Politics & Government

Bob McDonnell Announces Automatic Restoration of Rights to Felons

Virginia's governor will eliminate the application process beginning July 15.

Virginia Gov. Bob McDonnell announced Wednesday he will automatically restore on a individual basis civil rights to nonviolent felons as long as they have done their time, paid their court costs and don’t have any pending felony charges on their record.

The change, which takes effect July 15, will eliminate the two-year period a released felon must wait to submit an application for restoration of his or her rights, giving them the opportunity to vote as soon as possible.

McDonnell’s announcement comes a day after Attorney General Ken Cuccinelli called for changes to the restoration of rights to nonviolent felons, an issue that Democrats have accused Cuccinelli of flip-flopping on while he runs for governor in the 2013 election.

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In order for the governor to automatically restore rights, the person in question must have been convicted of a nonviolent felony in a Virginia court, U.S. District Court, military court or a court in another state or territory; completed serving the prison sentence for the offense and been released from probation or parole; and paid all court costs, fines to the Commonwealth and restitution to the victims.

They must also have satisfied all court-mandated conditions, and have no pending felony charges.

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“Once these individuals have served their time and fully paid for the offenses they committed, they should be afforded a clear and fair opportunity to resume their lives as productive members of our society,” McDonnell said in a statement. “They deserve a second chance to fully rejoin society and exercise their civil and constitutional rights.”

The Virginia Constitution currently states nonviolent felons seeking civil rights restoration must submit a written request to the governor, who then makes a decision on a case-by-case basis.

McDonnell’s action Wednesday is as far as he can exercise his legislative power on the issue, according to officials.

A report from a bipartisan committee confirmed Tuesday  the governor could not make an overarching reform on the restoration issue, as the Virginia Constitution would have to be amended by popular vote.

But McDonnell said his new automatic system would remove the governor’s subjectivity from the process.

Between now and July 15, the governor’s administration will be meeting with the appropriate parties to make sure that the transition from an application system to an automatic system is being made within the legal boundaries of the Commonwealth.

McDonnell received praise from both of the candidates vying for his office in the 2013 election.

Cuccinelli, who voted on many occasions against restoration reform but attributed his new views to a “change of heart,” said the Commonwealth was doing right by citizens who had committed minor offenses and were leading new lives.

“Many people in our communities have committed certain low-level, nonviolent offenses in the past, paid their restitution and debt to society, and have gone on to live law-abiding lives,” he said. “We needed to simplify the process for those who want to regain their civil rights.”

Democrat Terry McAuliffe applauded McDonnell’s announcement but was wary of Cuccinelli’s new position.

“I’ve supported replacing the application process because it’s a common sense way to make it easier for Virginians who were convicted of a non-violent offense to have their right to vote restored after they have paid their debt,” McAuliffe said. “Unfortunately, some in the legislature, including then-Senator Ken Cuccinelli, blocked General Assembly progress on restoration of rights repeatedly.”

McAuliffe and Cuccinelli will face off in the Nov. 6 election for governor, a premier election in the country this year.

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