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2017 SESSION
17100251DPatrons-- Habeeb, Farrell, O'Bannon, Austin, Bell, Richard P., Fariss, Helsel, Jones, Marshall, D.W., Massie, Orrock, Peace, Ware and Webert; Senator: Vogel
RESOLVED by the House of Delegates, the Senate concurring, a majority of the members elected to each house agreeing, That the following amendments to the Constitution of Virginia be, and the same hereby are, proposed and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates for its concurrence in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia, namely:
Amend Section 1 of Article II and Section 12 of Article V of the Constitution of Virginia as follows:
Section 1. Qualifications of voters.
In elections by the people, the qualifications of voters shall
be as follows: Each voter shall be a citizen of the United States, shall be
eighteen years of age, shall fulfill the residence requirements set forth in
this section, and shall be registered to vote pursuant to this article. No
person who has been convicted of a felony shall be qualified to vote unless his
civil rights have been restored by the. The
Governor, in accordance with
Article V, Section
12 of this Constitution,
or other appropriate authority may restore the civil rights
of any person convicted of a violent felony, as defined by the General Assembly. The General Assembly
shall prescribe by law the process for
the automatic restoration of
the civil rights of a person who
has been convicted of any other felony upon such person's
completion of service of his sentence and any modification of
that sentence, including any period or condition of probation, parole, or
suspension of the sentence, and his
payment in full of any restitution, fines, costs, and fees assessed against
him as a result of his conviction.
As prescribed by law, no person adjudicated to be mentally incompetent shall be
qualified to vote until his competency has been reestablished.
The residence requirements shall be that each voter shall be a resident of the Commonwealth and of the precinct where he votes. Residence, for all purposes of qualification to vote, requires both domicile and a place of abode. The General Assembly may provide for persons who are employed overseas, and their spouses and dependents residing with them, and who are qualified to vote except for relinquishing their place of abode in the Commonwealth while overseas, to vote in the Commonwealth subject to conditions and time limits defined by law. The General Assembly may provide for persons who are qualified to vote except for having moved their residence from one precinct to another within the Commonwealth to continue to vote in a former precinct subject to conditions and time limits defined by law. The General Assembly may also provide, in elections for President and Vice President of the United States, alternatives to registration for new residents of the Commonwealth.
Any person who will be qualified with respect to age to vote at the next general election shall be permitted to register in advance and also to vote in any intervening primary or special election.
Section 12. Executive clemency.
The Governor shall have power to remit fines and penalties
under such rules and regulations as may be prescribed by law; to grant
reprieves and pardons after conviction except when the prosecution has been
carried on by the House of Delegates; to remove political disabilities
consequent upon conviction for offenses a violent felony committed
prior or subsequent to the adoption of this Constitution upon
application by persons so convicted and under
such rules and regulations as may be prescribed by law; and
to commute capital punishment.
No person convicted of a violent felony shall be eligible for the removal of his political disabilities pursuant to this section until he has completed the payment in full of any restitution, fines, costs, and fees assessed against him as a result of his conviction and at least two years have passed since he completed service of his sentence and any modification of his sentence, including any period or condition of probation, parole, or suspension of sentence.
He The Governor shall communicate
to the General Assembly, at each regular session, particulars of every case of
fine or penalty remitted, of reprieve or pardon granted, of
political disabilities removed, and of punishment commuted,
with his reasons for remitting, granting,
removing, or commuting the same.