The House of Delegates passed a constitutional amendment proposal for the automatic restoration of rights in Virginia on Tuesday.
HJ 2, sponsored by Del. Elizabeth Bennett-Parker, D-Alexandria, would automatically restore voting rights to individuals after incarceration for a felony conviction.
“The proposed constitutional amendment provides an affirmative fundamental right to vote for qualified voters,” Bennet-Parker said on the floor. “It also provides for the automatic restoration of political rights once a person with a felony conviction is released from incarceration. And it also strengthens protections for individuals with disabilities, fostering a more just and fair society.”
“Virginia is the only to permanently disenfranchise all individuals with a party conviction unless they individually petition the governor for rights restoration,” she continued. “The current system has no transparency and changes every four years, so no one knows what steps they need to take to get their rights restored this amendment creates a process that is transparent and bound by clear rules that will apply to everyone, and is not left the complete discretion of a single individual.”
Del. Mike Cherry, R-Colonial Heights, proposed to change the proposal to make automatic restoration of voting rights for only non-violent offenders and offenders who have finished paying restitution, but those motions were killed.
House Minority Leader, Todd Gilbert, R-Shenandoah, said he would have considered supporting the amendment if Cherry’s changes were accepted.
“I would have considered it,” Gilbert said. “I do think there has to be a process. And I think I am sympathetic to the idea that people should have the ability to participate again in our system. But I do think, especially for people who’ve done kind of the worst of the worst things, that there should be a process. I think Del. Cherry’s amendments would have gone a long way toward satisfying me in that regard, but we’ll never know. Will we?”
Del. Paul Milde, R-Stafford, while opposing the amendment, spoke about his personal experience of having to apply for his voting rights to be restored during a committee meeting in November. 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.”
He opposed the amendment again on Tuesday.
“I had hoped Del. Cherry’s amendments would have passed so that I could have spoken favor, albeit with some reservations,” Milde said. “However, as it stands, I’m going to strongly oppose the amendment.”
“It is crucial that we provide opportunities for redemption in a thoughtful and measured manner, “he continued.
Del. Marcia Price, D-Newport News, pushed back on what she called hypocrisy from Republicans, who used bible quotes to oppose an amendment guaranteeing the right to reproductive freedom while ignoring parts of the bible that talk about forgiveness for the restoration of rights amendment.
”I’m just really confused, because, funny enough, the religious language is inconsistent and hypocritical,” she said on the House floor. “And I would point to my colleague to remind us that hypocrisy is the word of the day. So here’s the hypocrisy from HJ 1 to HJ 2. Mr. Speaker, it has been a glaring omission, because I will admit it is really hard to remain consistent with one’s religious tenants while trying to deny a second chance to someone who has already served their time.”
The proposal passed 55-44, with a few Republicans voting with Democrats.
This proposal will also have to pass the Senate during this session and then again in both chambers with the same language next year before going to the voters in Virginia for final passage.
The Senate Privileges and Elections Committee passed their own version of this proposal Tuesday afternoon on a 8-6 vote.
The governor is not involved in amendments.