Citizen Joe Wrote:
-------------------------------------------------------
> BrianSchoeneman Wrote:
> --------------------------------------------------
> -----
> > Citizen Joe Wrote:
> >
> --------------------------------------------------
>
> > -----
> >
> > > "No person who has been convicted of a felony
> > > shall be qualified to vote unless his civil
> > rights
> > > have been restored by the Governor or other
> > > appropriate authority."
> > >
> > > Any way you read that sentence, the Governor
> is
> > > the only state official empowered to restore
> > civil
> > > rights to felons; and, that sentence neither
> > > states nor implies the manor in which such
> > > restoration must, or even should, be made.
> >
> > You can't just look at that one section. The
> rules
> > for executive clemency make clear this is
> expected
> > to be done case-by-case.
>
> I disagree Brian. It is clear to me that Section
> 12 creates no such expectation of individual
> consideration.
>
> Section 12 states that the governor report to the
> General Assembly "particulars of
every case
> of fine or penalty remitted, of reprieve or pardon
> granted, and of punishment commuted, with his
> reasons for remitting, granting, or commuting the
> same."
>
> "Case" here means instance, as in the governor's
> order restoring voting rights to felons, rather
> than your interpretation..
I disagree - case, when modified by things like "particulars" has to be tied to an individual. Each case is different, each individual's decision is different.
I think it's clear based on Section 12 that the Governor could not issue a blanket pardon of everyone who has committed a non-violent drug crime, for instance, without specifying specifically each case and why he was doing so.
Like Tim Kaine's counsel noted in his letter, which you can read at
http://acluva.org/wp-content/uploads/2010/01/RubinLetterJan2010.pdf, there's no indication that there was ever contemplated blanket pardons, commutations or removal of political disabilities in the way the Governor did this.