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As Virginia early voting begins, some felons unsure of their eligibility to vote

Quadaire Patterson, a former felon and returned citizen, advocates for his right to vote at the base of the Maggie Walker monument in downtown Richmond.
Brad Kutner
/
Radio IQ
Quadaire Patterson, a former felon and returned citizen, advocates for his right to vote at the base of the Maggie Walker monument in downtown Richmond.

Early voting began in some Virginia localities Thursday, but some felons are unsure if they’re able to vote in the wake of a judge's order issued earlier this year.

Early voting is underway, but for an unknown number of Virginians convicted of felonies, estimated in the tens of thousands, their ability to vote is in limbo.

150 years ago, Virginia legislators created a list of crimes that, if convicted, would remove the defendant’s right to vote. A federal judge overturned some of that law in January. But guidance from state agencies has been slow in the wake of the ruling.

Quadaire Patterson lost his ability to vote following a felony conviction almost 20 years ago. Now he’s out, but the lack of state guidance has turned confusion into fear. If he tries to register to vote he’s unsure if he’ll face criminal charges for lying about his felony status on his voter registration form. Through it all his thoughts have remained with his 14-month-old daughter.

“Her interest in her education is going to be disproportionately represented because of a mistake her father committed 19 years ago,” he said Wednesday.

Patterson made those comments Wednesday morning, weeks after a June 1st deadline that required the state to inform those impacted by the court ruling of their ability to register.

Guidance from Virginia Department of Elections to local registrars trickled out since the ruling, and another guidance document was released late Wednesday. But those close to the registration process said they're likely too busy with early voting to undertake the effort before next week.

In an emailed statement the Department of Elections said those with felonies should still mark "Yes" on forms regarding their conviction, and “No” when asked if their rights have been restored by the governor.

A statement from the ACLU of Virginia Legal Director Eden Heilman condemned this guidance saying, “Now eligible voters who have every right to register are left with agonizing concerns that attempting to exercise their rights will put them at risk of another conviction.”

Brad Kutner is Radio IQ's reporter in Richmond.