Democrats on the House of Delegates’ Privileges and Elections Committee advanced a proposed constitutional amendment on Wednesday.
HJ 2, sponsored by Del. Elizabeth Bennett-Parker, D-Alexandria, would automatically restore voting rights to individuals after incarceration for a felony conviction.
Bennett-Parker said requiring someone to petition for voting rights after a felony conviction is rooted in racism and would provide individuals with a fundamental right.
“The disenfranchisement of people with felony convictions is a relic of Virginia’s Jim Crow past and was intentionally inserted into the 1902 Virginia Constitution to disenfranchise as many black voters as possible,” she said. “Automatic restoration of voting rights encourages voting and civic engagement, which research shows benefits reentry, reduces recidivism and makes communities safer.”
The amendment passed 12-9 on party lines after public comment and a lengthy debate between legislators.
House Minority Leader Todd Gilbert, R-Shenandoah, opposed allowing individuals to vote before paying restitution for the crimes they committed.
“Your amendment also applies to those people who face no other possible conviction itself that they also essentially never lose their right to vote,” Gilbert said during debate. “In addition to all the things that aren’t going to happen to them, including being incarcerated, they get to vote right away. Regardless of their felony conviction, if they never go to jail, they just keep can keep voting, and there’s no other consequence.”
Del. Paul Milde, R-Stafford, spoke about his personal experience of having to apply for his voting rights to be restored. He was convicted of cocaine possession in 1986, a felony charge.
“I believe I’m the only one up here with direct personal experience,” Milde said during the debate. “I, like thousands of others, a few of which we’ve heard from, went through a lengthy deliberative process to regain my rights that started with completing my court-imposed sentence in its entirety, including paying restitution to the victims and fines. I was incentivized to be a better member of society because I knew there was a process.”
Del. Marcia Price, D-Newport News, chair of the committee, closed out the debate by saying that Gov. Glenn Youngkin has made petitioning for restoration difficult.
“What we have today are formerly incarcerated people who have tried to go through that process, but we have an administration that has an opaque and inconsistent process by which no rationale, no reason, just a mass email can go out to say that your rights were denied. However, many people in this room or on this Dais can say that previous governors have done certain things, but that is not where we are today.”
The amendment proposal will now be heard by the full House of Delegates chamber during the legislative session that begins in January.
Constitutional amendments must be passed by the General Assembly twice, with a House election in between, before going to Virginia voters for a final vote of approval.
The governor cannot veto a constitutional amendment.