Va. high court invalidates McAuliffe’s order restoring felon voting rights

[Blue_Tires]

Source: WaPo

Gov. Terry McAuliffe’s decision to restore voting rights to more than 200,000 felons violates Virginia’s constitution, the state Supreme Court ruled Friday, dealing a major blow to the Democratic governor with implications for the November presidential race in the crucial swing state.

In a 4-to-3 decision, the court ruled that McAuliffe overstepped his clemency powers by issuing a sweeping order in April restoring rights to all ex-offenders who are no longer incarcerated or on probation or parole. The court agreed with state Republicans who challenged McAuliffe’s order, arguing that the governor can only restore voting rights on a case-by-case basis and not en masse.

“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,” Chief Justice Donald W. Lemons wrote for the majority. “To be sure, no Governor of this Commonwealth, until now, has even suggested that such a power exists.”

But a defiant McAuliffe released a statement late Friday saying that he would pick up his executive pen and restore the rights of those felons on an individual basis, even if it means signing more than 200,000 orders.

Read more: https://www.washingtonpost.com/local/virginia-politics/virginia-court-invalidates-gov-terry-mcauliffes-order-restoring-felon-voting-rights/2016/07/22/3e1d45f6-5058-11e6-a7d8-13d06b37f256_story.html

[drray23]

1. i think what they objected to

is the blank clemency for all felons. You can get your voting rights restored in virginia after you get out of prison and probation. However you have to formally ask for it and it is a long process. What Terry Mc Auliffe is trying to do is cut the red tape and make it automatic like it is already in other states. Of course the gop.is trying to fight it.

[Press Virginia]

3. There's a process. TM completely ignored it

Didn't present individual cases with reasons for his actions to the legislature as required by the constitution.
Instead he issued a blanket proclamation a couple of days after the legislature adjourned for the year

[Sand Rat Expat]

6. Well...

If there's a defined process as outlined in the state's constitution, then the governor is bound to abide by that process. In this case, he didn't do so. He can't just make up the rules as he goes or ignore rules he doesn't like.

If he wants to make it automatic as it is in other states, then he needs to work with the state's legislators to make that change.

[Judi Lynn]

2. More power to Gov. McAuliffe in setting out to restory each of the 200,000 alone.

By god, it would be a true triumph if he can manage it. It would mean a real leap forward for human beings in this country.

[marble falls]

5. I agree!!!

[Calista241]

4. I think it'll get interesting when he does this for a few rapists, pedofiles

Or murderers. The GOP and their backers will make sure to find them, put their opinions on the news, and then hell have do deal with the "courting the rapists vote" chorus that comes up.

[Sand Rat Expat]

7. That's exactly what'll happen.

If he were to restore voting rights to non-violent felons, it'd accomplish what he's trying to do without handing the GOP ammunition to use against him.