Virginia Lawmakers Consider Automatic Restoration of Voting Rights After Incarceration

Virginia lawmakers are considering a constitutional amendment that would automatically restore voting rights to individuals with felony convictions upon release from prison.

House Joint Resolution 2 (HJ2), introduced by Delegate Elizabeth Bennett-Parker (D-Alexandria), passed the General Assembly in 2025 and returned this year for its second required approval. If it passes again in 2026, the amendment will appear on the ballot for a public vote in the November general election.

The proposal would revise Section 1 of Article II of Virginia’s Constitution, which outlines who can vote in state and local elections. Under current law, people who have been convicted of a felony in Virginia must petition the governor to have their civil rights restored before they can vote again.

HJ2 would change that process by automatically restoring voting rights once a person is released from incarceration for a felony offense — no action from the governor or the individual would be required.

The amendment reads: “Every such person, upon release from incarceration for that felony conviction and without further action required of him, shall be invested with all political rights, including the right to vote.”

This marks a significant departure from Virginia’s long-standing policy, which is considered one of the most restrictive in the nation when it comes to felony disenfranchisement.

Supporters of the amendment argue it affirms voting as a fundamental right and creates a clear, fair path for reentry into civic life after incarceration. They say the change would reduce confusion and eliminate what many view as a subjective or politically influenced restoration process.

The amendment would also update how Virginia handles voting rights for people with certain mental health conditions. The current language disqualifies voters who are “mentally incompetent.” HJ2 would modernize that phrasing and clarify that only individuals legally adjudicated by a court to lack the capacity to understand the act of voting would be barred — and only during that period of incapacity.

In both cases — for felony convictions and mental incapacity — voting rights would be restored automatically once the disqualifying condition no longer applies.

Virginia’s Constitution currently says the right to vote “may not be abridged except” for felony conviction or mental incompetence. HJ2 reframes the language to emphasize that voting is a fundamental right, which cannot be restricted without clear and specific exceptions.

To amend the Constitution, Virginia law requires the General Assembly to approve the proposal in two separate sessions with a House election in between, and then submit it to voters statewide.

If HJ2 is approved again this session, it would be included on the November 2026 ballot, where a majority vote is needed to ratify the change.

In recent years, the restoration of rights has varied from governor to governor. Former governors Terry McAuliffe and Ralph Northam issued blanket restorations, while others took a case-by-case approach. HJ2 would make the process uniform and automatic.

As the session continues, HJ2 joins several other proposed constitutional amendments — including measures on abortion rights, same-sex marriage, and redistricting — expected to draw strong debate and public attention ahead of the general election.