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Virginia Voting Rights Restoration for Felons Upon Release Amendment (2026)

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Virginia Voting Rights Restoration for Felons Upon Release Amendment

Flag of Virginia.png

Election date

November 3, 2026

Topic
Voting rights for persons with criminal convictions
Status

On the ballot

Type
Legislatively referred constitutional amendment 		Origin

State legislature


The Virginia Voting Rights Restoration for Felons Upon Release Amendment is on the ballot in Virginia as a legislatively referred constitutional amendment on November 3, 2026.

A "yes" vote supports amending the constitution to provide that persons convicted of felonies have their right to vote restored following release from incarceration.

A "no" vote opposes amending the constitution, maintaining that persons convicted of felonies can have their right to vote restored on an individual basis by the Governor of Virginia.


Overview

What would the constitutional amendment do?

See also: Text of measure

This measure would amend the Virginia Constitution to provide that persons convicted of felonies will be entitled to vote following release from incarceration.[1] As of 2026, persons convicted of felonies can have their right to vote reinstated on an individual basis by the governor.

Additionally, the measure would prohibit persons from voting if they have been determined by the state court to "lack the capacity to understand the act of voting."[1] Under the measure, such persons can have their right to vote restored if their "capacity has been reestablished as provided by law."[1] As of 2026, the state constitution prohibits people from voting if they are "adjudicated to be mentally incompetent until [their] competency has been reestablished."[1]

Text of measure

Constitutional changes

See also: Article II, Virginia Constitution

The ballot measure would amend Section 1 of Article II of the Virginia Constitution. The following underlined text would be added and struck-through text would be deleted:[1]

Note: Hover over the text and scroll to see the full text.

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 subsection (b), and shall be registered to vote pursuant to this article. Every person who meets these qualifications shall have the fundamental right to vote in the Commonwealth, and such right shall not be abridged by law, except that:

(1) No person who has been convicted of a felony shall be qualified entitled to vote unless his civil rights have been restored by the Governor or other appropriate authority. during any period of incarceration for such felony conviction, but every such person, upon release from incarceration for that felony conviction and without further action required of him, shall be invested with all political rights, including the right to vote; and

As prescribed by law, no (2) No person who has been adjudicated to be mentally incompetent by a court of competent jurisdiction to lack the capacity to understand the act of voting shall be qualified entitled to vote during such period of incapacity until his competency capacity has been reestablished as prescribed by law.

(b) 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.

(c) 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.[2]

Support

VARTVClogo.png

The Virginia Right to Vote Coalition is leading the campaign in support of the constitutional amendment.[3]

Supporters

Officials

Organizations

  • ACLU of Virginia
  • Americans for Prosperity
  • Equality Virginia
  • Fair Elections Center
  • League of Women Voters of Virginia
  • Progress Virginia
  • Virginia Catholic Conference
  • Virginia NAACP

Arguments

  • State Sen. Mamie Locke (D-23): "This amendment is about ensuring that every eligible Virginian has their voice heard at the ballot box. Our democracy is strongest when everyone participates, and this measure ensures that no Virginian is unjustly excluded from the electoral process. By reinforcing these protections in our constitution, we are safeguarding the fundamental rights of our citizens and strengthening the integrity of our democracy."
  • LaTwyla Mathias, executive director at Progress Virginia: "Most of the states in this country recognize that when someone has paid their debt to society, they return to the community as full citizens, which includes the right to make their voices heard at the ballot box. Virginia has been a throwback for too many years; our current process is about political gamesmanship and partisan point-scoring far more than it is about enfranchising returning citizens. Denying entire classes of citizens the right to vote is a racist vestige of Jim Crow-era laws, and Virginia legislators need to leave this practice in the past."
  • State Del. Elizabeth Bennett-Parker (D-5): "The disenfranchisement of people with felony convictions is a relic of Virginia’s Jim Crow past and was intentionally inserted into the 1902 Virginia Constitution to disenfranchise as many black voters as possible. Automatic restoration of voting rights encourages voting and civic engagement, which research shows benefits reentry, reduces recidivism and makes communities safer."


Opposition

Opponents

Candidates

Former Officials


Arguments

  • Former State Del. Todd Gilbert (R-33): "[The] amendment also applies to those people who face no other possible conviction itself that they also essentially never lose their right to vote. In addition to all the things that aren’t going to happen to them, including being incarcerated, they get to vote right away. Regardless of their felony conviction, if they never go to jail, they just keep can keep voting, and there’s no other consequence"
  • Former State Del. Paul Milde (R-64): "I, like thousands of others, a few of which we’ve heard from, went through a lengthy deliberative process to regain my rights that started with completing my court-imposed sentence in its entirety, including paying restitution to the victims and fines. I was incentivized to be a better member of society because I knew there was a process."


Campaign finance

See also: Ballot measure campaign finance, 2026
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through January 15, 2026. The deadline for the next scheduled reports is April 15, 2026.


As of January 15, 2026, no committees had registered in support or opposition to the measure.[4]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00 $0.00


Polls

See also: Ballotpedia's approach to covering polls and 2026 ballot measure polls
Virginia Voting Rights Restoration for Felons Upon Release Amendment (2026)
PollDatesSample sizeMargin of errorSupportOpposeUndecided
The Wason Center
Question

"Would you support or oppose amending Virginia's constitution to allow felons that have completed their prison sentence to have their voting rights automatically restored upon release?"

–
806 RV
± 3.60%
63.0%32.0%6.0%
The Wason Center
Question

"Would you support or oppose amending Virginia's constitution to allow felons that have completed their prison sentence to have their voting rights automatically restored upon release? And would you say you strongly support/oppose or just support/oppose?"

–
807 RV
± 4.40%
64.0%30.0%5.0%
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Path to the ballot

Amending the Virginia Constitution

See also: Amending the Virginia Constitution

A simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Versions of the amendment in the 2024-2025 legislative session

Two versions of the amendment were introduced during the 2024-2025 legislative session in the state House and Senate: Senate Joint Resolution 248 and House Joint Resolution 2.

Senate Joint Resolution 248

The amendment was introduced as Senate Joint Resolution 248 (SJR 248) to the State Senate on November 25, 2024. On January 21, 2025, the amendment passed the Senate by 21-18. The House passed SJR 248 on February 13, 2025, in a vote of 55-42.[5]


Virginia State Senate
Voted on January 21, 2025
Votes Required to Pass: 21
YesNoNV
Total21181
Total %52.5%45.0%2.5%
Democratic (D)2100
Republican (R)0181
Virginia House of Delegates
Voted on February 13, 2025
Votes Required to Pass: 51
YesNoNV
Total55423
Total %55.0%42.0%3.0%
Democratic (D)5100
Republican (R)4423


House Joint Resolution 2

The amendment was introduced as House Joint Resolution 2 (HJR 2) to the State House on November 20, 2024. On January 14, 2025, the amendment passed the House by 55-44. On January 31, the Senate agreed to the amendment by 21-18.[6]


Virginia House of Delegates
Voted on January 14, 2025
Votes Required to Pass: 51
YesNoNV
Total55441
Total %55.0%44.0%1.0%
Democratic (D)5100
Republican (R)4441
Virginia State Senate
Voted on January 31, 2025
Votes Required to Pass: 21
YesNoNV
Total21181
Total %52.5%45.0%2.5%
Democratic (D)2100
Republican (R)0181

Virginia House of Delegates elections, 2025

See also: Virginia House of Delegates elections, 2025

Democrats expanded their majority in the Virginia House of Delegates on November 4, 2025, gaining 13 seats. Twelve Republican incumbents lost in Virginia, tying 2017 for the most incumbents defeated since 2011. Heading into the 2025 elections, Democrats had a 51-49 majority in the House.

House Joint Resolution 2 (2026)

Below is a timeline of the bill in the state legislature:[7]

  • November 17, 2025: State Del. Elizabeth Bennett-Parker (D-5) introduced House Joint Resolution 2 (HJR 2) to the state legislature in a prefile document.
  • January 14, 2026: The House Privileges and Elections Committee voted 'yes' on the amendment in a vote of 15-6. The state House approved HJR 2 in a vote of 65-33, with two members absent or not voting. One Republican and 64 Democrats voted yes, and 33 Republicans voted no. Two Republicans were absent. Additionally, the Senate Privileges and Elections Committee voted 'yes' on the amendment in a vote of 8-3.
  • January 16, 2026: The state Senate approved HJR 2 in a vote of 21-18, with one senator not voting. Twenty-one Democrats voted yes, 18 Republicans voted no, and one Republican did not vote.


Partisan Direction Index = -98.1% (Democratic)
Democratic Support
100.0%
Republican Support
1.9%
How does this vote compare to other legislative ballot measures in 2026?
Learn more about the ballot measures PDI →
Virginia House of Delegates
Voted on January 14, 2026
Votes Required to Pass: 51
YesNoNV
Total65332
Total %65.0%33.0%2.0%
Democratic (D)6400
Republican (R)1332
Virginia State Senate
Voted on January 16, 2026
Votes Required to Pass: 21
YesNoNV
Total21181
Total %52.5%45.0%2.5%
Democratic (D)2100
Republican (R)0181

How to cast a vote

See also: Voting in Virginia

See below to learn more about current voter registration rules, identification requirements, and poll times in Virginia.

How to vote in Virginia


See also

2026 ballot measures

View other measures certified for the 2026 ballot across the U.S. and in Virginia.

Virginia ballot measures

Explore Virginia's ballot measure history, including constitutional amendments.

Legislative process

Understand how measures are placed on the ballot and the rules that apply.


External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Virginia General Assembly, "House Joint Resolution 2," accessed January 16, 2026
  2. ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  3. ↑ Virginia Right to Vote Coalition, "Constitutional Amendment Timeline," accessed January 26, 2026
  4. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named finance
  5. ↑ Virginia Legislative Information Center, "SJ248," accessed January 22, 2025
  6. ↑ Virginia Legislative Information Center, "HJR 2," accessed January 22, 2025
  7. ↑ Virginia State Legislative Information System, "Overview of HJ2," accessed January 15, 2026
  8. ↑ Virginia Department of Elections, "Election and Voter FAQ," accessed December 23, 2025
  9. ↑ 9.0 9.1 9.2 9.3 Virginia Department of Elections, "How to Register," accessed December 23, 2025
  10. ↑ 10.0 10.1 Virginia Department of Elections, "Same-Day Voter Registration," accessed December 23, 2025
  11. ↑ Office of the Governor of Virginia, "Governor Northam Signs Sweeping New Laws to Expand Access to Voting," April 12, 2020
  12. ↑ Virginia Department of Elections, "Virginia Voter Registration Application," accessed December 23, 2025
  13. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  14. ↑ Virginia Department of Elections, "Voting on Election Day," accessed December 23, 2025
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