Voting rights bills and lawsuits megathread (Updated: April 27th 2020) (user search)
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  Voting rights bills and lawsuits megathread (Updated: April 27th 2020) (search mode)
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Author Topic: Voting rights bills and lawsuits megathread (Updated: April 27th 2020)  (Read 183367 times)
Mr. Reactionary
blackraisin
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Posts: 17,806
United States


Political Matrix
E: 5.45, S: -3.35

« on: July 22, 2016, 09:11:19 PM »
« edited: July 22, 2016, 09:17:02 PM by Mr. Reactionary »

Virginia Supreme Court reverses McAuliffe's felon restoration today. The State Constitution requires the Governor to provide notice to the General Assembly for each felon who has their rights restored. This decision says that the Governor can only restore voting rights one person at a time, so a blanket restoration was invalid. The 10K new voter registrations are invalid. Since this is a State Constitutional decision (AISG), there will not be an appeal to a federal court.


http://www.nbcnews.com/news/us-news/virginia-court-strikes-down-order-allowing-felons-vote-n615291

http://www.courts.state.va.us/opinions/opnscvwp/1160784.pdf
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Mr. Reactionary
blackraisin
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*****
Posts: 17,806
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #1 on: July 22, 2016, 10:07:34 PM »

McAuliffe has now pledged to do all 13,000+ restorations the long way before the election.  I assume he's serious because it would look horrible to promise this and then go back on it.

I'm fine with this. It respects the process and is within his power.
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Mr. Reactionary
blackraisin
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*****
Posts: 17,806
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #2 on: July 24, 2016, 08:41:57 PM »

I read Virginia's State Constitution and the parts related to executive power and restoration of voting rights make no mention on how they must be restored. The thing about these relevant Constitutional clauses is that they are remarkably short and simple. There is no vagueness to it. It doesn't restrict the governor's power at all, in any shape or form, and doesn't even hint at how it must be used. The only overt restrictions I found said that the Governor may not pardon himself if impeached, and that the Governor must report to the legislature who it pardons/restores rights for. Maybe restoring rights en masse like this is wrong, but just because one doesn't like it doesn't make it illegal or unconstitutional.

Our Constitution also establishes a presumption that voter eligibility categorically excludes felons. The Clause allowing the Governor to restore voting rights exists to create exceptions to a general rule. The Governor declaring that "now and forever every single existing felon ever and ongoing until I leave office does not face the constitutionally mandated restrictions" is clearly reversing the constitutional presumption rather than carving out exceptions. Unilaterally dispensing with the law is strictly prohibited by the constitution, and for good reason. I mean, do you really think there would be no separation of powers issues if tomorrow Obama decided in one act to pardon every single federal criminal ever, alive or dead, whether in custody or pending prosecution or sentence served or even people who haven't been caught yet and that this pardon was both backward looking and forward looking? Just because a constitutional power is broad does not mean that there are no clear boundaries found in other constitutional clauses.

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Or not. Just because an issue can possibly have multiple good-faith interpretations does not mean that deciding upon one of these interpretations is partisan or made up or invalid. Limits on the executive dispension of law are rooted in history. Noted Democrat and Her's Veep Candidate Tim Kaine argued that he lacked the power to do what McAuliffe did ... how partisan. Muh Judicial Activism!

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I don't think its about individual signatures. He could probably get away with a single act if it was just a long list of actual names + crimes being pardoned + Specific Information to the GA. But just saying "Everyone" again is not an exception, its a presumption. So it should at bare minimum mention the names of the actual persons being pardoned, which seems pretty obvious and inoffensive.
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Mr. Reactionary
blackraisin
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*****
Posts: 17,806
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #3 on: September 28, 2016, 07:38:25 PM »

Free Speech: 1
Big Government: 0
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