VOP: "Kaine Leaves Virginia’s Felony Disenfranchisement Laws Stuck in a Jim Crow Past"

Strong stuff from the Virginia Organizing Project.

Governor Kaine Declines to Issue an Executive Order Restoring Voting Rights for Former Felons

Just in Time for Martin Luther King Day, Governor Kaine Leaves Virginia’s Felony Disenfranchisement Laws Stuck in a Jim Crow Past

Richmond, VA-After months of pressure from faith and civil rights groups, Governor Tim Kaine has stated that he will not sign an Executive Order granting restoration of rights for Virginia’s 300,000 disenfranchised former felons.

Only Virginia and Kentucky permanently disenfranchise all felons upon conviction, requiring an act of the Governor to restore voting rights. Virginia’s disenfranchisement policy is a vestige from the Jim Crow era and was a product of the 1901 Constitutional Convention, deliberately designed to marginalize minority voters. The Governor has the executive power to restore voting rights via an Executive Order to all of Virginia’s former felons. Governor Kaine has received thousands of phone calls and letters encouraging him to sign an Executive Order restoring rights for former felons.

Janice “Jay” Johnson, Chairperson of the Virginia Organizing Project issued the following statement:
“Governor Tim Kaine’s decision not to restore voting rights for former felons in Virginia is a deep disappointment. Faith and civil rights groups have been fighting to correct this injustice for decades, often knowing that their voices are unlikely to be heard by those in power. When Governor Kaine was elected there was a collective sense of hope that his term may bring about long-awaited change. Today, Governor Kaine dashed those hopes once and for all by stating that he would not grant a blanket restoration of voting rights for former felons.

Governor Kaine took the route of expediency over principle by declining to correct an injustice dating back to the Jim Crow-era. Just a few days before our nation will celebrate a great civil rights leader, Governor Kaine made the decision to leave us rooted in the racism of the past. ”

The Virginia Organizing Project is a statewide, multi-issue grassroots organization committed to challenging injustice by empowering people in local communities to address issues that affect the quality of their lives. www.virginia-organizing.org

UPDATE: Here's a statement from Sandra Cook, Vice-Chair of VOP, on Kaine's motivations. The bottom line: he had the power to restore rights but "He just did not want to do it."

There is no good reason for Kaine not to restore voting rights for former felons. It is the right thing to do and given his previous support of this issue, we had high hopes that he would do it. He has mentioned that he perceived that legally he could not restore rights by blanket restoration without providing individual names of former-felons seeking their voting rights. This is not the case, though. Restoring voting rights falls under the category of "removing political disability." The Governor can "remove political disability" without providing the names to the legislature. Kaine has been in communication with numerous attorneys from the ACLU, the Brennen Center and several Universities who have provided him with ample evidence proving that he does, in fact, have the power to restore rights without specific names. He just did not want to do it.

NAACP "Deeply Disappointed" in Kaine's Voting Rights Decision

I agree 100% with the NAACP on this one.

State and national NAACP officials say they are disappointed that Gov. Timothy M. Kaine will not sign an executive order to restore the rights of about 300,000 felons.

[...]

The Rev. Rayfield Vines, president of the NAACP Virginia State Conference, said he is "deeply disappointed" by Kaine's decision.

"The constitution of Virginia and the code of Virginia gives the Governor of Virginia the discretionary power to do this," Vines said.

"Governor Kaine missed an important opportunity to leave a legacy that reverses discrimination and disenfranchisement and advance our state's democracy in the tradition of Abraham Lincoln."

Yes, Kaine most certainly did miss "an important opportunity" here. Kaine can cite all the legalistic rationales he wants, but I don't buy them for a minute. The bottom line is that Kaine could have done this but chose not to. A huge mistake to end Kaine's governorship. Sigh.

P.S. In other felon-related news, Kaine also decided to transfer a convicted murder to Germany, where he apparently will be paroled in 2 years.

Bedford County officials and families of the victims objected strongly Friday when they learned that Gov. Timothy M. Kaine had approved a transfer for Jens Soering, convicted of the 1985 murders of Derek and Nancy Haysom, to a German prison.

“By God, if there’s anything I can do while I’m still alive, I want it stopped,” said Risque Benedict, brother of Nancy Haysom. “We are horrified by this.”

State Sen. Steve Newman, R-Lynchburg, called it “fairly devastating news to Bedford County” and said he and other officials were pursuing a strategy to see whether “this decision of Governor Kaine is revocable.”

Maybe I'm missing something here, but this doesn't sound good at all.

10 Virginia Civil Rights, Faith-Based Groups Urge Kaine To Restore Ex-Felons' Voting Rights

According to the cover letter I received from the Virginia Organizing Project, "Ten Virginia civil rights and faith-based groups have joined together to ask Governor Tim Kaine to issue an executive order that would restore voting rights to most or all of Virginia’s 300,000 individuals who are being denied the right to vote because of a felony conviction, and to put in place a process for automatically restoring rights to others who complete their sentences in the future." Here's the letter they sent to Kaine earlier today.

January 5, 2010

The Honorable Timothy M. Kaine
Governor of Virginia
Patrick Henry Building
1111 E. Broad Street
Richmond VA 23219

Dear Governor Kaine:

We write to urge you to issue an executive order that will both restore voting rights for most or all felons in Virginia who have completed their sentences and establish a process by which their voting rights will be automatically restored to those who complete their sentences in the future.

Once as much a part of Jim Crow as poll taxes and literacy tests, felon disenfranchisement is no longer tolerated in the United States. Indeed, only Virginia and Kentucky still permanently disenfranchise all felons, requiring an act of the Governor to restore voting rights.

Virginia’s outdated practice has left unable to vote approximately 300,000 Virginians who have completed their sentences. These individuals live in our communities and pay taxes, and most have families, jobs and homes, and participate in civic, religious and social organizations.

Because former felons who do not vote are twice as likely to be re-arrested as those who do, felon disfranchisement is a counterproductive policy. Allowing individuals to vote who have repaid their debt to society makes better citizens and reduces the burden on taxpayers to support the criminal justice system.

Virginia is ready to join the 48 other states that either never remove voting rights or automatically restore voting rights for some or all felons. A 2006 survey shows that more than 60% of Virginia’s voters favor reform of Virginia’s felon disfranchisement law. In addition, most of Virginia’s major newspapers have called for felon disenfranchisement reform. This includes the Roanoke Times, Daily Press, Virginian-Pilot, Washington Post and the Staunton News Leader. We do not know of any newspaper that opposes reform.

In the last few years the Governor of Iowa, a Democrat, and the Governor of Florida, a Republican, have issued executive orders modernizing their state’s felon disfranchisement policies. If Kentucky reforms its felon disfranchisement law, Virginia will be the last state in the nation still clinging to this shameful, anachronistic, and ineffective policy.

Most of us have met with you or your staff in recent weeks to discuss an executive order. We appreciate the numerous opportunities you have afforded us to engage in this important dialogue, and we understand that you are concerned about how an executive order would be implemented in Virginia.

Today we ask you to look beyond whatever minor obstacles lie before you and to act on the principles that have guided you in your distinguished career as an elected official by issuing an executive order automatically restoring voting rights for all or most of Virginia’s former felons once they have completed their sentences, parole or probation.

We thank you for you attention to this important matter.

NAACP Virginia State Conference
League of Women Voters of Virginia
Virginia Interfaith Center for Public Policy
Virginia Poverty Law Center
Northern Virginia Coalition
STEP-UP, Incorporated
Virginia CURE
Virginia Organizing Project
Rutherford Institute
ACLU of Virginia

Frank Anderson Talks Ex-Felon Voting Rights on WPFW

Listen to this, then if you agree that people who have served their time and paid their debt to society should have their voting rights restored (as is the case in nearly every other state in America), check out the Restore Our Vote website. Also, there's going to be a rally this Wednesday at DNC headquarters in Washington, DC, in order to to encourage Governor Kaine to restore ex-felon voting rights. Check it out.

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.

Governor Kaine: Remove Virginia's Voting Rights Disgrace Now!

This is unacceptable. It is also a perfect example of why Governor Kaine needs to issue an immediate, blanket restoration of voting rights for people who have "done their time" and "paid their debt to society." And no, Kaine's excuse that he would love to issue a "blanket restoration" but doesn't have the authority to do so is nonsense, as the Virginia Organizing Project has demonstrated. Specifically, "Article V, Section 12 of the Constitution grants the Governor plenary authority to 'remove political disabilities consequent upon conviction.'" No more excuses, Governor Kaine, just make it happen before you leave office in 2 1/2 weeks!

P.S. See here for more on this subject.

Is Kaine Correct on Voting Rights Restoration?

Yesterday, on WTOP's "Ask the Governor" show, Tim Kaine had the following exchange with a caller:

Question from Jim in Chesapeake: "Yes, governor, I'm calling about the fact that you and former Governor Warner have restored the rights of ex-felons, and more so than other governors I know of. I would like to know, in your last week, with a stroke of a pen, you can sign an executive order and restore their voting rights and change the history of Virginia forever. Will you do it, and if not why not?

Response from Tim Kaine: ...it is the case that in the history of Virginia, I've restored more voting rights of those who have been disenfranchised because of felony convictions than any other governor. And I very strongly believe that people who have paid their debt to society should have voting rights restored. And so, anybody who applies...I think I've restored maybe 4,300 voting rights...There are some who have suggested what I should do is just sign an order and restore everybody's voting rights. Our read of Virginia law, the combination of the constitution and statutory provisions is...well, we think the legal argument for me being able to do a blanket restoration is very murky, that I have to restore by name. And the best way to do that is to have people just file an application...But the ability to do just kind of a blanket restoration, restoring unnamed individuals, is very very murky...

Is Governor Kaine correct that he can't do a blanket restoration of voting rights? I checked with the Virginia Organizing Project, which is working hard to persuade Kaine to do just that, and here's their read on this:

In fact, the Constitution of Virginia poses no obstacle to the automatic restoration of voting rights to all or some portion of offenders who have completed their sentences. To the contrary, Article V, Section 12 of the Constitution grants the Governor plenary authority to “remove political disabilities consequent upon conviction.”

Unlike the Governor’s power to remit fines and penalties, the power to restore the right to vote is not qualified by “such rules and regulations as may be prescribed by law.” Similarly, although the Governor must report to the General Assembly “the particulars of every case of fine or penalty remitted, or reprieve or pardon granted, and of punishment commuted,” the Constitution imposes no reporting obligation for restoration of voting rights.

So, there you have it: Governor Kaine not only should issue a blanket restoration of voting rights for people who have "done their time," he can issue a blanket restoration. So, to paraphrase Jim in Chesapeake, "Will Governor Kaine do it, and if not why not?"

Tim Kaine on Supreme Court's Voting Rights Act Decision

From the DNC:

...Tim Kaine issued the following statement after the Supreme Court issued its decision, in an 8 to 1 ruling, to uphold a central provision of the Voting Rights Act of 1965. The provision seeks to prevent discriminatory voting changes by requiring all or parts of 16 states to get approval from the Department of Justice before changing the way elections are conducted.

“The Voting Rights Act of 1965 is one of the most powerful tools the federal government has to protect the franchise. We are delighted that the Supreme Court, one short of a unanimous decision, declined the invitation to strike down the law. The Voting Rights Act opened the polls to millions of black Americans in the mid 1960s, and today the law retains its historic importance for protecting minority rights.

“It is evident, however, that attacks on the law will not stop, nor can we expect an end to the tactics of voter suppression and intimidation that the law was designed to prevent. Democrats remain as vigilant as ever in our efforts to protect and facilitate access to the ballot, and to ensure that no American is ever denied or deterred from the right to vote.”

UPDATE: Tim Kaine has also issued a statement, which I've put in the comments section, on today's announcement that pharmaceutical companies will commit to major cost reductions.