RICHMOND, Va. — More than 2,500 Virginians had their civil rights restored in the most recent reporting period spanning most of 2023, representing a drop both in the previous year and reporting periods from previous administrations.
A Senate document submitted by the Secretary of the Commonwealth to Virginia lawmakers shows there are more than 2,500 entries in the "Restoration of Rights" category dated between Jan. 17, 2023, and Jan. 16, 2024.
The "List of Pardons, Commutations, Reprieves and Other Forms of Clemency" is a report issued every year by the governor's administration.
The 2023 reporting — encompassing the second year of Governor Glenn Youngkin's term — shows a drop in total restorations compared to the first year of the administration when there were more than 4,200 restorations for 2022 (excluding Jan. 1 through Jan. 15 of 2023 while including Jan. 1 through Jan. 16 of 2024).
Under Virginia constitutional law, the governor has the sole discretion to restore the voting rights of felons but the state's prior three governors had gradually made the process easier for felons, starting with Robert McDonnell, a Republican.
An analysis of previous reporting periods shows Gov. Youngkin's yearly restoration numbers fall below those of former Virginia Gov. Ralph Northam and Terry McAullife:
- 2023-2024: 2,601 (Youngkin)
- 2022-2023: 4,271 (Youngkin)
- 2021-2022: 85,349 (Northam)
- 2020-2021: 17,510 (Northam)
- 2019-2020: 16,465 (Northam)
- 2018-2019: 8,864 (Northam)
- 2017-2018: 45,693 (McAullife)
- 2016-2017: 66,760 (McAullife)
- 2015-2016: 10,305 (McAullife)
- 2014-2015: 5,311 (McAullife)
- 2013-2014: 3,754 (McDonnell)
- 2012-2013: 1,870 (McDonnell)
"We have to talk about losing the right, and they take it for granted if they never lose the right," says Sheba Williams, a Henrico-area resident who had her rights restored in 2013 under former Gov. McDonnell.
Williams is a plaintiff in one of several lawsuits filed against the Youngkin administration. As well as legal action from the Virginia NAACP, there are concerns that the restoration process has become "arbitrary" and "potentially discriminatory."
The Virginia NAACP requested documentation on the administration's restoration policies through a Freedom of Information Act request, which they say showed "an opaque and confusing system rife with opportunity for discriminatory impact on Black Virginians and other Virginians of color."
A judge later sided with Youngkin, ruling that certain documents are protected from dissemination.
In response to 13News Now, a spokesperson for the Governor's office pointed to "a legal brief filed as part of ongoing litigation."
"In January 2022, Governor Youngkin took office. During his first year in office, the Governor decided to pursue his own process for voting restoration—which was fully implemented in December 2022 and remains the process to this day. That process begins with an application submitted by the disenfranchised felon. That application form is posted on the Secretary of the Commonwealth’s website and is provided to all individuals who are going through the process of being released from incarceration. Applicants may fill out and submit the application online or mail a paper copy. The application requests information regarding the applicant’s identity, prior felonies, and status with respect to state supervision and fines, fees, or restitution.
Once the Secretary’s Office receives the application, the Secretary’s Office reviews the application for accuracy, completeness, eligibility, and previous restorations. If an applicant failed to complete the application properly, the Secretary’s Office will contact the applicant and request the missing information. Applicants will be denied if they are still incarcerated, currently subject to a pending felony charge, under supervised release for an out-of-state or federal conviction, or if they otherwise fail to satisfy the voting qualifications set forth by Virginia law, such as age, citizenship status, and residency requirements.
Once an applicant has provided the necessary information, the Secretary’s Office engages in a multi-agency review process for each applicant. Specifically, the Secretary’s Office will send applicants’ names and information to the Central Criminal Records Exchange, the Virginia Department of Elections, the Virginia Department of Behavioral Health and Development Services, the Virginia Department of Corrections, and the Virginia Compensation Board.
In return, these agencies send information on each applicant back to the Secretary’s Office. The Central Criminal Records Exchange sends an applicant’s criminal history record. The Department of Elections states whether an applicant is deceased, mentally incapacitated, or a non-citizen. The Department of Behavioral Health states whether the applicant is under state supervision, on conditional or unconditional release, incarcerated at a state hospital or with the Virginia Center for Behavioral Rehabilitation, or has been found not guilty by reason of insanity. The Virginia Compensation Board states whether the applicant is under state supervision, on supervised release, released to an out-of-state authority, released to a mental hospital, awaiting trial, bonded with pre-trial services, or is an inmate with a federal offense. Finally, the Department of Corrections states whether the applicant is under state supervision, on community supervision, under interstate compact community supervision, incarcerated in a Department of Corrections facility or local jail, or an absconder or fugitive.
Once the multi-agency review is complete, the Secretary’s Office reviews the sum-total of this information for each individual applicant. This review results in a recommendation by the secretary to the governor as to whether the governor should grant or deny the application. The secretary and governor engage in a holistic, case-by-case consideration of the information gathered from the application and multi-agency review, including whether the applicant committed a violent crime, how recent the conviction is, and the applicant’s conduct since the conviction. Armed with the Secretary’s recommendation and the results of the multi-agency review, the governor is the ultimate decisionmaker and may grant or deny the application in his discretion. Ultimately, his decision to grant or deny an application is based on a predictive judgment regarding whether an applicant will live as a responsible citizen and member of the political body. Once the governor has made his decision, the Secretary’s Office notifies the applicant. If an application is denied, the applicant must wait one year to reapply or his application will be deemed a duplicate of the previously denied application. If an application is granted, the Secretary’s Office congratulates the applicant, sends the official restoration order, and provides instructions for registering to vote.
The governor takes seriously his clemency power to restore convicted felons’ voting rights. He has expressed his admiration for those who have turned their lives around after receiving a felony conviction: “I applaud those who have committed to starting fresh with renewed values and a will to positively contribute to our society.” And he has stated that “[s]econd chances are essential to ensuring Virginians who have made mistakes are able to move forward toward a successful future.” Consistent with these views, since taking office, Governor Youngkin has restored voting rights to thousands of convicted felons."