Delegate Bloxom updates on proposed Constitutional Amendment restoring felons voting rights

By Delegate Rob Bloxom

Hi, this is Rob Bloxom with another Capitol Report.

This is the third report about the proposed changes to the Virginia Constitution. I will start with the State Board of Elections website and the explanation that was voted on during the General Assembly session.

As I mentioned in my last two reports, I will try to be as nonpartisan and factual as possible so you can make the most informed decision when you vote.

Current Law and Context

Virginia’s Constitution currently provides that a person who is convicted of any felony loses the right to vote for the rest of his or her life unless the Governor of Virginia takes administrative action to restore that specific person’s right to vote. This is the only means of getting back the right to vote after a felony conviction.

The current Constitution also imposes a broad restriction, while using outdated terminology, on voting by persons found to be incapacitated. A person who is determined by a court to be incapacitated, regardless of the kind of incapacity, loses the right to vote, and only a court can restore the person’s right to vote later.

BALLOT QUESTION 3

Question: Should the Constitution of Virginia be amended (i) to provide for the fundamental right to vote in the Commonwealth, (ii) to revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and (iii) to update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting?

Analysis 

The proposed amendment enshrines in the Constitution the fundamental right of all qualified persons in the Commonwealth to vote. Two exceptions to this right are for persons who are serving a sentence of incarceration for a felony conviction and persons who are determined by a court to not understand the act of voting. Under this amendment, such right cannot otherwise be restricted by laws.

Under the proposed amendment, a person who is convicted of a felony loses the right to vote during their period of incarceration, but once released, the person gets back the right to vote without needing to apply for restoration by the Governor.

The proposed amendment also requires a specific finding by a court that a person does not understand the act of voting in order for that person’s right to vote to be taken away.

With the right to vote, a person also has the right to be a juror, the right to be elected to an office, and the right to be a notary public.

The question that most often arises when this issue is debated in the legislature is what it means for your sentence to be “complete.” Most sentences involve a period of incarceration, a probation period, restitution to the victim, and court costs. To date, lawmakers have not agreed on the best way to change our current system, and when the rights should be restored (on immediate release, or post probation period, or once all court costs are paid? etc.). 

Some argue that restitution could never fully compensate the victims of certain crimes. Others argue that the calculation of court costs, late penalties, and interest creates an unfair and insurmountable burden for some individuals. This amendment settles the question, in that no “further action required” would be required upon “release.”  

A reminder that early voting has begun, with Election Day coming up November 3rd. If you plan to vote, make sure you have a plan for when and how you will cast your ballot.

While I am not on the ballot this year, it continues to be an honor to represent the 100th District.

As always, if you have constituent questions or concerns, please feel free to reach out to me by phone at the district office at (757) 824-3456 or by email at delrbloxom@house.virginia.gov.