Virginia’s top court rules against move to restore felons’ voting rights

When it was announced in April, Republicans who went on to file a lawsuit lambasted the executive order, claiming that including violent crimes with less serious offenses will offer murderers and rapists the right to vote, serve on juries, hold public office, and notarize documents, the Inquisitr previously detailed.

In a 60-plus page decision, the Virginia Supreme court “respectfully disagreed” with the governor’s assertion that his clemency power in the matter was “absolute”.

The ruling indicates that anyone who got their voting rights back due to the executive order will need to be removed from the voting rolls.

Previous governors have eased the process for felons to apply to have their voting rights restored with case-by-case review. Republican Gov. Bob McDonnell in 2013 issued an executive order making it easier for nonviolent felons to regain their voting rights.

Chief Justice Donald Lemons issued the majority opinion, which said that Mr. McAuliffe’s executive orders had revised a section of the state constitution. Virginia is one of just 11 states that requires individual exemptions in order for ex-offenders to vote, according to the Brennan Center for Justice.

By August 25, 2016, the court ordered that registration of all voters convicted of a felony who registered under Executive Orders issued on April 22, 2016, May 31, 2016, and June 24, 2016 will be cancelled.

Because the matter was decided by the state’s highest court, McAuliffe has no option to appeal.

His move was an end-run around the Republican-controlled legislature, and the leaders of the state house and senate immediately sued.

McAuliffe insisted that his action was the “morally right thing to do”.

“The governor granted former felons their [voting] rights and we want to be part of that”, said Karen Kimball, a member of the Arlington chapter of the League of Women Voters. “The Supreme Court’s order makes it clear that the Constitution of Virginia, not personal policy preference, rules in Virginia”. McAuliffe spokesman Brian Coy said the list was a work in progress and would be provided to the General Assembly next year.

Under McAuliffe’s order, the restoration of rights only extended to felons who have finished serving their terms – anyone in prison, or on supervised probation or parole, was still barred from voting.