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There’s an issue popping up as people come to vote early. They’re surprised to find 3 questions about constitutional amendments. It’s hard enough for candidates to get their name out, it’s exponentially harder for ballot measures to get exposure. We’ve covered the first (abortion) and second (marriage equality) ballot measures. Today, we’ll tackle the third ballot measure: right to vote. Let’s address this.
What will I see on my ballot?
Here’s what the Proposed Constitutional Amendment question will look like on your ballot (text is written out below the picture). If you agree with it, you vote yes. If you disagree, you vote no.
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Question: Should the Constitution of Virginia be amended (i) to provide for the fundamental right to vote in the Commonwealth, (ii) to revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and (iii) to update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting?
Will that language be copy/pasted into the Virginia Constitution if it passes?
No, if the amendment passes, the language for the state constitution is different. The new language is shared with you at the end of the post.
What’s the law currently?
Virginia’s Department of Elections states:
Virginia’s Constitution currently provides that a person who is convicted of any felony loses the right to vote for the rest of their life unless the Governor of Virginia takes administrative action to restore that specific person’s right to vote. This is the only means of getting back the right to vote after a felony conviction.
The current constitutional provision also imposes a broad restriction, while using outdated terminology, on voting by persons found to be incapacitated. A person who is determined by a court to be incapacitated, regardless of the kind of incapacity, loses the right to vote, and only a court can restore the person’s right to vote later.
TL;DR, the current law is:
When someone is convicted of a felony, they lose their right to vote. Following a court’s decision, the felonies were limited to murder, voluntary manslaughter and involuntary manslaughter as of a few weeks ago. After people have served their sentence, they have to ask the Governor to give them the right to vote again.
When a person is determined to be incapacitated, they lose the right to vote. Only courts can restore that right later.
What will the amendment do?
Three things:
Declares voting to be a fundamental right.
Did you know Virginia is one of three states in the nation that requires people to have the governor individually restore their voting rights? This amendment will end the inefficient, wasteful voting restoration application process.
The amendment strengthens protections for people with disabilities by ensuring that a person placed under a guardianship does not automatically lose their fundamental right to vote.
What are people saying about this?
This one has the broadest support among the three. A wide variety of groups, like the ACLU and Americans for Prosperity, are in support. Supporters lift up that voting rights are under attack nationwide - this amendment will help make the right to vote explict in the Virginia Constitution. There are many attacks on voting rights on a national level, it’s time Virginia took the next step to secure it in here.
A main objection is that people who still owe fines shouldn’t get their vote back until they’ve paid. The reality is that if you can afford a lawyer, then you’re far less likley to be incarcerated. But if you’re in poverty, then you’re more likely to go to prison. Once you’re in prison, you begin to accrue debt. So once you’re out, you’re poorer than when you went in. Returning citizens typically aren’t able to pay their prison debts off. With Black and Brown people disproportionately impacted by the criminal justice system and poverty, then this ‘pay all your fines’ argument has a discriminatory impact. Whatever fines they have to pay are still owed, but denying someone a ballot doesn’t collect a dime. It just keeps them on the outside.
Those who are against government waste will appreciate the efficiency here. Whatever can be done automatically is a win in my book.
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Years ago, I led the advocacy to repeal the drug felony ban. People with drug felonies on their records were barred for life from the SNAP and TANF welfare programs. Our argument was this: once you’ve served your time, you shouldn’t also face a life sentence. This was cruel - especially given that there are so many people in poverty who end up in prison. Welfare bans simply made a hard thing worse and increased recidivism.
A similar argument applies here - after you’ve served your sentence, you shouldn’t face a life sentence and remain banned from voting, left at the beck and call of a benevolent executive. Don’t tread on me, amirite?
For these reasons, I voted yes.
Doomerism? No, do-more-ism!
Curious what other things you’ll see on your November ballot besides candidates? Here’s a list.
Make a plan to vote early. Early voting is happening between now and 10/31. Election Day is 11/3.
Send this to one person who didn’t know amendments are on the ballot.
Onward and upward,
Salaam
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Full Text of the Amendment Language
[Proposed new language is underlined. Deleted old language is stricken.]
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