Lawsuit filed by Virginia NAACP against Youngkin regarding FOIA violation ordered to lower court

RICHMOND, Va. (WRIC) -- A lawsuit filed by the Virginia NAACP against Gov. Glenn Youngkin for an alleged failure to produce records in a Freedom of Information Act (FOIA) request has recently been ordered to a lower court.

The lawsuit pertains to a FOIA request submitted by the Virginia NAACP for records related to Youngkin's process when Virginians with prior felony convictions are denied restoration of their voting rights, a release said.

The Virginia NAACP alleged that Youngkin's office violated the FOIA by withholding hundreds of public records, and only provided them after the suit was filed, according to the release. A lower court will determine whether or not a violation of the FOIA occurred, as instructed by the Court of Appeals of Virginia.

Some of the records initially withheld allegedly included emails sent between the Director of Clemency and those whose applications were denied without an explanation. The Virginia NAACP said this demonstrates a "lack of transparency and accountability in a process that disproportionately negatively impacts Black Virginians."

Virginia NAACP sues Youngkin over alleged FOIA violation, concerns about equity in state government

“This ruling coincides with the 60th anniversary of the Voting Rights Act of 1965, highlighting the ongoing struggle for equitable voting access," said Rev. Cozy Bailey, president of the Virginia NAACP. “It is shameful that the Governor continues to fight to keep secret the details of a process that has disenfranchised thousands. We again call on Governor Youngkin to end this policy and swiftly restore the voting rights of all of Virginia’s returning citizens.”

One of the emails that was originally withheld included an instance of a nonviolent offender whose application was allegedly denied without an explanation. This individual replied to Youngkin's office:

"Is there a reason why? After all, I feel I deserve an explanation because I'm not a violent felon and I am trying to do something with my life... this is very discouraging."

According to the Virginia NAACP, although the administration had previously said they would prioritize nonviolent offenders, they responded:

"[The] Governor has final decision in rights restoration and has the discretion to grant or deny individuals after the review period has been completed."

8News has reached out to Youngkin's office for a statement on the lawsuit update, and have not heard back as of the time of reporting.