Virginia ACLU Executive Director: Ex-Felon Disenfranchisement "related to Jim Crow"

The ACLU weighs in on the ex-felon disenfranchisement issue:

“The entire felon disenfranchisement issue is very connected to race,” says Kent Willis, executive director of Virginia’s chapter of the American Civil Liberties Union. Willis cites as examples Virginia’s 1901 constitutional convention that instituted the poll tax and literacy tests for voters, in addition to the disenfranchisement of felons. The three “are all related to Jim Crow,” Willis says. It still affects African Americans significantly more than anyone else. Of the 300,000 people in Virginia who are disenfranchised, Willis says, roughly 50 percent are African American.

[...]

"The sad truth is that the governor holds complete control over who gets their rights restored," he says, noting that there is no process in state law that dictates criteria for voting rights restoration. "It’s completely arbitrary and that’s the process we’re trying to change."

In sum, if Governor Kaine has "complete control over who gets their rights restored," if this policy is "related to Jim Crow," and if Kaine himself said recently, "I very strongly believe that people who have paid their debt to society should have voting rights restored," then why on earth doesn't he do it? I'm baffled.

h/t: Not Larry Sabato

UPDATE: Just to clarify, in no way/shape/form do I believe that Tim Kaine is in the least bit racist. The entire point here is that voter disenfranchisement has its roots in Jim Crow racism, and to this day it continues to disproportionately impact African Americans. That's one huge reason why Governor Kaine should issue a blanket reinstatement of voting rights, at least for non-violent ex-felons, because we need to remove this disgraceful stain of racism from Virginia once and for all.

Columnist Mike Williams: "Fairness for Felons"

I'm not sure what the weird music is, but other than that, I agree with "Mike's Take" on restoration of voting rights for ex felons. Before he leaves office in 2 1/2 weeks, Tim Kaine should issue a blanket restoration for anyone who has "done their time" and "paid their debt to society." Kaine himself says he would like to do this, but erroneously claims that he doesn't have the authority. Just issue the order, governor, and bring Virginia into the 21st century along with almost every other state in America.

Frank Anderson Tells His Story

For those who haven't been following this story, Frank Anderson is the guy who was denied restoration of his voting rights by Governor Kaine. Anderson's crime was burglary, back in 1998, for which he served two years and two months in prison. Here's the rest of the story.

...Since that time I have completed probation, paid all my fines, held steady jobs, not been convicted of any other crimes, volunteered on numerous Democratic campaigns in Virginia (starting with Kaine for Governor), registered hundreds of voters and earned my associate's degree. Through my work in voter registration, I learned about how people like myself can get their rights restored. I filled out the Application for Restoration of Rights and submitted it along with my criminal records. That December, I received a letter telling me the application was denied, with no explanation. There is a two-year waiting period to reapply and there is no appeals process.

Over the past year I've been looking for other avenues to get my rights restored, since the decision is ultimately up to the Governor and not the Secretary of the Commonwealth. I started working with a coalition of groups and activists (restoreourvote.org) concerned with restoring rights to the 300,000 disenfranchised convicted felons in Virginia. Finally on December 16, 2009 I received an email from Bernard Henderson, Senior Deputy Secretary of the Commonwealth...

Anderson then recounts how Governor Kaine denied the restoration of his voting rights due to speeding tickets. As Anderson notes, Kaine has the power to deny restoration of voting rights for any reason, just as "the Governor has the complete power to overturn the unfair requirements for restoration." Also, as Anderson correctly points out, "there is nothing stopping [Kaine] from issuing an Executive Order that restores rights to all ex-felons in Virginia who have completed the terms of their sentences." It's truly infuriating, as Frank Anderson explains.

...Governor Kaine, who I helped get elected, who is the Chairman of the Democratic National Committee, a civil rights lawyer and a man of faith, should believe in fundamental rights and the concept of redemption. Unfortunately he seems unwilling to take this step to undo Virginia's regressive policy. Yes, Governor-Elect McDonnell could try to overturn it. So what? Which side of history do you want to be on? Kentucky, or the rest of the United States that have more sensible processes for ex-felons to regain their voting rights? What possible legal or political drawback is there to setting up a precedent by which convicted felons, who have fulfilled all their obligations and stayed out of trouble for over three years, can become full citizens again?

The short answer: none. The longer answer: absolutely none. Sadly, Virginia joins Kentucky as the most restrictive states in the country with regard to restoring felons' voting rights when they complete their sentences. The fact that this Jim Crow-era law is still on the books in Virginia as we head into the second decade of the 21st century utterly boggles my mind. Even more mind boggling is the fact that a Democrat who many of us worked our asses off to elect as governor - and who is now chair of the Democratic Party! - is unwilling to do what Republican Charlie Crist did in Florida. What. The. Hell.