Virginia Question 3: Voting rights after incarceration
Virginia · Constitutional amendment · Elections · Statewide decision
Explanation reviewed 2026-10-27. AI-written and checked against linked official evidence; not an election-office summary.
AI-written summary
Would establish a fundamental right to vote for qualified residents, bar voting during incarceration for a felony, and automatically restore political rights after release. It would narrow incapacity-based disqualification to a court finding that the person cannot understand voting.
What applies now
The constitutional text broadly disqualifies people with felony convictions unless rights are restored. A federal court order now limits enforcement: current election guidance allows people released from incarceration for non-disqualifying felonies to register without a governor’s restoration. Current incapacity wording is broader than the proposal.
If yes / for
Adopt automatic post-incarceration rights and the narrower incapacity standard.
If no / against
Retain the current constitutional text, subject to existing court orders.
Costs and funding
No verified fiscal estimate recorded in this baseline. This does not mean there is no cost.
Timing
January 1, 2027, if approved.
Passage rule
A majority of votes cast on the amendment.
Some official sources do not have comparable automated archives. Consult the linked evidence and its review date.
Source notes
- Some official amendment explainers describe the constitutional felony ban without the newer court-limited enforcement. This baseline also uses the current Department of Elections eligibility guidance.
Official wording and evidence
- Virginia official county election guide: all three November amendments
- Virginia current felony-conviction eligibility guidance
- Virginia Secretary of Commonwealth current restoration guidance
- Virginia Constitution Article XII, amendment approval
- Virginia Department of Elections enacted-law training: November amendment implementation