Delegate cites federal court ruling that found Virginia disenfranchisement provision unlawful

Delegate Mikee (Duncan) Cousins (Richmond City) used a point of personal privilege on Jan. 23 to highlight a recent U.S. District Court decision by Judge Gibney in the Eastern District of Virginia. Cousins said the opinion concluded that Article II, Section 1 of Virginia's constitution — which disqualified persons convicted of felonies from voting unless their civil rights were restored — violated federal law and the Virginia Readmission Act.

"The opinion is a master class in statutory construction and legislative intent," Cousins said on the House floor, recounting the court's reasoning and offering historical context that traced late-19th- and early-20th-century amendments that imposed poll taxes and broadened disenfranchisement. Cousins quoted state senator Carter Glass from the 1902 convention to illustrate what the court characterized as intent to enact discriminatory provisions "to the very extremity of permissible action under the limitations of the federal constitution."

Cousins framed the ruling as relief for those never lawfully removed from the franchise. He said plaintiffs in the case argued they were wrongfully disenfranchised because the offenses underlying their convictions were not felonies at common law in 1870. The delegate described the decision as a corrective step tied to Virginia's history and urged members to note the court's ruling.

The remarks were delivered as part of routine morning-hour business and did not include further legislative action in the transcript. The transcript records a detailed recounting of the court's textual and historical analysis but does not contain a formal House response or an immediate legislative motion tied to the ruling.