Virginia Voting Rights Dispute: Challenging Felon Disenfranchisement and the 1870 Statute

Virginia, in a move that reflects on a contentious point of its labyrinthine legal history, filed for a dismissal of a lawsuit that alleges it denies voting rights to certain categories of felons, thereby contradicting an 1870 statute.

The plaintiffs comprise four individual complainants and an advocacy group dedicated to serving previously detained individuals. The defendants are a number of state and local officials. The target of the lawsuit, King, et al. v. Youngkin, et al., Case No. 3:23CV408 (EDVA June 26, 2023), was filed in the Eastern District of Virginia in June.

At the heart of the dispute is a statute from the aftermath of the Civil War. The legislation, enacted in 1870, set forth the terms for the return of Virginia’s representatives to Congress, and specifically included stipulations regarding the restoration of voting rights to ex-felons. The plaintiffs alleges that the state of Virginia is currently in violation of this statute.

Regardless of the outcome, the lawsuit provides salient insight into the rich tapestry of legal precedent, constitutional interpretation, and the enduring struggle for civil rights and suffrage in the United States. This case serves as another landmark in the nation’s ongoing conversations on voting rights and the long-lasting legal implications of historical and societal shifts.