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Proposed Constitutional Amendment, Question 3

Proposed Constitutional Amendment, Question 3

No official arguments Upcoming Constitutional amendment electionscriminal justicecivil rights As of 2026-10-10
Data note

explanatory_statement = official "Explanation for Voters" (Present Law / Proposed Amendment), approved by joint P&E committee 6/22/2026.

Virginia publishes no yes/no statements, pro/con arguments or fiscal notes.

Ballot text (Ballot question)

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?

What a YES vote means

Not published by the state

What a NO vote means

Not published by the state

Explanatory statement

Present Law Virginia's Constitution currently provides that a person who is convicted of any felony loses the right to vote for the rest of their life unless the Governor of Virginia takes administrative action to restore that specific person’s right to vote. This is the only means of getting back the right to vote after a felony conviction. The current constitutional provision also imposes a broad restriction, while using outdated terminology, on voting by persons found to be incapacitated. A person who is determined by a court to be incapacitated, regardless of the kind of incapacity, loses the right to vote, and only a court can restore the person’s right to vote later. Proposed Amendment The proposed amendment enshrines in the Constitution the fundamental right of all qualified persons in the Commonwealth to vote. Two exceptions to this right are for persons who are serving a sentence of incarceration for a felony conviction and persons who are determined by a court to not understand the act of voting. Such right cannot otherwise be restricted by laws. Under the proposed amendment, a person who is convicted of a felony loses the right to vote during their period of incarceration. Once released from incarceration, the person gets back the right to vote without needing to apply for restoration by the Governor. The proposed amendment also requires a specific finding by a court that a person does not understand the act of voting in order for that person’s right to vote to be taken away. With the right to vote, a person also has the right to be a juror, the right to be elected to an office, and the right to be a notary public.

Fiscal impact

Not published by the state

Argument FOR

Not published by the state

Argument AGAINST

Not published by the state

Both columns use the same layout. Text is quoted from the official state guide. Views expressed belong to the argument authors.

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