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R-15-29 <br />A RESOLUTION SUPPORTING THE ADOPTION OF A CONSTITUTIONAL <br />AMENDMENT PROVIDING FOR THE AUTOMATIC RESTORATION OF THE <br />VOTING RIGHTS OF FELONS UPON RELEASE FROM INCARCERATION. <br />WHEREAS, Article II, Section 1 of the Virginia Constitution provides that no <br />person who has been convicted of a felony shall be qualified to vote unless his rights <br />have been restored by the Governor or other appropriate authority; and <br />WHEREAS, this language has been construed to mean that the Virginia General <br />Assembly has no authority to establish by statute any conditions or procedures under <br />which civil rights, including the right to vote, can be restored to convicted felons; and <br />WHEREAS, Virginia's limitation on the restoration of the voting rights of felons <br />is among the most restrictive in the nation; and <br />WHEREAS, this limitation is inextricably linked to post-Reconstruction <br />discrimination, including through the Virginia Constitution of 1902, which expanded <br />restrictions on voting by those with criminal convictions for the express purpose of <br />disenfranchising African Americans; and <br />WHEREAS, the limitation continues to have a substantial discriminatory impact <br />today, as evidenced by a study conducted by The Sentencing Project which found that as <br />of December 2010 twenty percent of all adult African Americans in Virginia did not have <br />the right to vote; and <br />WHEREAS, voting is a fundamental civic right and responsibility, and the <br />disenfranchisement of felons is contrary to the goal of re-integrating those who have <br />served their time into society as productive citizens; and <br />WHEREAS, Virginia's recent governors, Democrat and Republican alike, have <br />recognized the inherent injustice of the broad limitation in the Constitution and have <br />issued Executive Orders attempting to ease the restrictions on the restoration of rights; <br />and <br />WHEREAS, while the Executive Orders constitute progress, ex-felons convicted <br />of certain categories of crimes remain subject to a multi-year waiting period after release <br />and an arduous application process if they seek to have their rights restored; and <br />WHEREAS, Executive Orders are further revocable by subsequent governors <br />and are insufficient guarantors of the rights they create; and <br />WHEREAS, those who have paid their debt to society by serving their allocated <br />prison time ought, upon release, to have all of the rights of any other citizen; and <br />WHEREAS, it is therefore imperative that Article II, Section 1 of the Virginia <br />Constitution be amended to provide for the automatic restoration of voting rights upon a <br />