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.

Governor Kaine: Do the Right Thing

The clock is ticking for Governor Tim Kaine to do the right thing - restore voting rights for to thousands, no make that hundreds of thousands, of individuals who were disenfranchised for a felony conviction, but they have done their time and are now tax paying and responsible citizens.

As stated in a prior post, Virginia joins only Kentucky with a hundred year-old Jim Crow mindset that makes restoration of voting rights for ex-offenders extremely difficult. Governor Kaine can move Virginia forward by an executive order restoring voting rights for former felons and creating a fair and reasonable process for restoring voting rights for others as they complete their sentences.

There ain't a snowball's chance in Hell the next governor will give a tinker's damn about this issue - so now is the time to urge Governor Kaine to act. It is easy to do... the email is even composed for you (of course, you can edit or write your own) to let Governor Tim Kaine know that now is the time to issue an executive order restoring voting rights to all or most of the 300,000 Virginians who have lost their voice in our democracy.

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.

Virginia's 1902 mindset

It is past time for a change in Virginia laws concerning restoration of civic rights of felons. Most states automatically restore the rights of felons after they have served their time, finished probation, and paid fines and court costs. It is a civilized view - once a person has paid for their crime and become a productive member of society, he/she should be a full member of the community and government.

Virginia joins Kentucky as one of the two most restrictive states in the nation when it comes to restoring rights of felons. Both states prohibit felons from serving on juries, running for public office, or voting - for life - unless the governor restores the rights following a complicated petition process. Governor Mark Warner streamlined the process, but the final decision rests on the discretion of one person - the governor - and can vary widely depending on who is in office.

Governor Tim Kaine, believing felons who remain crime-free after conditions of their sentence have been completed, has restored civic rights to 3,598 felons. That's the most since at least the 1930s when records were first kept. Of course, right wing conspiracy nuts think this was done only to help Barack Obama carry the Old Dominion - the first Democrat do win the state's electoral votes since 1964.

Virginia's laws go back to the days of Jim Crow when it was seen as a way to disenfranchise blacks. During the debate on the 1902 Virginia Constitution, Delegate Carter Glass exclaimed:

This plan will eliminate the darkey as a political factor in this state in less than five years, so that in no single county... will there be the least concern felt for the complete supremacy of the white race in the affairs of government.

The Commonwealth's restrictive laws treat all felons as if they had committed treason - which should be the only crime for which a person should be permanently barred from civic participation.

Since 1998, nineteen states have reformed their laws on restoration of felons' rights. It is time for the Commonwealth of Virginia to join them. After completing all the terms of the sentence felons should automatically be eligible to register and vote, to serve on juries, and to hold public office. That decision should not be a burden on, or left to the whims of, the person in the Executive Mansion. Virginia's archaic laws on the rights of former felons are degrading, dehumanizing, and counterproductive. This issue should be addressed by the 2010 General Assembly.

For more information visit The Sentencing Project.

Democracy and elections II

Two bills that encourage greater voter participation are moving forward in the Virginia General Assembly. 

HJ 628 (Ware) would restore voting rights for non-violent felons who have completed their sentences. It passed the House Privileges & Elections' Constitutional subcommittee by a vote of 4-3 and is now before the full Privileges & Elections Committee. Contact committee members and urge them to support restoration of voting rights! More info at CCC.

SB 810 (Howell) early allows voters to vote absentee in-person without providing a reason. It will probably come before the Senate next week. Contact your Senator to support SB 810. More info at CCC.

Elections and democracy

Free speech at the polls? Remember the controversy about political apparel at polling places last November? It was a First Amendment issue that led to a lawsuit by three Virginia free-speech organizations. On Wednesday, Jan. 21 at 5:00 PM the House Privileges & Elections, Campaign Finance Subcommittee will take up HB 1610 and HB 1643. These bills permit individuals to wear buttons or items of apparel that contain a political candidate's name or a political slogan at polling places. Contact members to express your support for free speech. Delegate Landes represents Waynesboro and parts of Augusta, Rockingham, and Albemarle.

• O'Bannon (chairman)
• Hargrove
• Landes
• Janis
• Joannou
• Sickles

Early birds. Yesterday, the Senate Committee on Privileges and Elections approved a bill that will allow voters to cast ballots before Election Day without providing a specific reason. More than half the states have early voting processes and 321,000 Virginians cast absentee ballots in Virginia last November, many in-person. This legislation will make it easier for individuals to vote early without meeting one of 17 specific reasons.

Supporters of the legislation include Governor Tim Kaine, the ACLU, and Nancy Rodrigues, secretary of the State Board of Elections who testified, "The reality is this is the United States of America and we can provide other alternatives." Rodrigues also noted that some voters currently "shop" for an acceptable reason forcing registrars into the difficult role of judging if it fits into one of the 17 currently allowed. 

Senator Mark Obenshain (R-Harrisonburg) voted against the bill citing "the integrity of the system." We'll probably hear more of that Republican sound bite if the bill makes it to the House of Delegates. They have already killed a similar bill and have shown little inclination to make voting more accessible.

Expanding democracy in Virginia

It is long past time for Virginia to end the unreasonable disenfranchisement of felons who have served their time. The Jim Crow era law is one of the most punitive in the nation making restoration of a convicted felon's voting rights extremely difficult. Only Virginia and Kentucky permanently take voting rights from every individual convicted of a felony. Currently, over 300,000 are disenfranchised under Virginia law. Two states, Vermont and Maine, never take away voting rights. Thirty eight states currently restore voting rights to former felons on completion of jail time and parole or probation. Eight others restore voting rights to most felons, excluding only those who are convicted of the most heinous crimes.

Early on the morning of January 19, a subcommittee of the House Privileges and Elections committee will consider several constitutional amendments to modify Virginia law on restoration of voting rights. Three resolutions - HJ 623 (Dance), HJ 664 (Morrissey), and HJ 677 (BaCote) would restore voting rights to all former felons. Two others - HJ 628 (Ware) and HJ 656 (Tyler) would restore rights only to those convicted of nonviolent felonies. More info on the bills can be found on Richmond Sunlight.

Making Virginia law more fair and more democratic is an ongoing process. It is time to end permanent disenfranchisement. Convicted felons who have served their time and been punished for their crime should be encouraged, rather than discouraged, to become participating members of their community. It is good for them, good for our communities, and good for democracy.

Learn more about the current Virginia law and how you can help make our commonwealth more democratic. You'll have to act fast to contact members of the Constitutional Subcommittee before their meeting on Monday. The members, linked to their contact info, are:

• William Janis (Chair)
• Lacey Putney
• Frank Hargrove
• John Cosgrove
• Jeff Frederick
• Clarence Phillips
• Kenneth Alexander
• Joseph Morrissey