Virginia GOP Filing Lawsuit to Block Felons From Voting

[bemildred]

Source: AP

Virginia Republicans said Monday that they will ask the state's highest court to block more than 200,000 felons from voting in November, calling Democratic Gov. Terry McAuliffe's executive order restoring the voting rights of convicts who've served their sentences an unconstitutional abuse of power.

In a lawsuit GOP leaders are filing in the Virginia Supreme Court, they say McAuliffe violated the separation of powers by effectively suspending the state's ban on voting by felons. The GOP argues that McAuliffe is ignoring decades of practice, which has made clear that governors can restore voting rights only on a case-by-case basis.

"The requirement that the Governor restore political rights on an individualized basis is not a mere formality," they write in their lawsuit. "Rather, it is itself a component of the separation of powers. When the Chief Executive must dispense clemency on a case-by-case basis, the public and the coordinate branches may hold him accountable for his choices in the political arena."

The lawsuit is being filed by House Speaker William Howell and Senate Majority Leader Thomas Norment along with four other Virginia voters. They said they plan to file the petition Monday after providing notice to McAuliffe and the other respondents.

Read more: http://abcnews.go.com/US/wireStory/virginia-gop-filing-lawsuit-block-felons-voting-39307341

[Press Virginia]

1. McAuliffe overstepped his authority on this one.

and it doesn't help that he waited until the assembly session ended before he made his proclamation

[bemildred]

2. Their argument is spurious, McAuliffe can be held accountable just fine either way.

If the offense is so egregious, there should be no trouble for the Pubbies to make their case to the public, and the public will have no trouble voting him out, in just a few months. These weasels just have no better argument so they chose to obfuscate the issue instead.

[Press Virginia]

3. VA Gubanatorial elections are in 2018

Article V. Executive
Section 12. Executive clemency
The Governor shall have power to remit fines and penalties under such rules and regulations as may be prescribed by law; to grant reprieves and pardons after conviction except when the prosecution has been carried on by the House of Delegates; to remove political disabilities consequent upon conviction for offenses committed prior or subsequent to the adoption of this Constitution; and to commute capital punishment.
He shall communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same.

[bemildred]

4. A few months, but they can impeach him any time they get the votes.

Which they will not get. Which is why the lawsuit, they fear defeat in the coming election, and they think taking away felons voting rights is a way to protect themselves.

When people are not allowed to vote, they are not represented, "taxation without representation" becomes applied to them. I oppose taxation without representation, so I think all citizens should always be allowed to vote.

[TeddyR]

5. I personally don't oppose taking away the voting rights of felons

Just like I don't oppose taking away a felon's right to own a firearm.

[bemildred]

7. Read what you posted:

He shall communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same.

McAulifffe is not rescinding any punishment, they pay their debt are are released, that's when they get the vote back, as they should. The whining about them not being punished as specified is bullshit. What they are whining about is people getting the vote back after serving their term.

[mahatmakanejeeves]

11. What they're whining about is the way in which McAuliffe is attempting to accomplish this.

Restoration of voting rights enjoys bipartisan support in Virginia. There are differences in the details.

Here:

About 200,000 convicted felons in Virginia will now have the right to vote in November

[bemildred]

17. What do you think?

McDonnell is the guy they are arguing over whether he is convicted or not?

Edit: to be clear:

1.) What do you think about the voting rights issue?
2.) Is that the Gov. McDonnell that was convicted of corruption there that was working with this issue in the beginning in the link you posted?

[mahatmakanejeeves]

31. back to this....

1.) What do you think about the voting rights issue?

First, linguistics. We are talking about people who have been convicted of a felony, and who have served their time and paid off the penalties they owed. Certainly for non-violent offenders, they should have voting rights restored. That should be automatic. Governor and General Assembly need to work to get this legislation passed.

Violent ex-offenders: case-by-case?

Cuccinelli was concerned with penalty creep. That is, non-violent drug offenses were being elevated from misdemeanors to felonies. He did not like that.

2.) Is that the Gov. McDonnell that was convicted of corruption there that was working with this issue in the beginning in the link you posted?

That's the one.

[bemildred]

34. Thank you. nt

[Press Virginia]

20. Uh, they are having a penalty remitted

Until his stunt, felons were not granted the right to vote. They had to petition the governor.
He waited until the GA broke session then made his announcement.

It's an overstep.

[riversedge]

8. If a felon has done his time-and or probations--why is he further punished by not allowing him/

her to vote. ??

[Jackie Wilson Said]

30. Nixon and company targeted black folks for prison to prevent them from voting

still going on

[Proud Veteran]

36. Exactly

Have family member that has done time/probation as convicted felon. Has since earned college degrees including masters. Presently she does one on ones and group sessions with alcoholics/addicts.Think she has earned her right to vote.By the way she is entitled to vote in MI unlike VA with its archaic system.

[Press Virginia]

6. Did you not read the excerpt from the constituon

which is the basis of the suit?

The courts are where disputes between branches of government are to be decided

[mahatmakanejeeves]

9. I don't think so.

Last edited Mon May 23, 2016, 01:29 PM - Edit history (2)

Elections in Virginia

Administration

The U.S. state of Virginia holds its state general elections on the first Tuesday after the first Monday in November (better known as Election Day) in every second odd-numbered years. As a result of this, general elections in Virginia systematically follows the quadrennial United States presidential election by one year.

During general elections in Virginia, elections are held for the positions of Governor, Lieutenant Governor, Attorney General, state Senator, state Delegate, Commonwealth's attorney, Sheriff, County Clerk, and Probate Judge. Officials elected to the offices of governor, lieutenant governor, attorney general and state senator are elected for a term of two four years. All other officials are elected for a term of two years.

The next gubernatorial election will be in 2017.

[askeptic]

14. Governor etc. is for 4 years

You just have a typo there...

Virginia governors are not allowed to serve more than one term at a time and, therefore, cannot stand for reelection at the end of their term as per the 1830 state constitution. However, a former governor is permitted to run for a second term in a future election.

[mahatmakanejeeves]

26. In the original too. Won't be for long.

thanks.

[OldRedneck]

13. The particulars of each case . . .

The particulars of each case are on the website of the Secretary of the Commonwealth.

Not the Governor's problem that VA Republicans are too goddam stupid to use the 'net.
http://commonwealth.virginia.gov/judicial-system/restoration-of-rights/

[Press Virginia]

19. They weren't listed until after the GA session ended

[yellowcanine]

21. It says he can "remove political disabilities....."

Sounds like voting rights to me. And it doesn't say he cannot do it in one fell swoop for a whole group of individuals who have met certain conditions (served their sentences). He just has to communicate it to the GA at the next regular session. Reporting "the particulars of every case" is not the same as "considering on a case by case basis." There is no language to that effect. Republicans will lose this one.

[OldRedneck]

12. No, he did not "overstep his authority.

Virginia Constitution, Article V, Section 12, states that the power to “remove political disabilities…” (restore rights) is vested solely in the Governor.

Governor McDonnell (Republican) restored the voting rights of over 8,000 ex-felons during his last days in office. Governors Warner and Kaine (Democrats) restored voting rights in the same way, several thousand each.

McDonnell and Cuccinelli proposed legislation that would restore voting rights automatically upon completion of sentence, as is done in 38 other states. Virginia Republicans shot them down.

Here are a few more facts:
-- 79% of these Virginians had been convicted of non-violent offenses, mostly drug possession.
-- Those who had been convicted of a non-violent offense are to have their right to vote restored immediately (they must apply to their local registrar). Those convicted of a violent felony still must wait three years.
-- Average age: 45.9 years
-- 51.5% are white, 45.9% are African-American, 2.6% are Hispanic, Asian, Middle Eastern, or unlisted.
-- 52% of these former felons have been eligible to have their rights restored for OVER TEN YEARS. For example, over 22,000 completed their sentences OVER 20 YEARS AGO.

[Press Virginia]

18. You should read the actual text of article 12

[bemildred]

24. Section twelve.

http://law.lis.virginia.gov/constitution/article12/

[Press Virginia]

28. Yes..already posted it. Did you read it

The WHOLE thing?

[bemildred]

25. Section 12. Executive clemency

The Governor shall have power to remit fines and penalties under such rules and regulations as may be prescribed by law; to grant reprieves and pardons after conviction except when the prosecution has been carried on by the House of Delegates; to remove political disabilities consequent upon conviction for offenses committed prior or subsequent to the adoption of this Constitution; and to commute capital punishment.

He shall communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same.

[Press Virginia]

27. Read the last part

[bemildred]

29. I read it, "poiltical disability" is not mentioned.

Yet it is distinguished with its own separate clause in detailing the Gov.'s powers. And it says he can do so for any such disability before or after this Constitution is adopted, it is clearly a distinct case.

[Press Virginia]

32. Losing voting rights is a penalty.

I don't see the court siding with him on this

[bemildred]

35. No it isn't, it's a "political disability". nt

[Press Virginia]

37. Not being able to run for office is a political disability

The loss of voting and gun rights are imposed with a felony conviction.

You can be forbidden for running for office based on impeachment/removal or crimes against the moral turpitude

[bemildred]

38. Any restriction of political rights is a political disability. Voting is a political right. nt

[procon]

10. This is about ex-felons, right?

He's restoring the voting enfranchise to convicts who've served their sentences, and that's a good thing. Of course, Republicans oppose it because its unlikely that those new voters will pick them.

[KeepItReal]

15. The phase "ex-felon" is nowhere to be found. Purposefully.

These are not inmates serving time we are talking about here.

People that have served their time and are now free citizens again are what we are talking about.

Can't believe that we have people on DU against people who have received punishment for whatever offenses they committed being denied a right.

[procon]

23. I don't get it either.

It they have complied with the state's ordered punishment, then the state must restore their civil rights. Whatever their crimes, it has nothing to do with voting. This is purely a political maneuver and another Republican effort at voter suppression to retain their positions.

[Press Virginia]

33. If they were getting their gun rights back

I'm sure you would have an issue

[KeepItReal]

39. You're equating ex-felons getting access to firearms with the right to vote?

Or are you just posting stream of right wing consciousness stuff?

[Press Virginia]

40. ex felons getting gun rights back bothers you? Why? These were nonviolent offenders

surely you have no problem with a future governor, say a republican, doing the same thing, in the same manner, for felons who want guns in the state of va

[KeepItReal]

44. *Now* you introduce nonviolent vs violent ex-felons into the convo

[Press Virginia]

46. Uh noooo. We're talking about the people, whose voting rights are being restored by decree

we are assured by the governor that they are nonviolent offenders

[KeepItReal]

47. Yes, you did. Keep pumping up your post counts, though.

I'm not helping you with that any longer.

[TeddyR]

42. The Second Amendment

Explicitly protects the right to keep and bear arms, so like voting is a constitutional right, no? So do you think a felon should automatically be able to own a firearm once the sentence is served, and if not how do you distinguish the right to keep and bear arms from the right to vote?

[KeepItReal]

43. "A well regulated militia, being necessary to the security of a free state,"

Sounds to me like the Founders were talking about folks in an regulated militia, but screw that punctuation stuff, right? Commas are equal to periods.

The NRA would be proud of you, though.

[TeddyR]

49. The right to keep and bear arms

Shall not be infringed means what it says according to the Supreme Court. So I'll ask again, do you think that a right explicitly protected by the Second Amendment should be reinstated for felons after they've served their time, along with the right to vote?

[procon]

48. How so?

If the state wants everyone to have guns, then let everyone have guns. Why would you object to more guns?

[OldRedneck]

16. Details here

http://www.northumberlandvadems.org/voting%20restoration.html

[lark]

22. Repugs are so predictably one sided.

Have you noticed any of them filing lawsuits against their governors when the put in executive rules that restrict who votes? Hell no! Scott, and all the other governors that do this get complete support from their party because who they will disallow is always folks that traditionally vote Dem.

[aggiesal]

41. I'm of the opinion that ...

you should be allowed to vote even if you're in jail.

Granted some of the offenses are so egregious that they don't warrant a vote.
(i.e. where someone dies during the commission of a crime, like murder or manslaughter,
since the person that died no longer has a vote, then the inmate should not be allowed to vote).

Other than that, most inmates are citizens of this country and should be allowed to vote.

[bemildred]

45. That's pretty much what I think.

You don't want to make a felony conviction a convenient way to remove political opposition, some politician might decide that that is a good thing to do.

[Sunlei]

50. Always Republicans blocking votes.

[Skittles]

51. easier for them than selling their sick ideas