Voting with a Felony Conviction: The Curious Case of the Commonwealth
Can you vote if you have a felony conviction? As is the case with most everything in the world of pardon and rights restoration, “it depends.” Each state does things a bit differently, and the state in which you were convicted has its own rules about the eligibility of felons to vote. In Maine, Puerto Rico, Vermont, and Washington D.C., a criminal conviction never restricts your voting rights. You can vote even if you are incarcerated. In many other states, my home state of Georgia, for instance, your voting rights will be automatically restored when you’ve completed your sentence, are off paper, and have paid any restitution due. While your state might automatically restore your voting rights, you’ll likely have to re-register, so that’s an important thing to check before heading to the polls.
But- Virginia’s kind of weird. I love Virginia. I lived there for many years, and I still visit often. But, I’ll say it again: Virginia’s kind of weird. For one, it’s a commonwealth, and not a state. Hence, Virginia does not have a Secretary of State, but a Secretary of the Commonwealth, and the Secretary of the Commonwealth plays a large part in the restoration of voting rights for Virginians with felony convictions in the Virginia.
Virginia is the only state (though yes, it’s a commonwealth!) in the country where where the Governor must restore your civil rights individually. This includes your rights to vote, serve as a notary public, serve on a jury, or run for office. The restoration of firearms rights in Virginia is a different process, and one which I’ll cover in a future blog post. If you’ve completed your sentence and are off paper, you need to petition to the office of the Secretary of the Commonwealth to have your civil rights restored. Then, the Governor will review your petition and make a decision, yea or nay.
This process has been getting a lot of press lately. See here and here. The number of folks who have had their voting rights restored has been declining over the past three years under Governor Youngkin (R). Hopefully, the number of eyes on this story will lead to some good conversation that will lead to good legislation that brings enfranchisement to more Virginians.
The good news is this: If you are ever looking for assistance with petitioning for pardon and rights restoration in Virginia and beyond, Adam Pardon is here to help. I am not an attorney, and neither myself nor this blog over legal advice. What we do offer is years of experience in the world of pardons and rights restoration and a passion for helping open doors of opportunity for folks who’ve made mistakes in the past. Interested in talking about your particular situation? Let me know!
