2026 Virginia Question 3
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November 3, 2026
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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? |
Question 3 is a legislatively referred constitutional amendment on the November 2026 ballot in the state of Virginia. If passed, voting rights would automatically be restored to all formerly-incarcerated individuals after release from prison and upon completion of further action, including parole, probation or payment of fines. Currently, formerly-incarcerated individuals must apply to the governor for restoration.
Background
[edit source]Lifetime ban
[edit source]| Elections in Virginia |
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The Virginia Constitutional Convention of 1901–02 enacted a new constitution which imposed a lifetime ban on registering to vote for anyone who had been convicted of a felony, only allowing for felons to receive restoration of their voting rights from the governor. In addition, the convention imposed a system of poll taxes along with literacy and understanding requirements to vote that had the effect of restricting the electorate. The outcome was almost immediate disenfranchising of blacks and half the previous number of whites voting.[1]
As recently as 2016, at least 7 percent of adult citizens in Virginia, including 22 percent of African-American voters in Virginia, were disfranchised from voting due to the lifetime ban on former felons.[2]
Governors Bob McDonnell, Terry McAuliffe and Ralph Northam all pursued forms of automated restoration to those who applied, but Governor Glenn Youngkin ended the policy of automated restoration in favor of case-by-case restoration.
Legislative history
[edit source]2021–2022
[edit source]A joint resolution to initiate the amendment was passed by the General Assembly in February 2021.[3][4] After Democrats lost the House in the following elections, the bill was passed in the Senate but was defeated in a House committee in 2022.[5]
2025–2026
[edit source]HJ2 / SJ248 was legislatively initiated by the Virginia Senate on March 24, 2025. The equivalent language in HJ2/SJ2 was passed by the House on January 14, 2026 and affirmed in the Senate on January 16, 2026, sending the amendment to voters for approval.[6][7]
Contents and amendment
[edit source]The following will be shown to voters on the ballot for the amendment:[8]
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?
If agreed to by voters, Section 1 of Article II of the Constitution of Virginia will be amended as follows:[9]
Section 1. Qualifications of voters.
(a) 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 sectionsubsection (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
qualifiedentitled to voteunless 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 adjudicatedto be mentally incompetentby a court of competent jurisdiction to lack the capacity to understand the act of voting shall bequalifiedentitled to vote during such period of incapacity until hiscompetencycapacity 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.
Endorsements
[edit source]- Statewide officials
- Abigail Spanberger, governor of Virginia (2026–present) (Democratic)[10]
- State legislators
- 62 state delegates[10]
- Michael Jones, state senator from the 15th district (2026–present) (Democratic)[10]
- Mamie Locke, state senator from the 2nd district (2004–2024), 23rd district (2024–present) (Democratic)[10]
- Scott Surovell, state senator from the 36th district (2016–2024), 34th district (2024–present) (Democratic)[10]
- Organizations
- Federal officials
- Todd Gilbert, former United States Attorney for the Western District of Virginia (2025) (Republican)[10]
- State legislators
- Tim Anderson, former state delegate from the 83rd district (2022–2023) (Republican)[10]
- Paul Milde, former state delegate from the 64th district (2024–2026) (Republican)[10]
- Individuals
- John Reid, talk radio host and nominee for lieutenant governor in 2025 (Republican)[12]
Results
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See also
[edit source]References
[edit source]- ↑ Heinemann 2007, p. 277
- ↑ "6 Million Lost Voters: State-Level Estimates of Felony Disenfranchisement, 2016" (PDF). The Sentencing Project. Archived from the original (PDF) on January 17, 2026. Retrieved January 17, 2026.
- ↑ "Virginia Democrats Pass Slew of New Laws As Session Ends". VPM. February 28, 2021. Retrieved January 16, 2026.
- ↑ "Virginia's path to automatic rights restoration gains momentum". ACLU of Virginia. Retrieved January 16, 2026.
- ↑ Moomaw, Graham (February 8, 2022). "Va. House Republicans kill proposal on felon voting rights despite bipartisan support • Virginia Mercury". Virginia Mercury. Retrieved January 16, 2026.
- ↑ Schmidt, Markus; Woods, Charlotte Rene (January 14, 2026). "Virginia House Democrats advance four constitutional amendments on opening day of 2026 session • Virginia Mercury". Virginia Mercury. Retrieved January 15, 2026.
- ↑ Schmidt, Markus (January 16, 2026). "Virginia Senate Democrats advance mid-decade redistricting amendment • Virginia Mercury". Virginia Mercury. Retrieved January 16, 2026.
- ↑ "Proposed Constitutional Amendment, Question 3". Virginia Department of Elections. Retrieved August 26, 2026.
- ↑ "HOUSE JOINT RESOLUTION NO. 2" (PDF). Retrieved January 17, 2026.
- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 "Virginia Question 3, Voting Rights Restoration for Felons Upon Release Amendment (2026)". Ballotpedia. January 13, 2026. Retrieved August 3, 2026.
- ↑ "July 17, 2026". Metro DC Democratic Socialists of America. Retrieved August 3, 2026.
- ↑ Woods, Charlotte Rene (June 18, 2025). "John Reid would vote 'no, no, no' on in-progress constitutional amendments • Virginia Mercury". Virginia Mercury. Retrieved June 20, 2026.