Virginia Voters to Decide Voting Rights Amendment

Residents will head to the polls on November 3 to vote on a constitutional amendment regarding voting eligibility.

Updated on Oct. 20, 2026 in Elections

Virginia Voters to Decide Voting Rights Amendment

Live Poll

Should states automatically restore voting rights to all individuals once they are released from incarceration?

Virginia voters will decide on a state constitutional amendment on November 3, 2026. This measure proposes automatic voting rights restoration for individuals upon their release from incarceration and modifies voting restrictions for people under guardianship.

Why it matters

The amendment seeks to remove historical vestiges of the 1902 Virginia Constitution that suppressed votes for Black people, the impoverished, and individuals with disabilities. It aims to modernize the state's election laws by establishing a fundamental right to vote.

The ballot measure features 3 distinct components regarding voting eligibility and constitutional rights. It addresses the current system that bars citizens with felony convictions from voting until restored by the governor.

The players

General Assembly

The General Assembly is the legislative branch of the Commonwealth of Virginia that drafts and passes state laws.

The details

The amendment requires judges to specifically determine that a person under guardianship lacks the capacity to understand the act of voting before removing that right. Additionally, a separate law passed by the General Assembly allows individuals assigned a guardianship prior to July 1 to petition the court to have their voting rights restored.

1902: Original state constitution provisions regarding voting suppression were enacted.
Early 1970s: The Virginia constitution was rewritten.
2019: Legislators began efforts to remove 1902 constitutional vestiges.
July 1, 2026: The effective date for the guardianship voting rights petition law.
November 3, 2026: Election Day where voters decide the amendment.

Political Context

The amendment seeks to remove provisions from the 1902 Virginia Constitution that historically restricted voting for specific groups. The ballot measure acts as a direct legislative correction to the limitations established by the 1902 Virginia Constitution.

Eligible voters will see this amendment on their November 3 ballot, which could change eligibility standards for formerly incarcerated citizens and those under guardianship. Residents should review the specific language of the three-part proposal before casting their votes.

The takeaway

This election represents a significant shift in how the state defines constitutional voting rights. Voters should prepare for the election by researching how these changes might affect local registration eligibility requirements.