rights to nonviolent felons, which failed in the House of Delegates. “We all are human beings,” said McDonnell who was flanked by a bipartisan group of lawmakers and Benjamin Jealous, the president of the national NAACP at the Cedar St. Baptist Church of God in Richmond. “Cloaked in our human frailty there are mistakes that are made. But once those dues are fully paid, there is going to be a clear avenue to reintegrate – with your full dignity – fully back into society.” McDonnell’s policy change comes a day after Attorney General Ken Cuccinelli issued a report that said the governor could not offer a blanket automatic restoration of rights, but could broaden rights restoration on an individual basis.

Kentucky: North Kentuckians debate restoring felons’ right to vote | Cinncinnati.com

Restoring the voting rights to felons ranked among the reforms some Northern Kentuckians would like to see Kentucky Secretary of State Alison Lundergan Grimes advocate for. Dozens of Northern Kentuckians Wednesday night at Dixie Heights High School told Grimes what they like and dislike about Kentucky’s voting laws. Grimes vistied Northern Kentucky as part of five town halls she will conduct around the state this year to get input on voting laws. Many wore stickers made by advocacy organization Kentuckians for the Commonwealth that read “I voted but 243,842 Kentuckians could not. Restore voting rights to former felons.” A majority of the the 121 people polled online by the Scripps Howard Center for Civic Engagement at Northern Kentucky University–56 percent–”strongly” agreed with restoring voting rights to felons, while another 24 percent “somewhat” agreed. But Kentucky remains one of four states that requires a gubernatorial pardon to restore voting rights.

National: Congressmen Seek Constitutional Guarantee of the Right to Vote | The Nation

Supreme Court Justice Antonin Scalia made a point of emphasizing during the Bush v. Gore arguments in December 2000 that there is no federal constitutional guarantee of a right to vote for president. Scalia was right. Indeed, as the reform group FairVote reminds us, “Because there is no right to vote in the U.S. Constitution, individual states set their own electoral policies and procedures. This leads to confusing and sometimes contradictory policies regarding ballot design, polling hours, voting equipment, voter registration requirements, and ex-felon voting rights. As a result, our electoral system is divided into 50 states, more than 3,000 counties and approximately 13,000 voting districts, all separate and unequal.” Mark Pocan and Keith Ellison want to do something about that. The two congressmen, both former state legislators with long histories of engagement with voting-rights issues, on Monday unveiled a proposal to explicitly guarantee the right to vote in the Constitution.

National: Why Mark Pocan wants constitutionally guaranteed right to vote | Capital Times

Supreme Court Justice Antonin Scalia made a point of emphasizing during the Bush v. Gore arguments in December 2000 that there is no federal constitutional guarantee of a right to vote for president. He was right about that. Indeed, as the reform group FairVote reminds us: “Because there is no right to vote in the U.S. Constitution, individual states set their own electoral policies and procedures. This leads to confusing and sometimes contradictory policies regarding ballot design, polling hours, voting equipment, voter registration requirements, and ex-felon voting rights. As a result, our electoral system is divided into 50 states, more than 3,000 counties and approximately 13,000 voting districts, all separate and unequal.” Mark Pocan wants to do something about that. With Minnesota Congressmen Keith Ellison — who like Pocan is a former state legislator with a long history of engagement with voting rights issues — the Wisconsin Democrat on Monday unveiled an amendment to explicitly guarantee the right to vote in the Constitution.

Delaware: State legislature amends Constitution regarding felons’ rights to vote | The Review

Delaware Representative Helene Keeley (D-3) traveled to Iraq in 2009 to oversee elections there. The joy she saw in the people with purple ink dotted on their thumbs and the violent lengths people went to in order to intimidate would-be voters were enough to show her that voting should be a universal right, she said. The next year, Delaware state representative and longtime proponent of voters’ rights Hazel Plant fell ill. Knowing she had little time left, Keeley said Plant asked her to take up the cause of her and her late husband, Rep. Al Plant, to secure immediate suffrage for felons who served their time.

North Carolina: State senator proposes 5-year waiting period for ex-felons seeking to vote | Charlotte Observer

People convicted of felonies who have paid their debts to society in North Carolina would no longer automatically get back the right to vote under the Senate’s version of the voter ID bill. The bill would require people convicted of felony crimes to wait five years upon completing their sentence, probation or parole before they could attempt to re-register to vote. First, though, they would have to get affidavits from two registered voters attesting to their “upstanding moral character” and get the unanimous approval of their local board of elections.

Delaware: Voting rights restored to ex-felons | NewsWorks

Following a 15-6 vote in the Delaware Senate, it looks like the state will amend its constitution and restore voting rights to non-violent offenders who have completed their sentences. The governor is expected to sign the Hazel D. Plant Voter Restoration Act into law, culminating a two-year legislative process requiring passage in two consecutive General Assemblies for any type of constitutional change.

Delaware: Senate approves felon voting rights legislation | Newszap

With a 15-6 vote, Delaware’s Senate passed landmark legislation that would restore voting rights to certain non-violent felons who have completed their sentences. House Bill 10, sponsored by Rep. Helene M. Keeley, D-Wilmington South, a two-year constitutional amendment, would amend the state constitution by eliminating the standard five-year waiting period before felons are restored voting rights. The bill would not apply to individuals who have been convicted of crimes such as murder, felony sex offenses or felony crimes against public administration, such as bribery.

Virginia: Groups want McDonnell to issue executive order on restoration of rights | Daily Press

Gov. Bob McDonnell used this year’s State of the Commonwealth address to throw his support behind legislative efforts to automatically restore voting rights to nonviolent felons who have paid their debt to society. Those measures to put a constitutional amendment before voters were stopped in a House of Delegates subcommittee during the General Assembly session. Two voting rights groups are now calling on McDonnell to issue an executive order restoring voting rights to all felons who have served their full sentences. McDonnell has streamlined the current process, where felons must petition the governor directly, and restored the rights of more than 4,400 felons – more than any of his predecessors.

Virginia: Ex-Felons Seek Greater Voting Rights In Virginia | NewsOne

Michael Edwards, a community leader in southern Virginia, spent eight years in prison for a marijuana-trafficking conviction in the 1970s. But he said he feels like he was punished for more than 30 years — the time it took for him to regain his voting rights in Virginia. That won’t happen to any other ex-felons in Virginia if a group of civil rights organizations are successful in their campaign to push Gov. Robert McDonnell to provide an easier path to voting for ex-felons who have served their time. “These people live and work and pay taxes but don’t have a voice on this issue,” said Edgardo Cortes of the Advancement Project, a voting rights group based in Washington, D.C., during a national telephone press conference Wednesday. “The governor has shown leadership on this issue but now is the time for him to take additional action.”

Virginia: Cuccinelli appoints commission to streamline felony voting rights restoration | Daily Press

Attorney General Ken Cuccinelli and Gov. Bob McDonnell made some gains in their recent quest to put the state on a path to restoring the right to vote to non-violent convicted felons who have served their sentences. But the General Assembly — actually, a single subcommittee in the House of Delegates — killed the effort to begin to amend the Virginia constitution to allow for voter rights restoration. As of now, the state constitution forever bars convicted felons of the right to vote unless the governor grants them a waiver. This week, Cuccinelli announced the creation of a bipartisan “Attorney General’s Rights Restoration Advisory Committee” to examine what alternatives may be available within the framework of the state’s constitution to better restore voting rights to nonviolent felons who have completed their sentences. “Many of those who helped found Virginia came to the New World for a second chance,” Cuccinelli proclaimed in a press release. “Forgiveness and redemption are fundamental values of all great religions and all great societies.”

Delaware: House Approves Easing Voting Restrictions on Felons | WBOC

The state House has approved a proposed constitutional amendment to make it easier for convicted felons in Delaware to vote. The measure was approved on a 32-9 vote Tuesday with virtually no debate and now goes to the Senate for final approval. It cleared the previous legislative session but must pass two consecutive sessions of the General Assembly. The amendment would eliminate the 5-year waiting period before eligible felons who have completed their sentences can have their voting rights restored.

Virginia: Cuccinelli creates voting rights restoration panel | HamptonRoads.com

Attorney General Ken Cuccinelli is looking for a legal work-around to restore voting rights to certain non-violents felons after the weight Gov. Bob McDonnell and he threw behind the cause was insufficient to get legislation to do that through the General Assembly. Cuccinelli, the Republican nominee for governor this year, Tuesday announced he’s establishing a committee to examine alternate ways under current law to restore rights to eligible ex-offenders who completed all terms of their sentences. “There are many people in our communities who have committed certain low-level, nonviolent offenses in the past, paid their debts to society, and then gone on to live law-abiding lives” he said in a statement about his Rights Restoration Advisory Committee.

Kentucky: Push to Restore Voting Rights in Kentucky | Public News Service

Convicted felons in Kentucky are not guaranteed to get their voting rights back once they’ve come off parole or probation. A bill (HB70) proposing a constitutional amendment to restore that right to most ex-felons is now before the state Senate. It’s an idea the House has approved six straight years, but the bill has always died in the Senate. According to former felon Damon Horton, that’s keeping more than a quarter-million Kentuckians from having the chance to vote.