The day Barack Obama was first elected president was bittersweet for Terry Garrett. As an African-American whose parents grew up in a segregated South, she was joyous as she witnessed the moment Americans elected the first African-American president. But she also felt angry, sad, left out. That day Terry had watched her children and husband cast their ballots, knowing she would not be allowed to do the same. The 48-year-old from Alexandria, Virginia, has never been allowed to vote. By the time she reached voting age, 18, she had been convicted of shoplifting. Centuries ago, her home state had forbidden people who committed a felony from voting. But this April, Virginia Governor Terry McAuliffe issued a sweeping executive order restoring the voting rights of all former felons who have completed their jail sentence and parole or supervised probation. Now, Terry hopes that she will be able to vote for the first time in her life this November. As a newly registered Democrat, she is hoping to elect another “first” president into office – the first female president, Hillary Clinton.
While the Virginia state constitution forbids felons from voting, it grants the governor the “power to remove political disabilities consequent upon conviction for offenses.” The executive order Democrat McAuliffe issued is the most extensive interpretation of this power yet – granting 206,000 former felons the right to vote. If enough of these newly eligible voters register to vote and the order withstands the scrutiny of two lawsuits, the political power in Virginia – and the entire country – could shift. As a swing state, Virginia has a large impact on presidential and congressional elections.
The US has not only one of the highest incarceration rates worldwide, but also more restrictions on the voting rights of those convicted of a crime than most other democracies. An estimated 5.85 million Americans may not vote due to felony convictions. Three states – Florida, Iowa and Kentucky – deny those convicted of a felony the right to vote for life, while most states deny that right when a felon serves a jail sentence or is on parole. Only two states – Maine and Vermont – have no restrictions at all.