The Virginia Governor's Rough, Racist Week

by Chris Cassidy · 2010-04-13 09:35:00 UTC

If you buy the lines of his spokespeople, Virginia Gov. Bob McDonnell asking to hear the life stories of nonviolent felons seeking restoration of their voting rights seems appropriate, or even compassionate. Having ex-cons submit an essay explaining themselves puts a face on their applications for voting rights, Virginia's Republican leaders say. "It's an opportunity, not an obstacle," says Secretary of the Commonwealth Janet Polarek, whose office handles such requests from the criminally disenfranchised.

Seems fair enough, right?

For those of you who haven't followed the story, here's some background. Late last week, news emerged that the Republican leadership of Virginia, including McDonnell and Polarek, planned to replace a one-page application for reenfranchisement with the requirement of a longer, free-form essay. In that essay, nonviolent felons would be required to explain the circumstances of their crime, their family life, what employment they have found since returning from incarceration and what contributions they are making to society. In other words, Gov. McDonnell is demanding that one of the least educated and literate slices of Virginian society draft an expansive essay simply to justify their participation in our democracy.

If you think this move echoes with the timbre of old Jim Crow laws, you are not alone. From the late 1800s to the 1960s, southern states required voters to pass literacy tests at polling places in order to cast their vote. White voters tended to pass the tests and vote. Black voters often failed the tests, and their votes were denied.

While literacy tests were banned by the federal Civil Rights Act of 1965 — preceding a dramatic expansion in black voter-registration — many states continue to deny voting rights to ex-cons after they have served their time. As with literacy tests, such disenfranchisement disproportionately bars people of color from participating in our democracy.

In fact, barring voters with past-criminal convictions eliminates the right to vote for 13% of African-American men, but only 2.5% of the U.S. population as a whole. Put another way, denying ex-cons the right to vote is over seven times more effective at disenfranchising black men than the general population.

You might not be surprised to learn that disenfranchising ex-cons is also a relic of the Jim Crow-era, and was originally intended to keep African-Americans from voting. Tragically, however, this relic is alive and well, and remains an effective means of minimizing black voices in our democracy.

So Gov. McDonnell wants to put a face to these applications, does he? One might countenance this argument if it wasn't the second racially hostile move by Virginia's governor within the span of days. But not only did McDonnell mark last week by placing another obstacle before those with prior criminal convictions, he began the week with an announcement about the need to celebrate "Confederate History Month."

What's more, in doing so, McDonnell actually managed to omit any mention to slavery in his proclamation. That's right: he forgot to mention slavery (a fact he later apologized for), and he refused to distance himself from honoring what he called "the sacrifices of the Confederate leaders, soldiers and citizens during the period of the Civil War." (Does anyone remember the last Virginia governor who had such a rough, racist week?)

Outraged?!? Here are two things you can do to speak out against Gov. McDonnell's racially provocative policies and proclamations.

Call Gov. McDonnell at (804) 786-2211 or email him here and explain that these actions hurt Virginians, impair American democracy and damage our image abroad.

You can also contact your Representative and both of your Senators, and urge them to support the Democracy Restoration Act, a federal solution which will restore voting rights to those with past-criminal convictions nationwide. We have a federal government for a reason. If the states will not defend these rights, let's come together as a nation to do it for them. After all, we're only as strong as our weakest link.

Photo Credit: VA DOT

Chris Cassidy writes on law, judicial nominations and the Constitution as they pertain to criminal justice reform and women's rights.
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