U.S. District Court Rules the Virginia Cannot Continue to Bar Many Felons from Registering to Vote, Due to 1870 Act of Congress that Readmitted Virginia

On January 22, U.S. District Court Judge John Gibney, an Obama appointee, issued an opinion in King v O’Bannon, e.d., 3:23cv-408. He ruled that Virginia cannot continue to bar many felons from registering to vote. The basis for the decision is the 1870 act of Congress that readmitted Virginia to the union. The 1870 law said that Virginia was readmitted as a state, only if it promised not to limit voting, except that the bill said Virginia could continue to disenfranchise persons who had committed a felony “at common law.”

Since then, Virginia has barred all persons who committed a felony from registering to vote. The list of “felonies at common law” back in 1870 only included about a dozen crimes. Of course, nowadays there are many more felonies.

The plaintiffs are voters who had been disenfranchised because they violated certain drug laws, laws which did not exist in 1870. Therefore, they and similar members of a class may now register to vote. It is not known if the state will appeal. See this news story.


Comments

U.S. District Court Rules the Virginia Cannot Continue to Bar Many Felons from Registering to Vote, Due to 1870 Act of Congress that Readmitted Virginia — 8 Comments

  1. I’m a convicted felon, restore my rights since Trump has 34 felonies and still can vote

  2. That’s up to your state, and Trump’s convictions are blatant ridiculous political Lawfare.

  3. I see my esteemed co-commentor thinks his cult leaders covictions were politically motivated.But he needs to know history books used in school that will be read by his grandkids will have his convictions in there….all 34 of them.As for his adopted state, ell thats up to them, as for forgiving felons in Virginia, if you done the time then you earned the right to vote!

  4. Depending on your crime, if all sentences, probations/paroles,fines etc are satisfied you can apply to the governer to have your voting rights restored…i did and have voted in several elections. I can’t touch a firearm but I can vote.

  5. Trump is not my cult leader. His convictions are obviously political trash and will be overturned long before history books are written. There really should be no such thing as ex felons. Death or deportation should be the default for felonies, not time.

  6. Being the best president of my lifetime is still a low bar given how bad the rest have been. Trump is a fulcrum point, but we have a long, long way to go to anything approaching good. Maybe if we could reincarnate Andrew Jackson again America would truly be great.

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