Virginia voters approved a constitutional amendment on November 3 that will automatically restore voting rights to people with felony convictions when they are released from incarceration.
The vote changes a longstanding provision of Virginia’s Constitution that generally denied voting rights to people convicted of felonies unless the governor restored those rights individually.
Under the amendment, people convicted of felonies will be ineligible to vote while incarcerated but will automatically regain their voting rights upon release, without needing approval from the governor.
The amendment also establishes voting as a fundamental right under Virginia’s Constitution.
Changing a Long History of Disenfranchisement
Virginia’s history of restricting voting rights is closely connected to racial discrimination.
The state’s 1902 Constitution included poll taxes and other measures explicitly designed to prevent Black Virginians from voting.
Felony disenfranchisement has remained a significant barrier to participation.
According to The Sentencing Project, more than a quarter million Virginians were disenfranchised because of felony convictions in 2024, including approximately one in ten Black Virginians.
The November 3 amendment establishes a consistent constitutional rule for restoring voting rights after incarceration.
Voting Rights Had Already Begun Changing in Virginia
The constitutional amendment follows two significant developments earlier in 2026.
A federal court ruled in King v. O’Bannon that Virginia’s broad felony voting ban violated the federal Virginia Readmission Act of 1870. The ruling restricted the state’s ability to deny voting rights based on certain felony convictions.
Separately, Governor Abigail Spanberger used her executive authority to restore voting rights to more than 100,000 people with felony convictions.
The newly approved amendment goes further by establishing automatic restoration upon release as a constitutional right rather than leaving restoration dependent on individual executive decisions.
The amendment also changes the state’s voting eligibility language concerning mental capacity. Instead of the previous prohibition involving people deemed mentally incompetent, the new provision applies to people found to lack the capacity to understand the act of voting.
What This Means for Michigan
Michigan already automatically restores voting rights when someone is released from jail or prison after serving a sentence.
In Michigan, YES YOU CAN VOTE, even if:
- You have a felony or misdemeanor conviction.
- You are on probation, parole, or tether.
- You are awaiting arraignment, trial, or sentencing, including while being held in jail.
People currently serving a sentence in jail or prison cannot vote in Michigan, but their voting rights return automatically upon release. They do not need a pardon or a separate restoration process.
That distinction is important because people with criminal convictions may not know they are eligible to vote.
For VAAC, voter education includes making sure people impacted by incarceration understand their voting rights and have accurate information about how to participate.
You can check your registration and find Michigan voting information at mi.gov/vote.
Voting Rights Restoration Across the Country
The Sentencing Project estimates that approximately four million Americans were unable to vote because of felony convictions in 2024.
Voting rights laws vary significantly from state to state. Some states restore rights automatically upon release from incarceration. Others require completion of probation or parole, additional applications, or individual government action.
Virginia’s November 3 vote changes its constitutional rules to provide automatic restoration upon release.
Read The Sentencing Project’s full announcement to learn more about the amendment and the ongoing work surrounding felony disenfranchisement.
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