Virginia Supreme Court Blocks Felon Voting Rights Executive Order

In a defeat for Gov. Terry McAuliffe, the Virginia Supreme Court has thrown out a blanket executive order restoring the voting rights of about 200,000 felons who had completed their jail sentences and probation/parole.

In a 4-3 decision, Virginia’s highest court determined that McAuliffe’s action violated the state’s constitution by exceeding his executive authority. Under the ruling, about 13,000 felons who have already registered to vote will have those registrations cancelled no later than August 25.

“Mr. McAuliffe can use those clemency powers on a case-by-case basis to restore a felon’s civil rights, but ‘that does not mean he can effectively rewrite the general rule of law’ in Virginia that says convicted felons are disqualified from voting, the court said,” the Wall Street Journal noted.

When it was announced in April, Republicans who went on to file a lawsuit lambasted the executive order, claiming that including violent crimes with less serious offenses will offer murderers and rapists the right to vote, serve on juries, hold public office, and notarize documents, the Inquisitr previously detailed. Judicial Watch also sued the governor over the same issue.

Virginia Supreme Court strikes down governor's order granting voting rights for felons https://t.co/1UW00Buv4Q pic.twitter.com/wpw5G0Yy94

— The Hill (@thehill) July 22, 2016

As the Inquisitr separately reported, Gov. McAuliffe’s voting rights order also had the unintended consequence of reinstating the voting rights of several violent criminals outside of Virginia or who were still under supervised probation in other states. About 130 violent sex offenders who were being detained in one Virginia facility under civil confinement after serving their criminal sentences also regained the right to vote.

The court heard on the case on an expedited basis so that it could be resolved well before the November election.

Writing for the majority, Chief Justice Donald W. Lemons rebuked McAuliffe for failing to restore voting rights on an individual, case-by-case basis, the Washington Post noted.

“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. To be sure, no Governor of this Commonwealth, until now, has even suggested that such a power exists.”

Virginia Supreme Court rules against McAuliffe on felon voting rights https://t.co/HvPJwC5XZ9

— Washington Examiner (@dcexaminer) July 22, 2016

According to the Daily Signal, U.S. Senator Tim Kaine, Terry McAuliffe’s fellow Democrat and predecessor in the governor’s mansion, and now Hillary Clinton’s running mate, considered but dropped the idea of a similar executive order based on legal advice that he lacked the authority to move forward on it.

“McAuliffe’s order also made it simpler for felons to apply for the right to possess guns, in addition to making them eligible for jury duty and to run for public office,” the Post added.

At the time, the executive action was also seen by the GOP as a way to help Clinton, McAuliffe’s longtime friend, win the important swing state in the upcoming presidential election on the premise that most felons would vote Democrat if given the choice.

McAuliffe insisted that his action was the “morally right thing to do.” He now says that he will stay glued to his desk and sign paperwork that will individually restore the voting rights of all the felons that were covered by his now-rejected executive order.

https://www.youtube.com/watch?v=TuB2MgkJgTg

“Voting rules for convicted felons vary widely from state to state, and Virginia is one of the most restrictive, according to groups that track the issue and advocate for looser restrictions,” the Wall Street Journal observed.

Separately, the feds have launched a criminal investigation into the Virginia governor’s campaign fundraising practices.

In Virginia, governors can only serve one consecutive, four-year term under current law. Terry McAuliffe, a prominent Clinton fundraiser, narrowly defeated ex-AG Ken Cuccinelli in the 2013 statewide election.

[Photo by Rogelio V. Solis/AP Images]