June 14, 2016

Virginia Felon: “I Can Vote This November. It’s A Miracle.”

By Avery Kleinman

Loudoun County, Virginia resident Joshua Cagney and his wife, Nicole.

Loudoun County, Virginia resident Joshua Cagney and his wife, Nicole.

In a controversial move, Virginia Governor Terry McAuliffe restored voting rights to more than 200,000 felons in the Commonwealth. Joshua Cagney is a Loudoun County resident whose voting rights were restored through the governor’s order. He operates a strength-training studio and works for Opportunities, Alternatives, and Resources, an organization that helps felons with re-entry into life outside prison. He shared his story with The Kojo Nnamdi Show about what it means to him to regain his right to vote.

“In 2003 I caused an automobile accident when I was intoxicated and someone lost their life. I was convicted of involuntary manslaughter, spent seven years in prison, and was released in December of 2010. When that happened, I was fairly conscious of the fact that I had lost the right to vote, the right to serve on a jury.

Part of my growth through that process is that I have come to see that the incarcerated and those who are released are an under-served population. And, they are often recovering from substance abuse disorders.

After I got out I went back to school and did grad work in clinical psychology to try to help them, only to discover that I can’t practice as a clinical therapist in the Commonwealth as a convicted felon.

Virginia is one of only a handful of states that has such Draconian laws… There are some places where you can vote from prison and you’re expected to do so.

I think by framing this issue in terms of politics we’re getting away from a real moral and ethical issue. When people are subject to the laws and taxes that everyone else is subject to, it is their moral right to vote.

A snapshot from the moment Joshua Cagney found out his voting rights had been restored.When I found out about Governor McAuliffe’s order, I was completely blindsided. I heard about it when there was a breaking news report on NPR. I was driving at the time and I immediately pulled off onto the side of the road and started reading the press release. I immediately sent a text message to everyone I knew saying, it appears that I can vote this November and it’s a miracle.

I registered right there on the side of the road and got my card about four weeks later.

From the personal side, being allowed to contribute to society in a meaningful way, in a way 250 million people can do on an annual basis, puts me in a position that I haven’t had since I served my sentence. It allows me to reach a point where I can really be restored. It’s the culmination of a very restorative judicial process, and it’s the first time I’ve felt that way in 13 or 14 years. It feels very empowering, invigorating. It’s a beautiful feeling.

I look forward to voting in November, who I will vote for I don’t know yet but I will figure that out before then. I don’t think most of us ever have the concept of how critical it is to play a role in our government until those rights are lost.

My personal experience has helped me to be able to relate to people, it makes me see that mistakes that they’ve made are not the sum total of who they are. You are not the worst mistakes you’ve made.

The next battle is barriers to employment. Virginia has a list of 86 positions that you cannot hold as a convicted felon. Here’s a real example:

You cannot be a professional wrestler in Virginia if you’re a felon.

I can’t imagine what that conversation must have been like in the legislature. “We should make sure if Hulk Hogan is convicted, he can’t wrestle at the Hampton Coliseum.” It must’ve been one of the silliest conversations.

I think I could’ve affected some positive change in people’s lives as a clinical practicing therapist, but Virginia decided I’m not worthy of that role.

But Virginia is my home. My wife and I have two twin girls and we own a home in Loudoun County. I was convicted in Fairfax County, and I give back as best I can through my work with OAR. I thought about moving somewhere I could vote for a split second, but my home is my home, right or wrong, I love it.”

Joshua Cagney’s comments have been edited and condensed for clarity. Last week, For more on the Virginia’s voting rights restoration, listen to Kojo Nnamdi’s discussion with Washington Post reporter Jenna Portnoy and Loudoun County Commonwealth’s Attorney Jim Plowman.