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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

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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 immediately following their release from incarceration.[1]

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]

What is the status of voting rights restoration for people convicted of a felony in Virginia?

See also: Voting rights restored by Virginia governors

As of 2026, persons convicted of felonies can have their right to vote reinstated on an individual basis by the governor. Each individual must submit their own request to the governor's office for the restoration of voting rights.

How do other states grant the restoration of voting rights?

See also: Voting policies for people convicted of a felony by state

In two states and Washington, D.C., people convicted of a felony always retain the right to vote. In 23 states, voting rights are restored to people convicted of a felony automatically upon completion of their prison sentence. In 15 states, voting rights are restored to people convicted of a felony automatically upon completion of their sentence, including prison time, parole, and probation. In 10 states, including Virginia, voting rights are not automatically restored to people convicted of a felony.

Text of measure

Ballot title

The official ballot title is as follows:[2]

“ Question: Should the Constitution of Virginia be amended (i) to provide for the fundamental right to vote in the Commonwealth, (ii) to revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and (iii) to update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting?[3] ”

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.[3]

Full text

The full text of the measure is available here.

Fiscal impact statement

The fiscal impact statement for the amendment, issued by the Department of Planning and Budget, is available here.

Support

VARTVClogo.png

The Virginia Right to Vote Coalition is leading the campaign in support of the constitutional amendment.[4]

Supporters

Officials

Organizations

  • ACLU of Virginia
  • Americans for Prosperity
  • Equality Virginia
  • Fair Elections Center
  • League of Women Voters of Virginia
  • Progress Virginia
  • The Sentencing Project
  • 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."
  • The Sentencing Project: "Re-enfranchisement can facilitate successful reentry and reduce recidivism. The University of Minnesota’s Christopher Uggen and New York University’s Jeff Manza find that among people with a prior arrest, there are “consistent differences between voters and non-voters in rates of subsequent arrest, incarceration, and self-reported criminal behavior.” Research also suggests that having the right to vote immediately after incarceration matters for public safety. Individuals in states that continued to restrict the right to vote after incarceration were found to have a higher likelihood of experiencing a subsequent arrest compared to individuals in states that had their voting rights restored post-incarceration."


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.[5]

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? And would you say you strongly support/oppose or just support/oppose?"

–
807 RV
± 4.40%
64.0%30.0%5.0%
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?"

–
806 RV
± 3.60%
63.0%32.0%6.0%
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Voting rights restored by Virginia governors

In Virginia, voting rights for people convicted of felonies are restored on a case-by-case basis at the direction of the governor. Virginia governors restored the voting rights of approximately 350,000 people between 1994 and 2026.[6][7][8]

Voting rights restoration by governor
GovernorTermPartyVoting rights restored
George Allen1994-1998Republican460
James Gilmore1998-2002Republican238
Mark Warner2002-2006Democratic3,500[9]
Tim Kaine2006-2010Democratic4,402
Robert McDonnell2010-2014Republican8,000[9]
Terry McAuliffe2014-2018Democratic173,166
Ralph Northam2018-2022Democratic126,000[9]
Glenn Youngkin2022-2026Republican9,563[10]

Voting policies for people convicted of a felony by state

See also: Voting rights for people convicted of a felony

The map and table below summarize voting rights for people convicted of a felony in each of the 50 states and Washington, D.C., as of April 2025.[11][12][13]

  • In two states (Maine and Vermont) and Washington, D.C., people convicted of a felony always retain the right to vote.
  • In 23 states, voting rights are restored to people convicted of a felony automatically upon completion of their prison sentence.
  • In 15 states, voting rights are restored to people convicted of a felony automatically upon completion of their sentence, including prison time, parole, and probation.
  • In 10 states, voting rights are not automatically restored to people convicted of a felony. However, the governor may opt to restore an individual's voting rights by pardon on a case-by-case basis. This tally includes Arizona, where voting rights are automatically restored for people with one felony conviction, but government action is required to restore voting rights for people with two or more felony convictions. Virginia is also included here. In 2023, Governor Glenn Youngkin's (R) administration announced that he would not continue the policy of automatically restoring voting rights for people convicted of a felony that previous governors used their powers to enact.

Voter disqualification rates by state

According to a report published by The Sentencing Project, a criminal justice reform group, an estimated 4 million people convicted of a felony did not have the right to vote in the United States in 2024. This amounted to approximately 1.7% of the total voting age population. In 2024, 264,292 individuals were disenfranchised in Virginia due to criminal convictions. As such, Virginia ranks 6th in the nation for the greatest percentage of people who were disqualified from voting due to a criminal conviction.

The table below provides details for each state.[14]

Estimated number of disqualified people convicted of a felony by state, 2024
StateDisenfranchised due to criminal convictionsVoting eligible populationPercentage of population disenfranchised
Alabama227,4373,824,0425.95%
Alaska5,145534,7260.96%
Arizona214,7915,118,5534.2%
Arkansas84,0992,233,4683.77%
California97,60826,078,1380.37%
Colorado18,7284,267,2870.44%
Connecticut5,4492,646,7200.21%
Delaware6,214746,1110.83%
Florida961,75715,698,7966.13%
Georgia249,6997,686,5593.25%
Hawaii2,3901,050,7360.23%
Idaho29,1431,344,9402.17%
Illinois31,0039,143,7650.34%
Indiana28,6165,009,6200.57%
Iowa26,8782,368,9451.13%
Kansas19,0402,126,1230.9%
Kentucky158,3813,398,2234.66%
Louisiana54,7463,458,7991.58%
Maine01,095,8630%
Maryland16,2704,411,2380.37%
Massachusetts7,3605,117,1620.14%
Michigan34,5577,633,2870.45%
Minnesota9,5724,206,8900.23%
Mississippi68,7312,232,8953.08%
Missouri79,4794,666,6851.7%
Montana5,330849,9000.63%
Nebraska12,2001,405,3960.87%
Nevada11,1822,150,2750.52%
New Hampshire2,2461,093,4560.21%
New Jersey14,0876,420,9590.22%
New Mexico5,3311,538,0950.35%
New York33,04614,187,2310.23%
North Carolina69,8887,734,3170.9%
North Dakota2,265575,8170.39%
Ohio50,6168,948,1880.57%
Oklahoma40,4702,884,2301.4%
Oregon13,4323,177,3750.42%
Pennsylvania41,2829,949,6740.41%
Rhode Island1,595824,5160.19%
South Carolina37,8383,905,5890.97%
South Dakota12,603656,5171.92%
Tennessee399,6845,206,6687.68%
Texas479,09719,161,4072.5%
Utah7,4112,204,5220.34%
Vermont0516,7760%
Virginia264,2926,322,2534.18%
Washington15,5775,488,6940.28%
West Virginia15,6961,421,3211.1%
Wisconsin68,2794,473,0751.53%
Wyoming9,437434,4272.17%
U.S. Total4,049,977237,630,2491.70%
Source: The Sentencing Project, "Locked Out 2024: Four Million Denied Voting Rights Due to a Felony Conviction," accessed February 20, 2026


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.[15]


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.[16]


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:[17]

  • 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. ↑ Virginia State Legislative Information System, "Text of House Bill 963," accessed February 9, 2026
  3. ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  4. ↑ Virginia Right to Vote Coalition, "Constitutional Amendment Timeline," accessed January 26, 2026
  5. ↑ Virginia State Board of Elections, "Campaign Finance Reports," accessed January 20, 2026
  6. ↑ William and Mary Law School, "The History of Felony Disenfranchisement & Restoration of Civil Rights in Virginia: 1830-2024," accessed February 20, 2026
  7. ↑ WRIC+, "Youngkin changes Virginia’s voting rights restoration process," accessed February 20, 2026
  8. ↑ Office of the Governor, "List of Pardons, Commutations, Reprieves and Other Forms of Clemency," accessed February 20, 2026
  9. ↑ 9.0 9.1 9.2 This is an estimate. An exact figure was not available from William and Mary Law School.
  10. ↑ This is an estimate. Figures were compiled from reporting from Virginia's Office of the Governor and WRIC+.
  11. ↑ National Conference of State Legislatures, "Felon Voting Rights," March 7, 2023
  12. ↑ American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed March 20, 2023
  13. ↑ Brennan Center for Justice, "Restoring the Right to Vote by State," accessed March 20, 2023
  14. ↑ The Sentencing Project, "Locked Out 2024: Four Million Denied Voting Rights Due to a Felony Conviction," accessed February 20, 2026
  15. ↑ Virginia Legislative Information Center, "SJ248," accessed January 22, 2025
  16. ↑ Virginia Legislative Information Center, "HJR 2," accessed January 22, 2025
  17. ↑ Virginia State Legislative Information System, "Overview of HJ2," accessed January 15, 2026
  18. ↑ Virginia Department of Elections, "Election and Voter FAQ," accessed December 23, 2025
  19. ↑ 19.0 19.1 19.2 19.3 Virginia Department of Elections, "How to Register," accessed December 23, 2025
  20. ↑ 20.0 20.1 Virginia Department of Elections, "Same-Day Voter Registration," accessed December 23, 2025
  21. ↑ Office of the Governor of Virginia, "Governor Northam Signs Sweeping New Laws to Expand Access to Voting," April 12, 2020
  22. ↑ Virginia Department of Elections, "Virginia Voter Registration Application," accessed December 23, 2025
  23. ↑ 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."
  24. ↑ Virginia Department of Elections, "Voting on Election Day," accessed December 23, 2025
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