Virginia Voting Rights Restoration Amendment

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The most recent iteration of this amendment, HJ 2 / SJ 248, was passed by both the Virginia House of Delegates and the Senate during the 2025 legislative session. The amendment must pass again in next year’s legislative session before heading to the ballot for a statewide vote at the earliest, in November 2026.

What To Know

This amendment to the Virginia Constitution would establish a state constitutional right to vote for all citizens who are not incarcerated for a felony. All Virginians who had a felony conviction would have their rights restored without further paperwork as long as they are not incarcerated for a felony.

Virginians deserve a non-arbitrary voting rights restoration system, and no Virginian should be permanently disenfranchised by a prior felony conviction, particularly when they are living in their home community and have finished any time of incarceration. Currently, Virginians with felony convictions are permanently disenfranchised unless and until their right to vote is restored by the Governor through a discretionary, and often arbitrary, executive action. Employees, caregivers, religious and community leaders, taxpayers and other Virginians – even after serving their time – remain indefinitely stripped of their voice in shaping the laws and institutions that govern their lives as they navigate reintegrating into society.

This amendment would fix the deeply broken system of relegating these individuals to second-class citizenship by removing rights restoration from the sole purview and whim of the Governor, instead automatically restoring the right to vote upon completion of an individual’s term of incarceration without additional paperwork or obstacles.

 

Why You Should Care About Voting Rights Restoration

When everyone in a democracy can elect their representatives and participate in elections, we all thrive.

Studies show that the ability to participate in the democratic process ultimately reduces rates of crime and recidivism. Voting is an opportunity for all eligible citizens to use their voice, and for citizens reentering society after incarceration, it allows them the chance to become invested members of their community. Moreover, disenfranchising a person for their entire life based solely on a past mistake is simply unjust and unreasonable. Fair Elections Center believes that Virginians, and all otherwise qualified voters across the U.S., who have successfully served their time, should be able to fully rejoin civic life, and people should not be permanently defined by their past mistakes.

A voting rights restoration system that relies on objective rules and criteria – and not the discretion of a single individual in power – will benefit communities across the state.