Civil rights groups have filed new legal papers to help restore voting rights to thousands of Virginians with felony convictions. The groups, including the ACLU of Virginia, argue that the state’s current law violates an old federal law from 1870.
Virginia is one of only three states that permanently take away the right to vote from people with felony convictions unless the governor decides to give it back. The groups say this breaks the Virginia Readmission Act, a law from after the Civil War that limits which crimes can cause someone to lose voting rights.
The 1870 law only allowed voting to be taken away for serious crimes like murder or rape, not for modern offenses like drug possession. But Virginia now removes voting rights for many crimes, including drug offenses, which the lawsuit says unfairly affects Black and brown communities.
People like Toni Heath Johnson, who lost her right to vote because of drug-related charges, say this is like a “second sentence” because it stops them from having a say in their community. Another plaintiff, Tati Abu King, pointed out that many Black men in Virginia can’t vote, which hurts their ability to participate in democracy.
According to national data, about 1 in 8 eligible Black voters in Virginia cannot vote due to felony convictions — much higher than the national average.
The lawsuit builds on a 2024 court ruling that allowed the case to move forward, saying there may be a federal law violation. However, some claims were dismissed, and questions remain about who is responsible for enforcing the rules.
Since Governor Glenn Youngkin took office, he has ended automatic restoration of voting rights that previous governors had supported. Now, people with felony convictions must apply individually for their rights to be restored, and each case is reviewed separately.
The lawsuit challenges this system, calling it unfair, secretive, and rooted in racism. The groups say that after the Civil War, laws were designed to prevent Black people from voting by expanding felony definitions to target them.
By seeking to represent a large group of people, the plaintiffs hope to bring change for hundreds of thousands who are currently unable to vote in Virginia.
A trial is scheduled for October 23, 2025, just before important state elections.
SOURCE: Virginia Mercury