Attorneys for the plaintiffs filed new motions last week asking the U.S. District Court for the Eastern District of Virginia to certify the case as a class action, which could extend its impact to the approximately 300,000 Virginians currently disenfranchised due to past felony convictions. They also filed for summary judgment, urging the court to rule in their favor without a full trial based on the strength of the historical and legal arguments.
“Virginia’s current system of disenfranchisement is arbitrary and unconstitutional,” said Vishal Agraharkar, a senior staff attorney with the ACLU of Virginia. “People who have served their time should not have to depend on the whims of any sitting governor to have their rights restored.”
In a significant development earlier this year, the U.S. Supreme Court declined to hear an appeal from Virginia officials seeking to dismiss the lawsuit, allowing the case to proceed in the lower courts. That decision gave new momentum to the plaintiffs and underscored the national importance of voting rights litigation amid growing attention to voter suppression and election integrity.
Defenders of Virginia’s system argue that the state constitution clearly allows the legislature to set rules for voting, including restrictions on felons. They also point out that governors from both political parties have used their discretion to restore rights to tens of thousands of former felons.
But critics say the current approach results in inconsistent and inequitable treatment. Under Republican Governor Glenn Youngkin, fewer rights have been restored compared to his Democratic predecessors. Advocates argue this reinforces a pattern of racial and socioeconomic disparities in disenfranchisement, since Black Virginians are disproportionately impacted by felony convictions.
“This is a critical moment for democracy in Virginia,” said Genevieve Nadeau, counsel at Protect Democracy. “We believe the law is on our side and that the court will recognize the need to restore voting rights to all citizens who have paid their debt to society.”
