Voting Rights Restoration Efforts in Virginia

A summary of current felony disenfranchisement policies and legislative advocacy in Virginia.

June 11, 2017

Virginia is one of four states whose constitution permanently disenfranchises citizens with past felony convictions, but grants the state’s governor the authority to restore voting rights. After a July 2016 Virginia Supreme Court decision invalidated an executive order restoring voting rights to over 200,000 citizens, the state’s governor announced his plan to issue individual restorations for citizens who have completed the terms of their sentence, including probation and parole. 

In April 2017, Gov. Terry McAuliffe announced that he had restored voting rights to over 156,000 citizens.

Recent Developments

Virginia’s disenfranchisement provision dates to the nineteenth century, and advocates have worked for a number of years to urge Virginia governors to exercise their executive authority to restore voting rights. The Brennan Center was among those who urged to Governors Mark Warner (2005), Tim Kaine (2009), and Robert McDonnell (2010) to do so.

Rights restoration gained momentum in 2013, when then-Gov. McDonnell ended Virginia’s policy of the permanently disenfranchising all citizens with felony convictions. His action automated rights restoration for people completing sentences (including payment of any fines, fees, and restitution) for convictions classified as non-violent, though it required that each person receive an individualized rights restoration certificate before registering to vote.

In April 2014, Gov. Terry McAuliffe announced that he would further streamline the restoration process introduced by his predecessor. The policy change broadened the category of people who automatically received their right to vote upon the completion of their sentence, and also shortened the waiting period for others to apply for rights restoration from five to three years following the completion of their sentence. In June 2015, Gov. McAuliffe removed the requirement that citizens fully pay court costs and fees in order to have their voting rights restored.

In April 2016, Gov. McAuliffe issued an executive order restoring voting rights to Virginians with felony convictions who, as of that date, had completed the terms of their incarceration and any period of supervised release (probation or parole). He issued similar orders in May and June.These orders were challenged in court, and in July 2016, the Virginia Supreme Court ruled in Howell v. McAuliffe that they violated the state constitution.

In August 2016, Gov. McAuliffe announced that his office will issue restoration orders on an individual basis to Virginians with completed sentences, starting with the approximately 13,000 citizens who had their voter registrations cancelled in the wake of the Howell decision. The governor also announced that, going forward, the Secretary of the Commonwealth will identify individuals with completed sentences, starting with individuals who have been released from supervision the longest. The Secretary will then recommend individuals for rights restoration on a rolling basis to the Governor for his final approval. Individuals may also receive an expedited restoration order by applying directly to the Secretary’s Office online or by mail. According to the announcement, the Secretary will announce citizens that received an individualized restoration order on a monthly basis.

Materials on 2016 Executive Orders and Howell v. McAuliffe Case

Brennan Center Coverage

Press

Brennan Center Publications

  • Restoring the Right to Vote, Erika Wood (2009)
    • The Brennan Center’s policy proposal for restoring voting rights for citizens with past criminal convictions.
  • My First Vote (2009)
    • Testimonials of individuals who regained their voting rights after being disenfranchised because of past criminal convictions.
  • De Facto Disenfranchisement, Erika Wood & Rachel Bloom (2008)
    • A report on how complex laws, poorly informed officials, and misinformation lead to the de facto disenfranchisement of citizens with past criminal convictions who are eligible to vote.
  • Racism & Felony Disenfranchisement: An Intertwined History, Erin Kelley (2017)
    • A piece examining the historical roots of criminal disenfranchisement laws that today strip voting rights from millions of U.S. citizens.

For more information about the Brennan Center’s work on Restoring Voting Rights in Virginia, please contact Makeda Yohannes, at makeda.yohannes@nyu.edu.