House Passes Amendment to Automatically Restore Voting Rights for People with Felony Convictions

The Virginia House of Delegates on Tuesday approved House Joint Resolution 2 by a recorded vote of 55 ayes and 44 noes. The resolution would amend the state constitution to provide for the automatic restoration of political rights once a person with a felony conviction is released from incarceration.

Supporters said automatic restoration promotes reentry, reduces recidivism and remedies a racialized history of disenfranchisement. "The proposed constitutional amendment provides an affirmative fundamental right to vote for qualified voters," Delegate Bennett Parker, the resolution's sponsor, told the chamber, and she noted the change mirrors bipartisan legislation that previously passed both houses.

Debate on the House floor stretched for hours and included several procedural amendments offered by Delegate Daniel Cherry that were considered and disposed of by recorded votes. Proponents argued the amendment would replace the current discretionary, governor-led restoration process with a transparent, consistent standard and would narrow the circumstances under which someone loses the right to vote because of disability adjudication.

Opponents repeatedly raised victims' interests and the need for accountability and restitution before restoration. "A fair approach is one that acknowledges the harm done to victims and requires as a condition of any restoration that any and all obligations to one's victims and to the commonwealth are restored before the rights are restored," Delegate Jason Mide said in floor remarks opposing the amendment, arguing the measure ignored victims' needs.

The measure's proponents drew on the constitutional history of the current provision to make the case for change. "This plan will eliminate the darky as a political factor in this state in less than 5 years..." Delegate Marcus Simon read on the floor when summarizing original constitutional intent, quoting the historical record to explain why the provision should be removed.

After debate, the clerk recorded Ayes 55, Noes 44 and the House agreed to the resolution. Several floor amendments were offered and votes on those amendments were recorded earlier in the proceeding; members voted on severing and passing by particular amendments during the morning hour.

The House's action is a legislative step to amend the state constitution and will be processed according to the constitutional amendment procedures.