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The Virginia Court of Appeals determined Tuesday that the Virginia NAACP鈥檚聽聽to Gov. Glenn Youngkin over access to records concerning his administration鈥檚 changes to voting rights restorations can move forward.
Because a previous ruling by a Richmond judge that sided with the governor never addressed the attorneys fees that had been part of NAACP鈥檚 lawsuit, the appellate court has decided the case is not closed.
鈥淲e dismiss the premature appeal without prejudice and remand the matter to the trial court to consider the attorney fee issue,鈥� the court鈥檚 judges wrote聽听罢耻别蝉诲补测.
The Mercury asked the civil rights group to comment on Tuesday鈥檚 ruling and their next steps concerning the case but did not hear back by press time.
Case background
The Virginia Conference of the NAACP had originally filed a Freedom of Information Act request to the governor鈥檚 office seeking further details about how it handles restoration of voting rights to people with felony convictions who have completed their sentences.
In Virginia, people with these convictions permanently lose their right to vote unless a governor pardons them or they petition a governor to restore the right. Previous governors 鈥� both Republican and Democratic 鈥� had worked to streamline the process and make it automatic upon completion of a prison sentence. The process quietly reverted to a petition-based one under the Youngkin administration, with fewer petitions granted than previous governors and unclear criteria for what would yield a 鈥測es鈥� or 鈥渘o鈥� from his administration.
The lack of transparency in the restoration process is why Virginia鈥檚 NAACP filed its original records request. Acting in what former Youngkin spokeswoman Macaulay Porter called 鈥済ood faith,鈥� the administration had released a document to the organization that provided some insights.
The document suggested that completion of probation or repayment of fines might be a factor in Youngkin鈥檚 approval. Further details were not disclosed. The tidbits of information Youngkin鈥檚 administration decided to share had tipped off NAACP about the existence of a database repository for restoration petitions, which their lawyers had argued should have been viewable to their client.
The district judge鈥檚 previous ruling supported Youngkin鈥檚 withholding under an exemption the聽聽These are documents and materials prepared for a governor鈥檚 鈥渄eliberative use鈥� which governors can withhold from Freedom of Information Act requests.
Several rejected applicants聽聽last year expressed frustration that they could not participate in the presidential and local elections that were happening and none of them knew why they鈥檇 been denied.
Some had also been part of a copy-and-paste rejection letter that was shared in a mass email that was inadvertently sent without blind carbon copying and showed all the recipients鈥� email addresses, which was forwarded to the Mercury. This triggered a thread of conversations between ex-felons around the state who bonded over their frustrations and shared calls to action.
The issue appeared to impact would-be voters of varying political persuasions. One person on the thread said they identified as a Republican and wanted to be able to vote for Winsome Earle-Sears this year, but their application was rejected.
Another person included on the email, Newport News resident Justin Brown, said in an interview last fall, 鈥淥nce I started talking with everyone else and seeing that this is a pattern of this administration, I wanted to raise some alarm bells.鈥�
He shared his insights with state lawmakers as they began work on an in-progress constitutional amendment to enshrine restoration of rights to those with completed sentences in the state鈥檚 constitution. It passed this year and must do so next year before appearing on statewide ballots for final approval or rejection by all voters.
In the meantime, Democratic Attorney General candidate Jay Jones is celebrating the continuation of the once-defeated case and framing it as a victory over the governor and his opponent, current Attorney General Jason Miyares.
鈥淭his is an incredible victory for all Virginians, who are one step closer to gaining the transparency they deserve in our government鈥檚 critical decision-making processes that determine our fundamental civil rights,鈥� Jones said in a statement.
Jones, who had also been legal counsel on the case before campaigning for his statewide bid, said that he appreciates the NAACP鈥檚 efforts to 鈥渟hed light on what our government is doing behind closed doors.鈥�
As Youngkin prepares to vacate his role as Virginia鈥檚 governor, state lawmakers are in the process of advancing the bill that could allow restorations to occur as long as someone has completed their sentence.
The proposed constitutional amendment has advanced with bipartisan support, though not without reservation from some GOP lawmakers, and must pass through them again next year. If voters statewide choose not to accept it, the next governor could continue to uphold Youngkin鈥檚 voter restoration process or make changes.
Unlike her signatures expressing聽聽to other advancing constitutional amendments, Earle-Sears has not indicated a position on the restoration of voting rights amendment. Spanberger has stated support for all three amendments and that she will prioritize restoring rights to eligible people as governor if the amendment fails.
