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July 26, 2009
VA: Restoring the Rights of Persons with Felony Conviction. History and Restoration Procedures from RIHD
Restoring the Rights of Persons with Felony Conviction
In 2008, we Americans headed to the polls in record numbers to vote for our president. Nationally, this included many first-time voters with prior felony convictions.
On Nov. 3, 2009, Virginians will head to the polls to vote for governor and many statewide legislators. How far has Virginia come in restoring the rights of persons with felony convictions to enable them to vote this year?
Will you be able to vote and make a difference come November? Will a a record number of Virginians with a prior felony participate in the process, or will they continue to be denied and disenfranchised?
Wade Henderson, executive director of the Leadership Conference on Civil Rights, proclaims that, prior to the Civil War, African-Americans were almost totally disenfranchised. Even after enactment of the 15th Amendment to the Constitution, which guarantees the right to vote, many states continued to use various methods to prevent African-Americans from voting, including literacy tests, poll taxes, the disenfranchisement of former inmates, intimidation, threats and even violence!
The Voting Rights Act of 1965 was a new beginning for African-American citizens. For the first time, the federal government required states to comply with the 15th Amendment. However, lifetime disenfranchisement of former felons continues today in two states: Virginia and Kentucky!
According to the Drug Policy Alliance, “The United States is the only democracy in which some people who have served their sentences can still lose their right to vote. Approximately 4.7 million people in the U.S. cannot vote because of a felony conviction.”
Of these 4.7 million people, the Commonwealth of Virginia accounts for 350,000. These convicted felons, most of whom were convicted of nonviolent offenses, are productive citizens, assets to society, are in our communities, have paid their debts to society, earned a second chance in almost all aspects of their life, yet remain disenfranchised for life. Virginians you should be outraged!
Currently in Virginia, all persons convicted of a felony, regardless if the felony was a nonviolent or violent offense and received five, 10, 20 or even 40 years ago, must apply through a lengthy process directly to the governor, who has the sole discretion whether to restore their rights. If the application is denied, the applicant must wait two years to reapply.
Many civil rights organizations and faith-based advocacy groups continue to work, both legislatively and through the governor, to remove barriers to voting in Virginia faced by people with felony convictions. During the 2009 General Assembly session, several bills were proposed for the automatic restoration of voting rights. Unfortunately, all “FAILED.”
Action Call by Resource Information Help for the Disadvantaged (RIHD) and Prisoners and Families for Equal Rights and Justice (PAFERJ)
Contact your state legislators today in support of automatic restoration of civil rights for persons with a felony. Article One, Section Six of the Constitution of Virginia provides that “all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right to suffrage ….” Therefore, we ask that you contact the governor in support of doing away with the expensive bureaucracy of past administrations and increase the likelihood of successful reintegration for our returning neighbors by simply restoring the voting rights of felons upon their release from prison.
RIHD & PAFERJ provide filing assistance with the Restoration Voting and Civil Rights application every Tuesday and Thursday from 4-7 p.m (by appointment and walk-in) at Wesley Memorial United Methodist Church; 1720 Mechanicsville Turnpike; Richmond, Virginia 23223 with pro-bono public notary on premise. Other organizations such as the Virginia Organizing Project, Re-entry Initiative of Lynchburg and others provide similar services, both in Richmond and throughout the Commonwealth of Virginia.
Virginia Eligibility Requirements:
Non-violent/**Non-drug Felonies - Short From: Has it been 3 years since conviction, release, paid all fines and restitutions? If your felony convictions did not involve charges for violence or for drug manufacturing or distribution, you may fill out the short application for the restoration of your rights. **Simply "drug possession" is included in short form. To expedite application bring original or copy with government seal criminal record, receipt/proof of paid restitution & fines, parole release (applicable).
Violent / Drug Distribution Felonies - Long Form: Has it been 5 years since conviction, release, paid all fines and restitutions? If you have been convicted of a violent offense, a drug manufacturing or distribution offense, or an election law offense (voter fraud), you must use the longer form below to apply for restoration of rights. "Intent" drug manufacturing/distribution is considered a violent offense. Bring original or copies with government seal of criminal record, receipt/proof of paid restitution & fines, parole release. To expedite application process, no less than three(3) reference letters (e.g. employer, church, friends, community, volunteer work, etc. except family related by blood or marriage)
If you or anyone you know continues to be disenfranchised of their civil rights, need assistance in obtaining any of the required documents, and/or for service location in your area,
please contact us for assistance.
For additional information, schedule appointment, and how you can help, call or e-mail Lillie (Ms. K) Branch-Kennedy (RIHD) at (804) 562-2123; rihd23075@aol.com
www.rihd.org
Posted by lois at July 26, 2009 08:52 PM
