An influential group in Portsmouth is encouraging people to vote for a convicted felon.
On Tuesday, the MLK, Jr. Leadership Steering Committee and local pastors endorsed Dr. Mark Whitaker for Portsmouth City Council. Signs are posted in the Portsmouth registrar's office when citizens vote, which read Mark Whitaker is "no longer a qualified candidate" for City Council.
Whitaker was convicted of three felonies. Under Virginia law, a convicted felon can't run for or hold public office until his rights are restored.
But, what happens if people vote for Whitaker anyway?
According to the group that met Tuesday at City Hall, there is still a way for Dr. Mark Whitaker to serve on Portsmouth City Council.
“We are energized,” Whitaker said at a press conference. “We are excited about the fact that my name is on the ballot.”
The signs in the registrar’s office say that's because ballots were already printed when the registrar was notified Whitaker was disqualified.
Still, supporters said if he is one of the top three vote-getters, that could necessitate a special election and if Whitaker's rights are restored, he could run and win that special election.
“The question of the legality is not for us to answer, as much as the reality is we don't believe that if you vote for Dr. Whitaker, it's going to be a wasted vote,” Milton R. Blount, President of the MLK Jr. Leadership Steering Committee told reporters.
We asked 13News Now Political Analyst Quentin Kidd to sort it all out.
“The law isn't super clear on this,” Kidd explained. “I mean, the law doesn't talk about situations like this in any real, clear way. So, what you have to do is go back to the Constitution of Virginia, which says that the highest vote-getter wins.”
Kidd believes there could be political motivations behind Tuesday's announcement.
“There is a political statement that’s made if that many people will cast a vote for a disqualified candidate, then you can use that political statement as momentum,” Kidd added.
We asked the Virginia Department of Elections for clarification on what the law actually says in this case.
“If Mr. Whitaker is one of the three highest vote recipients, he will not be eligible to take office under Article 2, Section 5 of the Virginia Constitution,” Andrea Gaines, Director of Community Relations, responded. “Therefore, the only resolution is to hold a special election to fill the vacancy.”
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