BREAKING: Supreme Court of Virginia Reverses McAuliffe’s Felon Voting Rights Restoration
In a serious blow to one of Governor McAuliffe’s most widely touted accomplishments, the Supreme Court of Virginia halted the restoration of rights of more than 200,000 convicted felons in the Commonwealth of Virginia. The Court held in the Howell/Norment v. McAuliffe case that the Governor had overstepped his authority in granting a blanket amnesty that was unprecedented in Virginia’s history. The Court noted that:
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. And the only Governors who have seriously considered the question concluded that no such power exists.
The Court also held, in a blow to executive authority, that the Governor’s clemency power is not absolute and that Virginia’s legal tradition has embodied the idea that “concerns motivating the original framers in 1776 still survive in Virginia, including their skeptical view of the unfettered exercise of executive power. (internal quotations omitted.)”
In addition to holding the order unconstitutional, the Court ordered all electoral officials and General Registrars within the Commonwealth to remove all felons from the rolls who have been registered since the Executive Order was signed, and to ensure that none of those are permitted to vote. The Court also required the Department of Elections and the State Board of Elections to put in place processes to ensure that all those who were improperly registered as a result of the Governor’s unconstitutional order are removed and they are not permitted to vote.
This is significant victory for Virginia’s General Assembly Republicans, led by Speaker Bill Howell, Senate Leader Tommy Norment and Delegate Rob Bell, who was one of the most outspoken members of the body on this issue. The Speaker and the Leader issued the following statement on the issue:
“The Supreme Court of Virginia delivered a major victory for the Constitution, the rule of law and the Commonwealth of Virginia. Our nation was founded on the principles of limited government and separation of powers. Those principles have once again withstood assault from the executive branch. This opinion is a sweeping rebuke of the governor’s unprecedented assertion of executive authority. We are grateful to the justices of the Supreme Court for their prompt and thorough attention to this case.”
The opinion can be read here.
