(STAFFORD, Va.) — Virginia voters will decide Tuesday, Nov. 3, whether people convicted of felonies should automatically regain voting rights after leaving prison. A federal court ruling has already changed eligibility for many Virginians.

If approved, Question 3 would restore voting rights upon release from incarceration, regardless of the felony conviction, without requiring the governor’s approval.

The amendment would also establish voting as a fundamental right in Virginia’s constitution. It would require courts to find that someone cannot understand the act of voting before denying that right because of incapacity. A similar protection took effect under Virginia law in July.

Virginia’s constitution currently bars people with felony convictions from voting unless their rights are restored by the governor or another appropriate authority.

In January, U.S. District Judge John A. Gibney Jr. ruled that Virginia’s broader restrictions violated the Readmission Act of 1870, a federal law limiting which felony convictions could result in the loss of voting rights.

The court identified 11 categories of common-law felonies recognized in 1870. In an August ruling, Gibney rejected the state’s attempt to apply those categories more broadly.

Under current Virginia Department of Elections guidance, many people with felony convictions can now register after leaving prison without the governor’s approval.

The state identifies three statutory offenses that still require the governor to restore voting rights: murder, voluntary manslaughter, and involuntary manslaughter.

What Supporters and Opponents Say

A January poll by Christopher Newport University’s Wason Center found that 64% of registered Virginia voters supported automatically restoring voting rights after incarceration. The survey included 807 registered voters and had a margin of error of plus or minus 4.4 percentage points.

The survey was conducted before the Jan. 22 court ruling, and opinions may have changed since then.

Supporters say voting rights shouldn’t depend on who occupies the governor’s office.

“I don’t want a Democratic governor or a Republican governor to be able to restore someone’s ability to vote,” Del. Sam Rasoul, a Roanoke Democrat, told WDBJ7.

Opponents argue that release from prison shouldn’t be the only requirement for restoring voting rights.

Republican state Sen. Chris Head told WDBJ7 that people should also fulfill court-ordered obligations, including restitution, before regaining their rights. He argued that the amendment doesn’t account for those responsibilities.

The Virginia Catholic Conference supports Question 3, while some Republican lawmakers oppose automatic restoration without additional conditions.

What a Yes or No Vote Means

If approved: Starting Jan. 1, 2027, Virginians with felony convictions would regain voting rights upon release from prison, regardless of the offense. They would still need to register but would no longer need the governor’s approval.

The amendment would also restore related political rights, including eligibility for jury service, public office, and notary appointments.

If rejected: Virginia’s existing constitutional restrictions would remain. The 2026 federal court order would still allow many people with felony convictions to register to vote while it remains in effect. Those convicted of offenses that remain disqualifying would continue to need the governor’s approval.

 
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