This article was reprinted with permission from .听
Tati Abu King, who was formerly incarcerated for a felony, has been waiting years to be able to vote again.
A court ruling this year that found Virginia鈥檚 rights restoration process had violated a Civil War-era law means that this fall, he鈥檒l be able to cast a ballot in congressional elections and weigh in on an amendment to cement voting protections for other ex-offenders.鈥淚 want to set a precedent for my kids, grandkids, nieces and nephews. I can鈥檛 tell them to go out and vote if I can鈥檛 do it myself,鈥� King said in a to Virginia鈥檚 American Civil Liberties Union website, the organization that represented him and others in the class action lawsuit challenging Virginia鈥檚 restoration of rights process. 鈥淚 want to set an example. The world is in uproar and chaos right now. It鈥檚 about trying to make things right.鈥�
A federal court ruled earlier this year that Virginia鈥檚 current disenfranchisement of anyone with felony convictions violates laws that required former Confederate states to guarantee voting rights for newly-emancipated Black residents.
The series of laws, called the , had barred states from constitutionally disenfranchising people other than those convicted of crimes considered common law at the time. Under current law, however, unless they鈥檝e petitioned a governor successfully.
The federal judge had originally given state officials a May 1 deadline to make sure that many of today鈥檚 crimes don鈥檛 strip voting rights. A new joint filing last week between King鈥檚 lawyers and the Office of Attorney General Jay Jones, grants an extension to June 1.
鈥淲e are committed to working with the Commonwealth to implement this historic expansion of voting rights and ensure newly eligible voters know their rights have been restored,鈥� said ACLU attorney Vishal Agraharkar. 鈥淚t鈥檚 past time for us to finally and formally right this wrong.鈥�
Groundwork for a constitutional amendment
The legal back and forth represents a multiyear effort to ensure people who are done serving time can participate in the democratic process again.
King鈥檚 lawsuit challenged Virginia鈥檚 historic disenfranchisement by targeting former Republican Gov. Glenn Youngkin, who鈥檇 adjusted a once-automatic process to restore voting rights when someone finishes their sentence.
Two previous governors had streamlined that process before Youngkin switched the process to petition-based. With little clarity on what would garner a successful petition, under his tenure.
Concurrently, state lawmakers advanced an effort to into the state鈥檚 constitution. Having cleared the legislature two years in a row, it will appear on statewide ballots this November 鈥� meaning King and others will be able to vote to change the constitution that had once disenfranchised them.
鈥淰oting to me means that my voice is being heard,鈥� King said. 鈥淚t means that I am fulfilling my obligation as a citizen of this state and of this country.鈥�
When Gov. Abigail Spanberger signed the measure to advance the amendment to a ballot referendum earlier this year, she said: 鈥淲hen Virginians have paid their debt to society, they deserve to regain their right to vote.鈥�
As state agencies work to formally define the list of crimes that may qualify or disqualify past offenders, June 1 will become the first day of eligibility for some to register to vote without first needing a governor鈥檚 approval. Details on how to register to vote are available on the .
