CODE OF VIRGINIA

RESTORATION OF THE CIVIL RIGHT TO BE ELIGIBLE TO REGISTER TO VOTE TO CERTAIN
PERSONS (§ 53.1-231.2)

This section shall apply to any person who is not a qualified voter because of a
felony conviction, who seeks to have his right to register to vote restored and
become eligible to register to vote, and who meets the conditions and
requirements set out in this section.Any person, other than a person (i)
convicted of a violent felony as defined in § 19.2-297.1 or in subsection C of
§ 17.1-805 and any crime ancillary thereto, (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 a felony pursuant to § 24.2-1016, may
petition the circuit court of the county or city in which he was convicted of a
felony, or the circuit court of the county or city in which he presently
resides, for restoration of his civil right to be eligible to register to vote
through the process set out in this section. On such petition, the court may
approve the petition for restoration to the person of his right if the court is
satisfied from the evidence presented 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
demonstrated civic responsibility through community or comparable service; and
that the petitioner has been free from criminal convictions, excluding traffic
infractions, for the same period.If the court approves the petition, it shall so
state in an order, provide a copy of the order to the petitioner, and transmit
its order to the Secretary of the Commonwealth. The order shall state that the
petitioner’s right to be eligible to register to vote may be restored by
the date that is 90 days after the date of the order, subject to the approval or
denial of restoration of that right by the Governor. The Secretary of the
Commonwealth shall transmit the order to the Governor who may grant or deny the
petition for restoration of the right to be eligible to register to vote
approved by the court order. The Secretary of the Commonwealth shall send,
within 90 days of the date of the order, to the petitioner at the address stated
on the court’s order, a certificate of restoration of that right or notice
that the Governor has denied the restoration of that right. The Governor’s
denial of a petition for the restoration of voting rights shall be a final
decision and the petitioner shall have no right of appeal. The Secretary shall
notify the court and the State Board of Elections in each case of the
restoration of the right or denial of restoration by the Governor.On receipt of
the certificate of restoration of the right to register to vote from the
Secretary of the Commonwealth, the petitioner, who is otherwise a qualified
voter, shall become eligible to register to vote.

HISTORY: 2000, c. 969; 2003, c. 946.