From the Virginia NAACP:
Court of Appeals Orders Lower Court to Rule on Whether Governor Youngkin Violated the Law by Previously Withholding Public Records Related to Voting Rights Restoration Process
RICHMOND, VA – The NAACP Virginia State Conference (Virginia NAACP) received a favorable ruling in Virginia State Conference NAACP, et. al., v. Governor Glenn A. Youngkin, et. al., its ongoing Virginia Freedom of Information Act (VFOIA) lawsuit to obtain public records related to Governor Glenn Youngkin’s process for denying the restoration of voting rights from thousands of Virginia citizens with past felony convictions. The Court of Appeals of Virginia has instructed a lower court to determine whether Governor Youngkin’s office violated the VFOIA by initially withholding hundreds of public records, only producing them after the Virginia NAACP filed suit. The withheld records include critical emails between the Director of Clemency and individuals whose applications were denied without explanation, demonstrating the lack of transparency and accountability in a process that disproportionately negatively impacts Black Virginians.
“This ruling coincides with the 60th anniversary of the Voting Rights Act of 1965, highlighting the ongoing struggle for equitable voting access, said Rev. Cozy Bailey, president of the Virginia NAACP. “It is shameful that the Governor continues to fight to keep secret the details of a process that has disenfranchised thousands. We again call on Governor Youngkin to end this policy and swiftly retore the voting rights of all of Virginia’s returning citizens.”
The lawsuit underscores the urgent need for reforms in Virginia’s voting rights restoration process amidst a legacy of racial injustice. Felony disenfranchisement was expanded in the 1902 Constitution with the explicit purpose of disenfranchising Black Virginians. This effect continues today—as recently as 2020, Black Virginians were disenfranchised at a rate approximately three times that of Virginians overall.[1]
“This ruling is a victory for ensuring transparency and accountability for our public officials in Virginia,” said Ryan Snow, counsel with the Voting Rights Project of the Lawyers’ Committee for Civil Rights Under Law. “As we will now prove in open court, Governor Youngkin was willing to violate the law in withholding these records in order to escape public scrutiny. He continues to hide the truth about his rights restoration policy, which perpetuates the racially discriminatory effects of felony disenfranchisement and prevents many thousands of otherwise eligible Virginians from participating in our elections.”
The previously withheld emails with applicants underscore the arbitrariness of the process. One nonviolent offender whose application was denied without explanation replied to the governor’s office: “Is there a reason why? After all, I feel I deserve an explanation because I’m not a violent felon and I am trying to do something with my life…. This is very discouraging.” Despite previously stating that nonviolent offenders would be given priority, the administration’s only response was that “[t]he Governor has final decision in rights restoration and has the discretion to grant or deny individuals after the review period has been completed.” Another applicant was told: “[Y]ou did not meet the eligibility requirements at the time you requested restoration of rights. Requirements may have changed from the date your application closed.”
The Virginia NAACP is represented by the Lawyers’ Committee for Civil Rights Under Law and Hogan Lovells US LLP. A copy of Virginia NAACP’s initial VFOIA request letter, VFOIA lawsuit court filings, and all of the documents thus far produced can be found at: naacpva.us/FOIA-RestorationOfRights
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About the VIRGINIA NAACP
Chartered in 1935, the Virginia State Conference NAACP (Virginia NAACP) is the oldest and largest nonpartisan civil rights organization in the Commonwealth. The Virginia NAACP advocates, agitates, and litigates for civil rights due to Black Virginians. Representing over 100 NAACP adult branches, youth councils, and college chapters, together, we fight to build the social and political power required to abolish racial discrimination in localities throughout Virginia. To learn more about the work of the Virginia NAACP and the issues we advocate for, visit naacpva.org.
About the Lawyers’ Committee for Civil Rights Under Law
The Lawyers’ Committee for Civil Rights Under Law is a nonpartisan, nonprofit organization, formed in 1963 at the request of President John F. Kennedy to mobilize the nation’s leading lawyers as agents for change in the Civil Rights Movement. Today, the Lawyers’ Committee uses legal advocacy to achieve racial justice, fighting inside and outside the courts to ensure that Black people and other people of color have the voice, opportunity, and power to make the promises of our democracy real. For more information, please visit lawyerscommittee.org.
