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2013 SESSION
13102722DBe it enacted by the General Assembly of Virginia:
1. That § 53.1-231.2 of the Code of Virginia is amended and reenacted as follows:
§ 53.1-231.2. Restoration of the civil right to be eligible to register to vote to certain persons.
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 who
is not a qualified voter because of a felony conviction shall have
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 automatically restored upon the completion
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, and the payment in full of all
restitution, fines, costs, and fees assessed against the person as a result of
the felony conviction.
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.
2. That this act shall become effective January 1, 2015, contingent upon the passage of an amendment to the Constitution of Virginia on the Tuesday after the first Monday in November 2014 amending Section 1 of Article II of the Constitution of Virginia.