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Formerly incarcerated Virginian weighs in on voting rights concerns; organizations, lawmakers ready for news conference

While his rights have been restored, he says that any policy making it more difficult for those who are formerly incarcerated presents a major obstacle.

RICHMOND, Va. — Virginia organizations and lawmakers are gearing up for a news conference in Richmond on Tuesday that will publicly oppose administrative changes from the Governor's office over the process to restore voting rights of formally incarcerated Virginians. 

Questions and concerns have been raised following a letter sent to State Sen. Lionell Spruill (D-Chesapeake) in late March by Secretary of the Commonwealth Kay C. James, stating Gov. Youngkin instructed her team to review the application and review process were "legal and fair -- and that every applicant be considered individually" per state law. 

Youngkin's administration confirmed that it had ended the system of automatically restoring the rights of at least some felons who have served their terms.

In Virginia, anyone convicted of a felony automatically loses their civil rights, including the right to vote, and people must petition the governor, who has the sole discretion to restore those rights, per the state's constitution. 

However, as noted by Del. Don Scott (D-Portsmouth), "You still had to ask [for restored voting rights], but when you did ask it was automatically restored, and the difference now is there are a whole lot of barriers."

Voting advocates argue the current administration's policy is a reversal of years of incremental steps by previous administrations to make it easier for formerly incarcerated Virginians to have their voting rights restored.

“That was heaven on earth, the first time ever voting in my life I had my mother with me," BJ Estes said, who spent roughly 20 years behind bars serving a sentence on nine weapons-related charges. 

Released in 2018, Estes is one of thousands that had their voting rights restored by Governor Ralph Northam in 2021. 

While his rights have been restored, he says that any policy making it more difficult for those who are formerly incarcerated presents a major obstacle in reacclimating to normal life.

“I'd be upset, maybe scared. Because how am I supposed to get ahead in life? I did mistakes, if I did my time, I should be allowed to have a clean and clear second chance at life. This was my crime, this was my punishment, but let me live," he said.

Scott, who is the minority leader for the House of Delegates, is one of the lawmakers as well as State Sen. Mamie Locke (D- Hampton) who will attend this news conference at 12 p.m. 

The organization that will be there include:

  • New Virginia Majority
  • Virginia NAACP
  • League of Women Voters of Virginia
  • Virginia Organizing
  • ACLU of Virginia
  • Virginia Interfaith Center

A lawsuit has been filed by the Washington-based Fair Elections Center on behalf of Gregory Williams, a convicted felon who has completed his sentence and has a restoration application pending, and Nolef Turns, a Richmond-based nonprofit that advocates for people with felony convictions.

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