The Voting Effect of Virginia’s Move on Felons? Small but Potentially Decisive

Apr 23, 2016 · 54 comments
Anita (Nowhere Really)
This guy is pandering for the VP nomination. He is as corrupt as they come in Va and has already sold his soul to Dominion Power and many others. His intentions are only self-served. Thank goodness he can only serve for four years. It would be refreshing if his intentions were good.
Anita (Nowhere Really)
This guy is such a sleaze even by political standards. All of us in VA know that he did not not because it was compassionate but to garner votes for HC and hopefully put him in the running for the VP. I can't wait to get this out of Va.
Matthew (Richmond,VA)
Purely a political move to produce more Hillary voters. If he felt this was a moral issue, one would have thought that he would have done it sooner and not in such proximity to the presidential election.
Chris Gibson (Washington, D.C.)
Evidently, the opposite effect of having felons prevented from voting in jails while their presence benefits the congressional district by being credited to the population base has been decisive in making ours a prison oriented culture.
jwp-nyc (new york)
The root of all rights is the right to vote.

This nation has had a long-standing conflict of opinions regarding the right to vote, and one-man one vote.

Originally only white, landed, males could vote.

The agrarian advocate of the South, Thomas Jefferson, helped petition for preferential weighting of the vote to favor Southern Slave holders by accrediting each of them 3/5ths of an additional vote per every slave they held. The idea was to provide a leavening against the potential 'tyranny' represented by the North where a denser population held sway largely due to burgeoning cities such as New York.

Fast forward to our prison culture of today, and a similar, yet different situation. Felons in rural prisons are counted into their census base. Their bodies are apportioned into the allocation of the congressional district- It's just like 3/5ths of a vote per slave. Prisoners don't benefit from that extra weighting. And, as of today, and historically, they don't get to vote either. What does this mean and how does it wind up impacting the shape of our nation?

Corporate Prisons and unions of prison guards wind up being the beneficiaries of the extra political clout. The sickness of our jailed society is furthered by this sick, discriminatory math.

Beyond this, there is the evil punishment after the 'debt to society has been discharged.' Stop! Enough! The dynamic of this deal with the devil is evil incarnate and crime perpetuating.
Kamdog (NY)
This is how it is in most states of the Union.

You pay your debt to society, and you gain some rights back that you lost. Not all of them, but some. Voting is not a potential danger to others.
abickley (Madison, WI)
The scant turnout of ex-prisoners may have more to do with the culture of control than with youth and individuality. In the early 1940s voter turnout for presidential elections was in the single digits in some southern states where voting by whites of modest circumstances as well as by blacks was discouraged.
Ryan Bingham (Up there)
I guess if the felons are considering committing more crime they'll vote for stricter gun control for the rest of us.
jwp-nyc (new york)
The right to vote seems sensible. The right to shoot people, seems poorly thought out now that we no longer live on the frontier without law enforcement. The right to own a gun isn't being questioned. But, the likelihood of a gun being stolen and then used to commit a crime has been established. So what's your point?
Matthew McLaughlin (Pittsburgh PA)
This and the earlier article, Virginia Governor Restores Voting Rights to Felons (4/23), makes it evident that his action was driven in very substantial (inferentially exclusive) part not by any intrinsic merit but by a desire to pack Dem voting rolls.

Another example of the gifts that keep on giving from Dems for The Donald in the general election. Can hardly wait for the ad: Noting the action and the purpose. Accompanied by a photo of McAuliffe with his cunning grin and snippets of his-very questionable- political pedigree.
abickley (Madison, WI)
Or by simple justice.
Aardvark (Glen Head, NY)
So do they now have to serve on jury duty or are they still excluded? Seems that with the right to vote restored they should also get all of the responsibilities.
Blue Ridge Boy (On the Buckle of the Bible Belt)
The right to serve on juries, to vote, and to run for elective office were all restored by the governor's action.
Tho Mas (Chicago Il)
Did they get their 2nd amendment rights back as well?
David Godinez (Kansas City, MO)
But the Governor has not handed the "extra edge" just to the Democrats, he has handed it to whoever is running for President in the state. Everyone can compete for these voters. If I were the Republicans, I would be working just as hard as the Democrats to get the records on ex-felons, and working on my pitch to them. You probably can't blunt that entire half a point, but you can certainly knock some of it off. This is where electoral politics hits the road.
NYT Reader (Virginia)
Nobody who is resuscitated voter, and is from the coal fields, will vote for Mrs. Clinton. Mrs. Clinton told all the coal miners, no more jobs.
Al (Fairfax, VA)
About time.
I am proud to be a Virginian
Tho Mas (Chicago Il)
Terry, are you going to give them their 2nd amendment rights back as well?
RJ (Tenn)
and how many actually thought this was motivated from / by concern for the convicted people and disregard of the victims of the crimes ...
dolly patterson (Redwood City, CA)
RJ-- I do! This is about justice...did you see the governor on PBS Newshour tonight? http://www.pbs.org/newshour/bb/felons-whove-paid-their-debt-deserve-to-v...
Cas (CT)
Sure it is. And I am the queen of England.
Daniel (Virginia)
Your Majesty,

When a felon serves out their prison term and is returned to society, shouldn't they be allowed to serve & defend our country ?

Should they be allowed to seek employment and pay taxes ?

Should they be permitted as citizens to be included in the political process that decides how their taxes are spent ?

I invite you to read our US Constitution and think about the rights that are afforded "free men". If it turns out to be something you can't abide, well .... you seem to have a pretty nice set-up there in the old world.
Tom Mariner (Bayport, New York)
"Larger than Mr. Obama's margin of victory".

Democrats are ecstatic that their ex-national chairman and the chair of both Bill and Hillary's campaigns has used his position to blatantly create 200,000(!) votes just months before the election.

Will Democrats really ignore this blatant, partisan lack of ethics in their elected leaders? Yeah, I get the giving votes to those ex-felons who are not murderers and child rapists, along with those that are. But this has nothing to do with empathy, and everything to do with crass, brutal party politics.
dolly patterson (Redwood City, CA)
I have worked in drug recovery. My nephew was convicted of a felony bc of drugs when he was 18.....today he is an engineer at Microsoft....why should he not be allowed to vote?
Harold Lee Miller (<br/>)
But when Republicans consistently and blatantly erect barriers to voters in the states where they have the power to do so, they're just addressing the (literally non-existent) problem of voter fraud? I'd say that whatever the motive, giving more people the right to vote is on balance an undeniable "good", since they can vote in any way they like, while intentionally disenfranchising people for no legitimate reason is an indefensible "bad". I'll take the good any day.
John Buckholz (Brooklyn)
You have made a persuasive argument in favor of the abrogation of a basic constitutional right for those who have paid their prescribed debt to society.

Seriously, people like you are what keeps American exceptionalism alive. The longer we cling to outmoded and barbaric modes of punishment, the less we resemble the civilized world. I can see why we'd want to emulate Armenia, a country that also disenfranchises felons, and why we'd want to avoid the model of civilized countries like Canada, which allows many felons to vote even while incarcerated.
Rob Gallucci (New Jersey)
Of course felons will vote for Hillary. It's like voting for one of their own.
kbnyc (New York)
What happened to the state legislature? They just sat back let him do this? Does the state Constitution authorize this? These are questions that are extremely relevant is McAuliffe is a former Clinton crony and is known to be a MAJOR crook.
dolly patterson (Redwood City, CA)
kbnyc---the entire USA Constitution allows this.
Mike Wigton (san diego)
Wow! Now all the felons can vote for Trump, their kindred spirit in abuse of others!
PJ (Colorado)
Regardless of which party might benefit, which is better: to remove limits on voting or to impose them (and discriminate against the poor and non-white in the process)?
Blue Ridge Boy (On the Buckle of the Bible Belt)
@Physicist:

In Virginia, the clemency power lies solely with the governor; the General Assembly has no constitutional role in the process whatsoever. As is stated in Artlcle V, Section 12:

"The Governor shall have power to remit fines and penalties under such rules and regulations as may be prescribed by law; to grant reprieves and pardons after conviction except when the prosecution has been carried on by the House of Delegates; to remove political disabilities consequent upon conviction for offenses committed prior or subsequent to the adoption of this Constitution; and to commute capital punishment."

After decades of GOP efforts to disenfranchise as many citizens of the Commonwealth as possible, it is not the case, as you assert that "you cannot vote Democratic if you believe in democracy." Rather, the history of voter suppression in Virginia demonstrates with stark clarity that one cannot vote Republican and at the same time pretend to give a tinker's damn about the democratic process. Even if Governor McAuliffe's action today adds only another 30,000 or so votes to the Democratic total this November, those votes matter and will be instrumental in crushing whatever troglodyte the GOP nominates in Cleveland this summer. Huzzah! Huzzah!
Wilbray Thiffault (Ottawa. Canada)
If I understand well the ex-felons can not vote but still have to pay their taxes. As the roman emperor Vespasiaunus said so well: "Money has no smell".
QLew (Marietta, GA)
This is great. Of course there will be voices on the right that oppose this just act by the governor. The will scream that it all political. Where are these voices when laws, restrictions, and inconveniences are set up to discourage or keep people from voting. These same voices scream that they want to protect the right to vote but want to make it harder for sections of our society to participate. What hypocrisy.
Kerry (San Carlos, CA)
kudos to the Governor for doing the right thing. Let's help people reintegrate into society by helping them vote on issues, have a voice and be part of our communities again, not shutting them out.
dolly patterson (Redwood City, CA)
Allowing ex-felons to vote should not be about party manipulation.

It should be about justice. I applaud the governor for taking this stand.
Zoomie (Omaha, NE)
Not quite sure why everyone thinks it a given that ex-felons overwhelmingly vote Democratic...

Vermont and Maine allow actual prison inmates to vote, while serving their sentences, and in the last Presidential election (2012) they voted mostly Republican (55%)...
B (L)
Yes, in one of the whitest states in the country. Did you read the article?
ebmem (Memphis, TN)
It is interesting that you assert the prisoners in Vermont and Maine voted 55% Republican, since the state does not maintain statistics on how many prisoners vote, and would be unable to parse out how the prisoners voted from the rest of the population without violating ballot secrecy. And both states voted for Obama. Which makes it appear that you are making up statistics.
PeterS (Boston, MA)
Almost 10% of our population has felony record. Should we take away their representation for the rest of the life after they have served their time? I think not and I agree with Gov. McAuliffe taking a stand for what is right.
Ursa (Ecolodge)
He was just doing his predecessor a favor. Once Gov. McDermott completes his prison term, he can vote!
ebmem (Memphis, TN)
Watch him make an exception and not allow McDermott to vote. The executive order for that and subsequent months will re-enfranchise all released felons except those who held elected office as Republicans.
Blue Ridge Boy (On the Buckle of the Bible Belt)
It is McDonnell, not McDermott, a Republican, I might add.

I do believe the 11 counts on which he was convicted remain on appeal to the United States Supreme Court.
Cas (CT)
He was probably just making an insurance policy for himself, one of the crookedest people in public life and of course a Clinton crony.
George (NY)
Self-serving of Terry but worthwhile none the less.
Aunt Nancy Loves Reefer (Hillsborough, NJ)
People who have paid their debt to society should not be punished for the rest of their lives by excluding them from civic duties.
Well done, Governor.
reva madison (Virginia)
I would think that there would be no list of ex-felons available. Is that not a privacy item? The shocking thing to me is that this non-voting status for felons only came about, immediately after the civil war, and was designed for only one reason - they ( as stated in an aritcle I read) wanted to keep the "darkies" from voting. It seems the same with the with todays Republican leadership, doesnt it?
chris (usa)
What history books are you reading from? The 13-15 Amendments were all protections granting equal rights for blacks. All were unpopular with the Southern States and forced upon them. To their credit the drafters of the Amendments saw fit to allow the exclusion of rapist, murders, pedophiles, and other damn misfits that have been convicted of those and other criminal acts regardless of race. They deemed then not fit for such things as hold office, serve on juries and vote. How would you like to be a rape victim and the rapist is found innocent by 12 other rapists?

In short, it was not for the purpose of racial restrictions but the exact opposite ... racial equality. If you want to bash a party, democrat or republican show the ability to read between lines of whatever fodder is being pushed unto the sheeple.
ebmem (Memphis, TN)
Into the 1800’s, voting was limited to land owners. Until the income tax Amendment, the federal government was funded by tariffs and by assessments to the states that were based on the total population of the states, but the taxes were paid exclusively by the landowners of the states. There is a certain logic to the notion that “he who pays the piper calls the tune”, since it seemed illogical for people to be able to direct the government to take actions who had no skin in the game. The poll taxes were imposed in an attempt to disenfranchise, not blacks specifically, but to disenfranchise people who did not pay taxes. (Keep in mind that at that particular point in time, women did not have the vote either, except in some Western states.) It is a notion not consistent with today’s realities, but was not inconsistent with the philosophy of the day.

Every age has its inequities and inconsistencies. Since the income tax was passed early in the last century, the moneyed interests have “worked” with the government to draft tax rules to confer major benefits to themselves, shifting the burden to the working classes. The wealthy buy elected officials, who favor their cronies over the people. So instead of having the wealthy pay the piper, they get to call the tune for free. And the people are then lectured by Buffett, Gates, Steyer, Soros on policy while they are sitting on wealth that has never been taxed, and which they or their heirs will control in perpetuity.
ebmem (Memphis, TN)
In order to ensure that someone indicted for a crime gets a fair trial, criminal trials are conducted in public. Convictions are part of the public record. The government maintains lists of those convicted for several of its own responsibilities, such as identifying habitual offenders and denying gun purchasers. There is no privacy right to public records.
Physicist (Plainsboro, NJ)
What your analysis does not take into account are the many voters in Virginia who traditionally voted Democratic but believe strongly in democracy. In a democracy the legislature, not executive action, changes the law. The primary issue is not whether one agrees with the results of Gov. McAuliffe's action giving felons the right to vole or President Obama's executive action to undermine immigration law. For those who believe in democracy, process is more important than victory on a particular issue. Do you want the executive to be effectively a dictator, who can ignore legislatures, and even select who can vote and who can live in the country? The essentially unanimous support that the President received from the Democratic members of the House and the Senate on his executive order on immigration and the broad statements that Secretary Clinton makes on what she would do by executive action implies to many of us that you cannot vote Democratic if you believe in democracy.
Danni816 (White Plains, NY)
If you are arguing for the sake of democracy, what is more democratic than the ability to vote?
Jack Slagle (Florence CO)
The democratic republic process is more important than the how one earns their right to vote. The systems is designed so that the legislative branch authors the laws not the governor via executive order. If this holds in court it means a governor can simply change laws without checks or balances if he/she does not like the laws passed by the peoples' representatives.
Jeff Barge (New York)
Thank God! Now my dad can vote again! You've won my vote, sir.