Question · every Virginia voter

Question 3: Right to vote, and voting after a felonyRight to vote in the constitution; voting rights come back automatically after prison

Legislative referral (constitutional amendment): HJR 2 (2026), House Joint Resolution 2 (2026 session). Passes with a simple majority of the votes cast on it.

Read the full text of the measure: Department of Elections proposed amendments brochure (PDF)

In plain words

Today Virginia's constitution takes away the right to vote for life from anyone convicted of any felony, unless the governor restores that person's rights. This amendment says every qualified Virginian has a fundamental right to vote that laws can't take away, with two exceptions. People in prison for a felony can't vote, but get the right back automatically when released, without applying to the governor. And a person can lose the right to vote only if a court finds they lack the capacity to understand the act of voting; today any court finding of being "mentally incompetent" takes it away. Getting the vote back also brings back the right to serve on a jury, run for office and be a notary public. (elections.virginia.gov (Department of Elections) )

Before and after

Question	Today	If it passes
Felony conviction	You lose the right to vote for life.	You lose it only while in prison (incarcerated) for the felony.
Getting your vote back	Only if the governor restores your rights, one person at a time.	Automatically when you are released, with no application.
Mental capacity	A court finding that you are "mentally incompetent" takes away your vote, whatever the kind of incapacity.	Only a specific court finding that you lack the capacity to understand the act of voting takes it away.
Right to vote in the constitution	Listed as qualifications only.	Called a "fundamental right" that "shall not be abridged by law" except for the two cases above.

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

Biggest change

Every person who meets the voter qualifications "shall have the fundamental right to vote in the Commonwealth, and such right shall not be abridged by law," with two exceptions. source: elections.virginia.gov (Department of Elections)
A person convicted of a felony can't vote during any time in prison for it, and on release gets back all political rights, including the right to vote, "without further action required." source: elections.virginia.gov (Department of Elections)
The "mentally incompetent" rule is replaced: only a court finding that a person lacks "the capacity to understand the act of voting" takes away the vote, until that capacity is reestablished. source: elections.virginia.gov (Department of Elections)
With the vote, a person also regains the right to serve on a jury, be elected to office and be a notary public. source: elections.virginia.gov (Department of Elections)

Who it affects most: Virginians with a past felony conviction who have finished their prison time, and adults under court-ordered guardianship.

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

People convicted of a felony get their vote back automatically when released from prison, and the right to vote becomes a fundamental right in the constitution.

People convicted of a felony keep losing the vote for life unless the governor restores it, and the "mentally incompetent" rule stays.

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.

The official explanation says that today the only way to get back the right to vote after a felony conviction in Virginia is for the governor to restore that specific person's rights. source: elections.virginia.gov (Department of Elections)
The General Assembly passed it a second time in January 2026: House 65-33, Senate 21-18. source: news.ballotpedia.org
Sen. Mamie Locke (D-Hampton) has carried versions of the rights-restoration amendment since 2009 and added the fundamental-right language in 2019. source: vpm.org
The General Assembly passed a 2026 law using the same "capacity to understand the act of voting" language; the amendment would keep future legislatures from changing that process. Then-Gov. Glenn Youngkin vetoed a similar bill in 2025. source: vpm.org
In Virginia a constitutional amendment must pass the General Assembly twice, with a House of Delegates election in between, and then go to the voters. source: law.lis.virginia.gov

Why supporters want it

Sen. Mamie Locke (D): "This amendment is about ensuring that every eligible Virginian has their voice heard at the ballot box." source: news.ballotpedia.org
Sen. Mamie Locke (D-Hampton), the amendment's longtime sponsor, said that "as the [US] Supreme Court started to chip away at the Voting Rights Act" other states tried to increase voter suppression, and on the capacity rule: "you can't just prohibit someone from voting because you think that they're incapable of understanding the process." source: vpm.org

Why opponents object

Former Del. Paul Milde (R), listed by Ballotpedia among opponents, said he "went through a lengthy deliberative process to regain my rights." source: news.ballotpedia.org
In vetoing a 2025 bill with similar capacity language (not this amendment), then-Gov. Glenn Youngkin wrote that "the burden should remain with the disqualified voters to demonstrate they are competent to vote." source: vpm.org

Who backs each side

For: Virginians for the Right to Vote, a registered referendum committee fully funded by New Virginia Majority as of its last filing (July 2026). Against: no registered "no" committee found as of July 2026; the Family Foundation's Virginians Against 3 committee may refer to all three amendments. source: vpm.org

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 (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?

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?
Yes
No

Copied word for word from the Department of Elections' official brochure; identical in the separate official explanation for Question 3 (approved by the General Assembly's joint Privileges and Elections Committee on June 22, 2026).

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Full text of the measure

Read it in the Department of Elections proposed amendments brochure (PDF) .

We link to analysis from several sources; we don't endorse it.