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The Virginia Supreme Court has ruled that Gov. Terry McAuliffe doesn't have the authority for a blanket restoration of voting rights to the state's felons.
McAuliffe had issued a sweeping executive order in April that affected 206,000 ex-offenders in the state.
In a 4-3 ruling, the state's justices said under the state constitution, McAuliffe didn't have the authority for such a proclamation.
"Never before have any of the prior 71 Virginia Governors issued a clemency order of any kind — including pardons, reprieves, commutations, and restoration orders — to a class of unnamed felons without regard for the nature of the crimes or any other individual circumstances relevant to the request," the majority wrote. "To be sure, no Governor of this Commonwealth, until now, has even suggested that such a power exists. And the only Governors who have seriously considered the question concluded that no such power exists."
Nothing stops the governor from granting rights to felons on an individual basis, but the justices said it was unconstitutional to do it through a blanket order. They described it as the difference between making an exception to a rule, and changing the rule.
The court's ruling calls for state registrars to cancel the voter registration of all felons who registered to vote under McAuliffe's order.
McAuliffe had previously promised to restore voting rights one by one if his order were overturned, an in a statement late Friday, he reiterated that vow.
"I will expeditiously sign nearly 13,000 individual orders to restore the fundamental rights of the citizens who have had their rights restored and registered to vote," he said. "And I will continue to sign orders until I have completed restoration for all 200,000 Virginians."
Virginia Court Overturns Order That Restored Voting Rights To Felons
There is a link to the ruling in the article.
McAuliffe had issued a sweeping executive order in April that affected 206,000 ex-offenders in the state.
In a 4-3 ruling, the state's justices said under the state constitution, McAuliffe didn't have the authority for such a proclamation.
"Never before have any of the prior 71 Virginia Governors issued a clemency order of any kind — including pardons, reprieves, commutations, and restoration orders — to a class of unnamed felons without regard for the nature of the crimes or any other individual circumstances relevant to the request," the majority wrote. "To be sure, no Governor of this Commonwealth, until now, has even suggested that such a power exists. And the only Governors who have seriously considered the question concluded that no such power exists."
Nothing stops the governor from granting rights to felons on an individual basis, but the justices said it was unconstitutional to do it through a blanket order. They described it as the difference between making an exception to a rule, and changing the rule.
The court's ruling calls for state registrars to cancel the voter registration of all felons who registered to vote under McAuliffe's order.
McAuliffe had previously promised to restore voting rights one by one if his order were overturned, an in a statement late Friday, he reiterated that vow.
"I will expeditiously sign nearly 13,000 individual orders to restore the fundamental rights of the citizens who have had their rights restored and registered to vote," he said. "And I will continue to sign orders until I have completed restoration for all 200,000 Virginians."
Virginia Court Overturns Order That Restored Voting Rights To Felons
There is a link to the ruling in the article.
