Unfortunately, according to the Daily Press, the situation at present is that "[m]ore than 240,000 Virginians are deprived of the right to vote." As the paper points out, this is "alienating and counterproductive," plus it's also "discriminatory, for it disproportionately disenfranchises black men."
Recently, the conservative Republican Governor of Florida, Charlie Crist, restored voting rights to most of that state's ex-felons. And, in the words of the Daily Press, "[l]ast week Gov. Martin O'Malley of Maryland signed legislation that will restore voting rights to most people convicted of felonies once they have finished their sentences." Governor Kaine should do the same right here in Virginia. It's the morally correct thing, the American thing, and the Virginia thing to do.
If I recall correcty, that's kinda why the colonies revolted in 1775, wasn't it?
If we expand the franchise, we get more buy-in to the system, and there are greater incentives for participating and abiding by common norms.
We must assimilate those who feel alienated, and the right to vote is a critical part of that.
For those who believe that having a felony conviction should deprive one forever of the ability to participate in our democracy, they should educate themselves about what exactly constitutes a felony in this state. In Virginia, if you are convicted of possessing a single Ecstasy pill at a rave, if you are caught carrying an empty jeweler's bag (size of a postage stamp) containing cocaine residue, if you have tried to evade the police, if you have shoplifted things valued at more than $200, or caused property damage of more than $1000, or hit another vehicle containing occupants and continued on your way you have committed a felony and a conviction will deprive you of your right to vote. Of particular concern to me is the draconian zero tolerance drug laws which make virtually anything which isn't marijuana a felony. Every Friday I attend circuit court sentencings and watch young adults come in to be sentenced for the felony of having a pill or a small amount of cocaine or heroin or other substances in their possession. The kids who shared Ecstasy with their friends at a rave come in to be sentenced for possession with intent to distribute. Sometimes they're in there to be sentenced for an impulse crime like snatching a $300 jacket off the rack at Nordstroms. What they did is not good and downright stupid, but it's hard to see why someone who made a bad and immature decision at age 18 or 20 should pay for it for the rest of his or her life with curtailment of civil liberties. When one considers that they are being sentenced as adults but are considered by law to be too immature to be able legally to drink a beer then it is even more frustrating.
Those decisions are not taken lightly, but reflect the fact that felons have broken the social compact with the community. Stripping felons of the right to vote should act as a deterrent to future criminality. We know for a fact that criminals take into account the gun laws of a particular community, such as Project Exile, before committing crimes. If they value their voting rights, they should similarly consider the impact of their actions on their future participation in society's decision making processes.
Moreover, if potential felons are unable to appreciate the future impact of their actions, then their loss of voting rights is all the more justified and beneficial to society. In limited circumstances, the Governor (through the SoC)can restore the rights of felons especially deserving of special consideration.
just a thought
I'm put in mind of a man who used to call the elderly lawyer who mentored me when I first started practicing law. Every few months this lawyer would receive a call from an old client who had pled guilty to a felony back in the early 60s, asking if it was possible to set aside his conviction. He would get on the phone and cry and ask if there were only some way to restore his civil rights. This continued well into the 2000s, when he finally died at the age of 60 something. He had spent over 40 years of his life trying to atone and get back what he lost at age 20. He'd gone on to marry, get a job, raise a family, and in every respect become a contributing member of society; yet in his eyes and the eyes of our law he was forever marked as less than a citizen. It was tragic and my mentor often told me his deepest regret was allowing this person to plead guilty to the felony and take probation instead of fighting the charge and potentially going to jail. It had seemed like a good deal, but the effects were lifelong and soul-crushing. So tell me, Houdon, was justice served?
Project Exile is all well and good, although I've seen even that result in some clear injustices (any time you have a one size fits all solution to anything you're going to have injustice), but guns are a special case. Most people have no understanding of how harshly we treat non-violent crime in this state and the vast majority of crimes are non-violent, consisting mostly of drug possession and theft.
I would exclude those who commit voter fraud or another election crime from an automatic restoration of voting rights, since these crimes strike at the very foundation of our democracy. Of course, a lot of these crimes are still misdemeanors, see Virginia Code Sections 24.2-1000 et seq. Seems like the GA's priorities may be misplaced. Hmm Maybe they're protecting their own.
But even in these cases, I think the felons should be able to petition the Circuit Court to restore their rights after they have completed their sentences and a short waiting period. Restoration would be based upon evidence of a reformed character and their reputation in the community. The classic concepts of repentence, reparation and reformation.