Virginia voter guideProposed Constitutional Amendments
Question · every Virginia voter

Question 1: Right to reproductive freedomRight to reproductive freedom, including abortion, in the state constitution

Legislative referral (constitutional amendment): HJR 1 (2026), House Joint Resolution 1 (2026 session); first passed in 2025 as HJR 1 and SJR 247. Passes with a simple majority of the votes cast on it.

In plain words

Today Virginia's constitution says nothing about reproductive care; the rules are in state laws that the General Assembly can change. This amendment would make these decisions a right in the constitution. The state could still limit abortion in the third trimester (about the last three months of pregnancy), but could not ban it when a doctor finds it is needed to protect the patient's life or health, or when the fetus is not viable (can't survive). The state also could not punish a patient, or someone who helps them with their consent, over these decisions. (elections.virginia.gov (Department of Elections) )

Before and after

QuestionTodayIf it passes
Is reproductive care a right in the state constitution?No. The constitution does not mention it.Yes. It becomes a "fundamental right" in the Bill of Rights.
Who sets the rules on abortion?The General Assembly, by ordinary law, which it can change.The constitution. Limits are allowed only if they meet a strict test (a "compelling state interest" tied to the patient's health, using the least restrictive means).
Third trimesterSet by state law.The state may regulate it, but can never ban an abortion a doctor says is needed for the patient's life or physical or mental health, or when the fetus is not viable.
Punishing patients or helpersSet by state law.The state may not penalize or prosecute someone for their own pregnancy outcome (including miscarriage or stillbirth), or for helping another person with that person's consent.

Numbers from the official ballot title (ballot title ); also see (elections.virginia.gov (Department of Elections) )

Biggest change

Who it affects most: People who are or may become pregnant, and doctors, nurses and others who provide or help with pregnancy care.

Cost to the state: Unknown. No cost estimate was published with the amendment.

Our plain-words summary. Every line points to its source.

What your vote means

YES

Reproductive care, including abortion, becomes a right in the state constitution, and the state could limit abortion only in the third trimester with health exceptions.

NO

The constitution stays silent on reproductive care, and the General Assembly keeps setting abortion rules by ordinary law.

Our one-line summary. Virginia does not publish an official "what your vote means" statement; the ballot title above is the official description.

Why people want it, and why others object

Why this is on the ballot

The Legislature put this on the ballot. It changes the state constitution, so only another statewide vote can change it back. It passes with a simple majority of the votes cast on it.

Why supporters want it

Why opponents object

Who backs each side

In each side's own words where we could find them, quoted or summarized with a link to the source. We don't endorse either side.

What you will see on your ballot

Official ballot wording, word for word (tap to open)

The official ballot title, word for word from the Department of Elections' official brochure of proposed constitutional amendments .

Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of pregnancy except when the patient's health is at risk or the pregnancy cannot survive?

Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of pregnancy except when the patient's health is at risk or the pregnancy cannot survive?
Yes
No

Copied word for word from the Department of Elections' official brochure of proposed constitutional amendments for Nov. 3, 2026.

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Recent reporting from a range of outlets, newest first. We link to it; we don't endorse it.

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Full text of the measure

The full text adds a new Section 11-A to Article I (the Bill of Rights). The brochure shows it in full. Read it in the Department of Elections proposed amendments brochure (PDF) .

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