At the age of 17, George Hawkins found himself behind bars, embarking on a challenging 13-year prison journey that would finally conclude in May 2023. Now 32, he is among more than 300,000 residents in Virginia who have lost their voting rights due to felony convictions, a situation that has left many feeling marginalized and unheard within their communities.
“It’s utterly unjust,” Hawkins expressed somberly while enjoying a sunny autumn day at a cafe in the heart of Richmond, Virginia’s capital. “I’m an engaged member of my community and a contributing citizen. I pay taxes, abide by the laws, and respect those in authority. Yet, I find myself voiceless in the nation I inhabit, without the ability to influence decisions that affect my life.”
His tone remained steady, reminiscent of someone who has articulated this sentiment countless times before, his determination palpable even in the calmness of his delivery.
‘Like a monarch’
As the November 5 election approaches, voters across the nation will cast their ballots not just for the presidential candidates but also for congressional representatives, state officials, and local school board members, all pivotal figures in shaping their communities.
“These men and women transition from prisons to being locked out of society,” stated Christa Ellison, the executive director of Freedom Over Everything. This organization advocates ardently for the rights of both incarcerated individuals and those re-entering society, striving to illuminate the struggles faced by people like Hawkins.
Ellison and Hawkins gathered for breakfast along with fellow activist Hassan Shabazz, igniting discussions on the urgent need for reform in Virginia’s disenfranchisement policies.
The American Civil Liberties Union (ACLU) indicates that nearly 4.6 million Americans are barred from voting due to past criminal convictions, highlighting a systemic issue where each state employs its criteria for determining who remains disenfranchised during elections.
In more progressive states like California and Minnesota, individuals who have served their sentences can reclaim their right to vote, making Virginia’s stringent policies even more glaring in comparison.
After completing his prison term for attempted murder, Hawkins promptly applied for the restoration of his voting privileges. “I was turned down so quickly that it left me in disbelief,” he recounted. “I tried again, but my application received a notice of ineligibility.” His pursuit of justice through the courts ended in disappointment when a district judge labeled the governor’s opaque decision-making as “monarch-like,” yet insisted that it did not infringe upon any existing laws.
No clear criteria
Currently, only Governor Glenn Youngkin has insight into the factors determining who regains their voting rights. Disappointingly, applications are rejected without any rational explanations, creating an environment of ambiguity and frustration for those affected.
Chris Kaiser, policy director for ACLU Virginia, commented, “While we can speculate, there are no definitive criteria to predict who will be granted voting rights once again. It’s evident that individuals convicted of violent crimes may encounter greater hurdles.” Hawkins vehemently opposes this assumption, sharing, “Within the prison walls, we endure the same experiences; our humanity is shared, regardless of our crimes. We are all capable of remorse and change.” He pointed out that inmates experience similar pain, saying, “Their mothers cried the same way mine did.”
Kaiser expressed dissatisfaction with the notion that violent and nonviolent offenses provide differing pathways for rights restoration. He argued, “When people have served their time, they ought to be reintegrated into society. We’re not living in medieval times.” He emphasized that allowing formerly incarcerated individuals to participate in communal life could significantly decrease the likelihood of recidivism, thereby benefiting society as a whole.
Fighting the law
Hassan Shabazz, who spent over 23 years behind bars, successfully reinstated his voting rights upon his release in 2022. In prison, he gained valuable legal knowledge and became known as a “jailhouse lawyer,” offering guidance to fellow inmates. “I simply logged into the system, entered my information, and reclaimed my rights,” Shabazz recalled proudly.
Since taking office, Governor Youngkin has made the process of reinstating voting rights increasingly complex, fueling frustration among advocates and affected individuals alike.
A racist law?
According to current statistics, 5.3% of Black Americans are disenfranchised due to these laws, marking a rate that is 3.5 times higher than that of their non-Black counterparts. Kaiser condemned this disparity, stating, “This skewed system distorts our entire electorate. The crime rates among Black Americans do not surpass those of white Americans; this discrepancy highlights a deeper issue within our criminal justice framework.”
Hawkins’s voice, usually steady, gathered strength as he articulated the message behind Virginia’s refusal to restore his voting rights: “It feels like a rejection from society that I do not belong, that my opinions and choices are deemed irrelevant.” He added emotionally, “I’ve never experienced voting before; however, I desire the opportunity to voice my opinions as a responsible adult. I do matter.”
