A step forward on voting rights

Virginia is one of two states (Kentucky is the other) that permanently disenfranchises all felons by leaving the restoration process to the discretion of the governor. This week, Governor Bob McDonnell announced new, more streamlined steps for convicted felons to apply for restoration of their voting rights. Among the changes - the waiting period for nonviolent offenders has been reduced from three years to two and the processing time reduced to 60 days. While this announcement does not guarantee that the Commonwealth has eliminated the last vestiges of Jim Crow, it is clearly a step in a more enlightened direction.

CCC had been critical of then governor-elect McDonnell writing in December, "There ain't a snowball's chance in Hell the next governor will give a tinker's damn about this issue...." The governor, while still dancing on his right foot, has shown some flexibility on issues, especially when moderates and progressives get in his face and take issues to the people. Governor McDonnell is to be commended for opening a new discussion on voting rights.

That conversation now needs to move to the General Assembly. "It's a significant first step," Delegate Onzlee Ware (D-Roanoke) said. "It falls short, quite frankly, of the bill we want to see passed, but it's a step." Ware and others support amending the Virginia Constitution to make restoration of voting rights automatic following an administrative process.

With conservative Republicans in control of the House of Delegates, passage will have to navigate more potholes than I do on our gravel road. Perhaps Governor McDonnell is counting on that - he can look moderate and reasonable while relying on allies to axe the more significant reforms. It is up to we the people to keep up the pressure on legislators. Write your delegate and senator. Join with the ACLU of Virginia, The Sentencing Project, and The Virginia Interfaith Center to spread the word. Progress occurs when people stand up and speak out.

Student Voting Rights Explained

Yesterday the ACLU of Virginia reminded hundred of organizations at 33 college campuses of the new Virginia Board of Elections guidelines that clarify students' right to register where they go to school. Registrations cannot be denied because they list a dorm address or because the student does not intend to stay in that locality after graduation. In brief, the regulations provide:

• A dorm or apartment may be used as a permanent address.
• A student may be domiciled in the college town even though he/she does not intend to remain after graduation.
• A registration application may be delayed if the student lists voting and mailing addresses in different localities.
• A student who wishes to vote in his/her hometown may file the registration application in the locality of the college.

For all the details, see the ACLU's Notice to Virginia College Students.

Election Day is November 3. The last day to register to vote in Virginia is October 5. More information is at the State Board of Elections.

Court clucks

Do bloggers have the same rights as a journalist in the MSM? Can the blogger be forced to hand over his notes and sources or identify people who post anonymously on the blog?

Public Citizen, the Thomas Jefferson Center for the Protection of Free Expression, and the American Civil Liberties Union of Virginia say YES, the blogger enjoys the same rights, and NO, the blogger cannot be forced to reveal sources or the identity of posters. The three organizations filed suit on March 6 to back up those views.

The case involves Waldo Jaquith whose blog, cvillenews.com, commented about a defamation lawsuit filed against The HooK by Thomas Garrett, a local author and "Hollywood publicist." Garrett then subpoenaed Jaquith and cvillenews.com seeking information about anyone who posted on, or even visited, the blog entry. He also demanded any other information Jaquith had relating to the story.

The lawsuit argues that the United States Constitution protects the freedom of expression of a solitary individual on the courthouse steps just as it does for newspapers or other MSM. Paul Levy of Public Citizen noted: 

Bloggers such as Jaquith may not be 'traditional' journalists, but they play an integral part in the way people get their news today."

The brief also argues that the First Amendment protects anonymous comments. Kent Willis of the ACLU of Virginia summed it up nicely:

"If this subpoena is allowed to stand, bloggers will have to look over their shoulders whenever they express their opinions on a pending lawsuit. The chilling effect on free speech on the Internet could be devastating."

The world of the media is changing - traditional print newspapers are shrinking or totally stopping the presses. Increasingly Americans get news online at blogs or websites of traditional media sources. A blog can be a simple personal diary with infrequent postings and few visitors. Or, it can have multiple daily postings with hard news (often missed in the MSM) and riveting opinion. Some better known blogs rival the readership of many newspapers. Even small town newspapers have an online edition with a blog. This new citizen-journalism deserves the same constitutional protections as The Recorder, which serves Bath and Highland counties, or the New York Times which serves the world. Our democracy demands it!