George Hawkins v. Glenn Youngkin, et al.

Richmond, Virginia civil rights lawyer represented the Plaintiff on a First Amendment violation theory.<br>
Virginia's Constitution automatically strips individuals convicted of felony offenses<br>
of the right to vote but vests in the Governor the discretionary power to restore those rights.<br>
George Hawkins, previously convicted of a felony, petitioned to have his voting rights<br>
restored. So far, Governor Glenn Youngkin has declined to do so.<br>
<br>
Hawkins brought this 42 U.S.C. § 1983 action against Governor Youngkin and<br>
Secretary of the Commonwealth Kelly Gee1 in their official capacities, asserting two First<br>
Amendment claims: (1) that the Governor's unfettered discretion over voting-rights<br>
restoration violates the Constitution, and (2) that the lack of a reasonable, definite time<br>
limit for the restoration process likewise offends the First Amendment.<br>
<br>
* * *<br>
<br>
The power of the Governor to grant clemency has been part of Virginia's<br>
Constitution since 1776, but the specific power to "remove political disabilities consequent<br>
to conviction of offenses” was not added until its 1870 Constitution. Gallagher v.<br>
Commonwealth, 732 S.E.2d 22, 25 (Va. 2012) (paraphrasing 2 A.E. Dick Howard,<br>
Commentaries on the Constitution of Virginia 642 (1974)). To rejoin the Union following<br>
the Civil War, the Commonwealth was required to ratify a new constitution,2 and the 1870<br>
Constitution was drafted in light of the Fourteenth Amendment's "implicit<br>
authorization . . . to deny the vote to citizens 'for participation in rebellion, or other<br>
crime.'” Hunter v. Underwood, 471 U.S. 222, 233 (1985) (quoting U.S. Const. amend.<br>
XIV, § 2).

Motion for summary judgment granted.<br>
<br>
Affirmed