On Nov. 3, Virginia voters will decide on a constitutional amendment that would automatically restore voting rights for people convicted of a felony after they complete their prison sentence.

Virginia is one of 10 states that never automatically restores voting rights for individuals convicted of a felony. Instead, people must apply to the governor's office for restoration upon completion of their sentence — including prison time, parole, and probation — and governors consider those applications on a case-by-case basis. 

Some Virginia governors, including former Gov. Ralph Northam (D), used their executive powers to automatically restore voting rights to thousands of citizens upon completing their prison sentences. In 2023, then-Gov. Glenn Youngkin (R) announced that he would not continue this policy and would consider individual applications for voting rights restoration through pardon after the completion of a felony sentence.

Under the potential constitutional amendment, voting rights would automatically be restored once a person convicted of a felony is released from prison. The amendment would also state that individuals deemed by a court to “lack the capacity to understand the act of voting” are not allowed to vote.

Gov. Abigail Spanberger (D), who assumed office on Jan. 17, has said she supports the amendment.

The amendment was first approved by the General Assembly in 2025. In Virginia, a constitutional amendment must be passed in two consecutive sessions of the legislature before being presented to voters.

The Virginia House of Delegates approved the amendment for a second time on Jan. 14 in a 65-33 vote. Sixty-four Democrats and one Republican voted in favor, and 33 Republicans were opposed. Two lawmakers did not vote. The Virginia Senate followed suit on Jan. 16 in a 21-18 vote along party lines, with one Republican lawmaker not voting. 

The amendment will appear on the November ballot alongside two other proposed changes to the constitution. Additionally, Democrats in the General Assembly plan to pass a bill to schedule a special election for a congressional redistricting amendment in April.

House Speaker Dan Scott (D) said when the amendment was first introduced in 2025 that the “constitution says that these are inalienable rights, and ‘inalienable’ means that you can't take them away. We believe that voting is one of those, and so we want to do a constitutional amendment for restoration of rights for those people who have paid their debt to society."

Speaking on the floor of the state House, Del. Eric Phillips (R) said, “There are violent felons, murderers, people who snuff out the rights of others to ever be able to do anything again in this lifetime, who should be exempted.” 

While the proposed constitutional amendment moves forward, a U.S. district court judge ruled on Jan. 22 that Virginia's current policy violates a federal law established in the wake of the Civil War.

U.S. District Court Judge John Gibney granted an injunction preventing Virginia from disenfranchising individuals convicted of felonies created after the passage of the Virginia Readmission Act of 1870. Under Gibney’s ruling, individuals convicted of some crimes would still need to petition the governor to have their voting rights restored. Those 11 crimes include arson, burglary, manslaughter, murder, and rape. 

The U.S. Court of Appeals for the Fourth Circuit rejected a separate lawsuit in August challenging Virginia’s policy of giving the governor sole authority over restoring voting rights.

In 23 states, voting rights for individuals convicted of a felony are automatically restored upon a person's release from prison. In 15 states, a person must complete probation and parole before regaining the right to vote. In two states, Maine and Vermont, as well as Washington, D.C., people convicted of a felony retain their voting rights in prison.

Click here to read more about laws governing voting rights for individuals convicted of a felony in each state.