George Hawkins v. Glenn Youngkin, et al.

Richmond, Virginia civil rights lawyer represented the Plaintiff on a First Amendment violation theory.

Virginia's Constitution automatically strips individuals convicted of felony offenses

of the right to vote but vests in the Governor the discretionary power to restore those rights.

George Hawkins, previously convicted of a felony, petitioned to have his voting rights

restored. So far, Governor Glenn Youngkin has declined to do so.



Hawkins brought this 42 U.S.C. § 1983 action against Governor Youngkin and

Secretary of the Commonwealth Kelly Gee1 in their official capacities, asserting two First

Amendment claims: (1) that the Governor's unfettered discretion over voting-rights

restoration violates the Constitution, and (2) that the lack of a reasonable, definite time

limit for the restoration process likewise offends the First Amendment.



* * *



The power of the Governor to grant clemency has been part of Virginia's

Constitution since 1776, but the specific power to "remove political disabilities consequent

to conviction of offenses” was not added until its 1870 Constitution. Gallagher v.

Commonwealth, 732 S.E.2d 22, 25 (Va. 2012) (paraphrasing 2 A.E. Dick Howard,

Commentaries on the Constitution of Virginia 642 (1974)). To rejoin the Union following

the Civil War, the Commonwealth was required to ratify a new constitution,2 and the 1870

Constitution was drafted in light of the Fourteenth Amendment's "implicit

authorization . . . to deny the vote to citizens 'for participation in rebellion, or other

crime.'” Hunter v. Underwood, 471 U.S. 222, 233 (1985) (quoting U.S. Const. amend.

XIV, § 2).

Motion for summary judgment granted.



Affirmed