Constitutional Law

Virginia governor's blanket order restoring voting rights for felons is struck down

  •  
  •  
  •  
  •  
  • Print.

Virginia Gov. Terry McAuliffe

Virginia Gov. Terry McAuliffe. s_bukley / Shutterstock.com

The Virginia Supreme Court on Friday struck down an executive order by the governor that restored voting rights for all felons in the state who had completed their sentences and supervised release.

The court ruled 4-3 (PDF) that Gov. Terry McAuliffe’s blanket order violated the state constitution and separation of powers principles, report the Election Law Blog, the Washington Post and the Richmond Times-Dispatch.

“The clemency power may be broad,” the majority said, “but it is not absolute.” The court noted that no other governor has interpreted his clemency power so broadly, including former Gov. Tim Kaine, who is now Hillary Clinton’s running mate.

The court ordered voter registrations canceled for felons who registered as a result of McCauliffe’s order—about 13,000 people, according to a statement by McAuliffe.

McAuliffe says he will sign individual orders restoring the right to vote for the felons who had registered. More than 200,000 felons were eligible as a result of the executive order.

McAuliffe is a Democrat. Republicans have contended he is trying to help Hillary Clinton by adding voters likely to vote Democratic in the swing state.

Hat tip to the Marshall Project.

Give us feedback, share a story tip or update, or report an error.