More than 40 prosecutors in Virginia filed an amicus brief [text, PDF] Friday in support of a challenge to the governor’s executive action [JURIST report] to restore voting rights to more than 200,000 felons individuals in the state. The prosecutors argue that the governor’s actions are not only in violation of the Virginia constitution but also an issue of public safety. They are concerned that the restoration of felon voting rights will create an undue burden for them to discharge their duties. For instance, they argue that the current process of review burdens their resources by trying to identify felons in the jury selection process:

If felons whose rights have been restored may not be struck for cause on the basis of their prior felony conviction, Commonwealth’s Attorneys must use a peremptory strike to disqualify a felon deemed unfit for jury service. But each side generally only has four peremptory strikes in felony cases and three peremptory strikes in misdemeanor cases. … Every peremptory strike is valuable because “the peremptory remains an important litigator’s tool and a fundamental part of the process of selecting impartial juries,” such that the “increasing limitation of it gives [one] pause.” … If Commonwealth’s Attorneys are now required to use peremptory challenges to strike former felons, the peremptory challenge system may be significantly altered.

The prosecutors also have an issue with how the executive order will affect the review process for felons who also want to have their gun rights restored.

Voting rights have been the subject of numerous legal challenges across the US, particularly in a presidential election year. Last month a federal judge ruled that Ohio’s elimination of the state’s early in-person voting [JURIST report] was unconstitutional and in violation of Section 2 of the Voting Rights Act. Earlier in May a federal judge ruled that Virginia’s voter identification law, which requires that voters have a valid form of ID either before voting or within three days after voting, is constitutional [JURIST report]. Also in May a federal judge ruled that Kansas cannot require voters to provide proof of citizenship [JURIST report] when registering to vote. In April a federal judge upheld [JURIST report] North Carolina’s voter ID law. In February the Maryland Senate overrode a veto by Governor Larry Hogan to pass a bill that will allow felons to vote [JURIST report] before they complete parole or probation.