McDonnell in hot water over nonviolent felons' rights

Gov. Robert F. McDonnell. (Steve Helber/AP)

Only Virginia and Kentucky require an act of the governor to restore voting rights to felons. The vast majority of states, including Maryland, automatically restore voting rights after a sentence is completed. The District allows felons to vote upon their release from prison.

In Virginia, under a system designed by then-Gov. Mark R. Warner (D), felons convicted of nonviolent crimes have been able to apply to have their voting rights restored by filling out a one-page form with information about their arrest and conviction.

Bernard Henderson, who served as deputy secretary of the commonwealth under Warner and his successor, Timothy M. Kaine (D), said voting rights were restored to applicants who had clean records for three years after their sentences were completed. He said that restoration was not automatic but that rights were restored to about 95 percent of those who applied.

In coming weeks, McDonnell will start requiring nonviolent offenders to write a letter to him explaining the circumstances of their arrest; their efforts to get a job, seek an education and participate in church and community activities; and why they believe their rights should be restored. Some applicants already have been notified that letters will be required.

Groups that work with felons to help restore their rights worry that applicants will be intimidated by the essay and will not bother to apply.

"The governor may be able to fulfill his campaign promise to process applications more quickly, but if there are fewer applications due to more onerous requirements, there will still be fewer individuals having their rights restored,'' said Kent Willis, executive director of the Virginia branch of the American Civil Liberties Union.

Polarek said that if applicants had trouble with the essay, they could have a lawyer or someone else write it for them; they could even call her office for help. She said her office would hold a meeting with the ACLU, churches and other groups that work with felons to explain the process.

Applicants will be judged on whether they have fulfilled their sentences and are contributing members of society, according to McDonnell administration officials. Decisions will be made by the secretary of the commonwealth's office and the office of the governor's counsel. McDonnell will not review the cases.

Felons who commit violent or drug-distribution crimes have to wait five years to apply to have their rights restored in Virginia. They have to fill out a longer form, submit reference letters and certified copies of court documents, and write a letter to the governor. That process will not change. McDonnell will review those cases, as other governors have.

Before Warner's changes, the same process applied to nonviolent offenders.

Kaine restored the civil rights of a record 4,402 felons during his term, and Warner restored rights to 3,486. Republican predecessors James S. Gilmore III and George Allen restored rights to 238 and 460 felons, respectively.

In the past, Republicans have asserted that Democratic governors have restored voting rights to more felons than have Republican governors because felons are more likely to vote for Democrats.

About 650 cases remained open when Kaine left office, according to Christie Heath, McDonnell's deputy secretary of the commonwealth. Since McDonnell's inauguration, Heath said applications have been received from 213 nonviolent and 55 violent offenders, although 93 were returned because they were incomplete.