Lynchburg ex-convict excited to have his voting rights returned

LYNCHBURG -- Tomorrow's election will be the last time Jerry Smith won't vote.

A couple of crimes from about 40 years ago, when he was a teenager, cost Smith the right to a spot at the polls.

But it wasn't until his status as a convicted felon also cost him a job he loved that he decided to regain what was lost amid his convictions -- his right to vote, serve on a jury and run for political office.

Smith, a Lynchburg resident, was convicted of robbery in 1970 and of petit larceny in 1971. He served his time and paid his restitution many years ago. He kept out of trouble, got married, raised a family and now spends time with his 12 grandchildren.

When those two convictions showed up in a background check a couple years ago at Mary Bethune Academy, Smith lost his position there as a bus driver, because he directly interacted with the preschoolers.

"If they never took me off the bus, I wouldn't have gotten my rights back," he said. "I wouldn't have pursued it."

On Oct. 9, Gov. Timothy M. Kaine reinstated Smith's rights. However, that decision came too close to Election Day for Smith to register in time to vote. The 58-year-old has never voted.

He became the 4,001st convicted felon to have his rights restored during Kaine's tenure, out of 6,264 who have applied.

Virginia remains one of only two states that bars all convicted felons from voting, serving on juries and running for or holding political office, unless the governor intervenes. The other is Kentucky.

In 2006, Smith was awarded the Nancy L. Sorrells Award by the United Way of Central Virginia for his service in the community. In the nomination letter, Ester Wood, executive director of the academy, wrote that Smith was one of the "kindest and most dedicated people" she has worked with, adding that he has always been around to help.

"It's done. It's history," she said of Smith's conviction. "There is an imbalance in how the law impacts people. I know there has got to be a line somewhere, but this one is drawn in the wrong place."

According to The Sentencing Project, a nonprofit for research and advocacy on criminal-justice issues, those with convictions are often under the misunderstanding that once convicted they have forever lost their right to vote.

"It's amazing the amount of young black men that have lost their rights and will never get them back," said Walter Fore, a local civil-rights advocate who helped Smith apply to have his rights restored.

"Once you serve your time, and it's not a hard-core crime like murder or rape, your rights should be restored. It should be automatic."

Carrie J. Sidener is a staff writer for the News & Advance of Lynchburg.