53.1-231.2 - Restoration of the civil right to be eligible to register to vote to certain persons.
§ 53.1-231.2. Restoration of the civil right to be eligible to register tovote to certain persons.
This section shall apply to any person who is not a qualified voter becauseof a felony conviction, who seeks to have his right to register to voterestored and become eligible to register to vote, and who meets theconditions and requirements set out in this section.
Any person, other than a person (i) convicted of a violent felony as definedin § 19.2-297.1 or in subsection C of § 17.1-805 and any crime ancillarythereto, (ii) convicted of a felony pursuant to §§ 18.2-248, 18.2-248.01,18.2-248.1, 18.2-255, 18.2-255.2 or § 18.2-258.02, or (iii) convicted of afelony pursuant to § 24.2-1016, may petition the circuit court of the countyor city in which he was convicted of a felony, or the circuit court of thecounty or city in which he presently resides, for restoration of his civilright to be eligible to register to vote through the process set out in thissection. On such petition, the court may approve the petition for restorationto the person of his right if the court is satisfied from the evidencepresented that the petitioner has completed, five or more years previously,service of any sentence and any modification of sentence including probation,parole, and suspension of sentence; that the petitioner has demonstratedcivic responsibility through community or comparable service; and that thepetitioner has been free from criminal convictions, excluding trafficinfractions, for the same period.
If the court approves the petition, it shall so state in an order, provide acopy of the order to the petitioner, and transmit its order to the Secretaryof the Commonwealth. The order shall state that the petitioner's right to beeligible to register to vote may be restored by the date that is 90 daysafter the date of the order, subject to the approval or denial of restorationof that right by the Governor. The Secretary of the Commonwealth shalltransmit the order to the Governor who may grant or deny the petition forrestoration of the right to be eligible to register to vote approved by thecourt order. The Secretary of the Commonwealth shall send, within 90 days ofthe date of the order, to the petitioner at the address stated on the court'sorder, a certificate of restoration of that right or notice that the Governorhas denied the restoration of that right. The Governor's denial of a petitionfor the restoration of voting rights shall be a final decision and thepetitioner shall have no right of appeal. The Secretary shall notify thecourt and the State Board of Elections in each case of the restoration of theright or denial of restoration by the Governor.
On receipt of the certificate of restoration of the right to register to votefrom the Secretary of the Commonwealth, the petitioner, who is otherwise aqualified voter, shall become eligible to register to vote.
(2000, c. 969; 2003, c. 946.)