Democrats and civil-rights groups likened Gov. Bob McDonnell's proposal to require a letter from nonviolent felons seeking voting rights to "taking a horrific step back."
Already fired up by the governor's proclamation of April as Confederate History Month, the groups asked McDonnell to rescind a proposed change in the process for restoring voting rights.
The change would reinstate a requirement that nonviolent felons submit a letter explaining the circumstances of their arrest and conviction, subsequent strides in education or community service, and why the restoration is justified.
The letter would help streamline the process, Secretary of the Commonwealth Janet Polarek said. She said her office, which handles such cases, would have details at the ready to understand more about a person's story.
McDonnell aims to expedite the restoration process so that applicants receive a decision within 90 days. Virginia and Kentucky are the only states that do not grant automatic restoration of rights once a felon has completed his sentence.
Polarek said yesterday that the letter requirement still is under consideration and might not be part of the final process. Some applicants in the pipeline have been asked to submit a letter so as to not slow the process if the administration formally adopts that requirement, she said.
A notice from Polarek's office sent to an applicant, and provided to the Richmond Times-Dispatch by the Virginia chapter of the American Civil Liberties Union, gives the person 30 days to submit a letter.
In a statement, the Virginia Legislative Black Caucus said: "Governor McDonnell's decision to use the executive power granted to him to transform the restoration of voting rights from an objective process to a subjective one that is contingent on an original essay for nonviolent offenders is taking a horrific step back towards the era of Jim Crow."
Kent Willis, executive director of the ACLU of Virginia, said in a statement that the governor "appears to have reinstated the literacy test in Virginia" and that for people with limited education, the new requirement "is a nearly insurmountable obstacle."
If the applicant can't write the letter or would prefer not to, their attorney can write it for them, or the applicant can call her office directly and tell their story, Polarek said.
"Bob McDonnell will approve more applications this year than some previous governors have approved their entire term," Polarek said.
Del. Charniele L. Herring, D-Alexandria, told the governor in a letter that she thinks the proposed process would violate the separation of powers, and the Virginia Democratic Party called on the Republican governor to remove the requirement.
Thomas Winston, a Richmond resident who said he had his voting rights restored in 2006, still remembers what he wrote in his letter to then-Gov. Mark R. Warner, who ended the requirement for the letters from nonviolent felons.
The letter was about his beginnings, life in a foster home, and coming through a tough time in life, he said.
"It lets the state know where you are as far as where's your mind-set," said Winston, who would prefer an automatic restoration of rights but thinks the letter is a good idea. "I got out of prison and made a decision I want to do the right thing now. I want to move onto another level in my life."
Contact Olympia Meola at (804) 649-6812 or omeola@timesdispatch.com.
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