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Virginia Civil Rights Restoration for Felons Amendment (2016)

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Not on Ballot
Proposed ballot measures that were not on a ballot
This measure was not put
on an election ballot


A Virginia Civil Rights Restoration for Felons Amendment was not put on the November 8, 2016, ballot in Virginia as a legislatively referred constitutional amendment. The measure, upon voter approval, would have authorized the legislature to provide for "the restoration of civil rights," including voting rights, "to persons who have been convicted of nonviolent felonies and who have completed service of their sentences."[1]

The measure was introduced into the Virginia Legislature by Sen. Rosalyn Dance (D-16) as Senate Joint Resolution 238.[2]

Text of measure

Constitutional changes

See also: Article II, Virginia Constitution

The measure would have amended Section 1 of Article II of the Virginia Constitution. The following underlined text would have been added by the proposed measure's approval [1]

Section 1. Qualifications of voters.

In elections by the people, the qualifications of voters shall be as follows: Each voter shall be a citizen of the United States, shall be eighteen years of age, shall fulfill the residence requirements set forth in this section, and shall be registered to vote pursuant to this article. No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority. However, the General Assembly may by general law provide for the restoration of civil rights to persons who have been convicted of nonviolent felonies and who have completed service of their sentences, including any period or condition of probation, parole, or suspension of sentence, subject to the conditions, requirements, and definitions set forth in that law. As prescribed by law, no person adjudicated to be mentally incompetent shall be qualified to vote until his competency has been reestablished.

The residence requirements shall be that each voter shall be a resident of the Commonwealth and of the precinct where he votes. Residence, for all purposes of qualification to vote, requires both domicile and a place of abode. The General Assembly may provide for persons who are employed overseas, and their spouses and dependents residing with them, and who are qualified to vote except for relinquishing their place of abode in the Commonwealth while overseas, to vote in the Commonwealth subject to conditions and time limits defined by law. The General Assembly may provide for persons who are qualified to vote except for having moved their residence from one precinct to another within the Commonwealth to continue to vote in a former precinct subject to conditions and time limits defined by law. The General Assembly may also provide, in elections for President and Vice President of the United States, alternatives to registration for new residents of the Commonwealth.

Any person who will be qualified with respect to age to vote at the next general election shall be permitted to register in advance and also to vote in any intervening primary or special election.[3]

Path to the ballot

See also: Amending the Virginia Constitution

A majority vote was required in two successive sessions of the Virginia General Assembly in order for the amendment to be placed on the ballot.

On February 5, 2015, the Virginia Senate voted on and approved Senate Joint Resolution 238, with 29 senators voting in favor and nine voting against.[2] The Virginia House of Delegates, however, did not take up the bill.

Similar measures

See also

External links

Footnotes