Virginia Question 3: Restore voting rights upon release from prison
What it does. Today, a person convicted of any felony in Virginia loses the right to vote for life unless the Governor takes administrative action to restore that person’s right. The amendment would add a fundamental right to vote for qualified persons. A person convicted of a felony would lose the right only while incarcerated and would get it back automatically on release, without applying to the Governor. It would also replace the current rule that a court finding of any incapacity ends the right to vote with a requirement that a court find the person does not understand the act of voting. [1]
Official 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? [1]
If you vote yes
A yes vote writes a fundamental right to vote into the Constitution, ends the lifetime loss of voting rights for felony convictions (leaving loss only during incarceration, with automatic restoration on release), and narrows the mental-incapacity exception to a court finding that the person does not understand the act of voting. [1]
If you vote no
A no vote keeps the current system: a felony conviction ends the right to vote for life unless the Governor restores it person by person, and a court finding of incapacity of any kind ends the right to vote until a court restores it. [1]
What it would cost
Virginia’s Department of Planning and Budget estimated a one-time state cost of $205,000 for the Department of Elections to run newspaper notices and prepare posters and pamphlets about the referendum. [2]
Both sides
Strongest case for
Supporters say people who have served their sentences should be full citizens. Progress Virginia’s LaTwyla Mathias said, “When someone has paid their debt to society, they return to the community as full citizens, which includes the right to make their voices heard at the ballot box.” Gov. Abigail Spanberger (D) said Virginia is “one of the worst states in the country” at restoring those rights. [3]
They point to history and to reentry. State Del. Elizabeth Bennett-Parker (D) said the lifetime disenfranchisement “was intentionally inserted into the 1902 Virginia Constitution to disenfranchise as many black voters as possible.” The Sentencing Project says re-enfranchisement “can facilitate successful reentry and reduce recidivism.” [3]
Support is not only from Democrats. State Del. Mike Cherry (R) said, “Your constitutional rights should never be tied to a criminal behavior outcome.” Heather Rice-Minus of Prison Fellowship said of people with a record, “We want them to provide for their families, to pay taxes, and yes, to vote.” [3]
Strongest case against
Opponents say the current process gives people a reason to earn their rights back. Former Del. Paul Milde (R), who regained his own rights, said he went through “a lengthy deliberative process” that began with completing his sentence, including restitution and fines, and “I was incentivized to be a better member of society because I knew there was a process.” [3]
Former Del. Todd Gilbert (R) argues the amendment also reaches people who are never incarcerated, who “essentially never lose their right to vote,” with “no other consequence” for a felony conviction. [3]
Others object to the change in the mental-capacity rule. Former Del. Tim Anderson (R) said, “This is not a ‘good intention’ amendment. This is about people who don’t know what year it is still being able to vote.” The amendment’s text instead bars voting by those a court finds do not understand the act of voting. [3] [1]
What neither side is saying
Context that bears on what this measure does or who it affects but that the arguments above do not address. These are sourced facts, not arguments for or against the measure.
- Other rights come with the vote. The official explanation notes that “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,” so restoring voting rights restores those too. [1]
Editorial context, not the opinion of We Elect. Each point is a fact we found in a source we opened and read; where sources disagree or data are missing, we say so. How we choose these.
Follow the money
Contributions reported by committees registered to support or oppose Question 3. Major donors are those who gave $100,000 or more; where fewer than three did, up to five of the largest listed donors giving $5,000 or more are shown.
Supporting (Yes)
Total raised $678,825
Committees
- Virginians for the Right to Vote $668,291
- Feminists for Voting Rights $10,534
Major donors
| New Virginia Majority | $558,709 |
| ACLU Virginia | $53,203 |
| Don Scott For Virginia | $25,000 |
| Underground to Uplift | $15,000 |
| Feminist Majority Foundation | $10,534 |
Donors shown gave 98% of this side’s total.
Opposing (No)
Total raised $10,500
Committee
- Virginia Voters for Freedom, Inc. $10,500
At least one of these committees also campaigns on Virginia Question 1, Virginia Question 2, so its money cannot be split by measure.
Major donors
| Butters Home Health Care | $10,000 |
Reported contributions through Oct. 26, 2026, as compiled by Ballotpedia from state filings; the source lists each side’s top donors, not every donor. Figures are reported contributions and may be updated as new reports are filed. Amounts are rounded to the nearest dollar. Official filings: Virginia Department of Elections, campaign finance reports.
Sources
- Proposed Constitutional Amendment, Question 3 (official explanation and full text) — Virginia Department of Elections (Official state explanation, 2026-06-22)
- State Fiscal Impact Statement, HB 963 (2026) — Virginia Department of Planning and Budget (Official fiscal analysis, 2026-02-11)
- Virginia Question 3, Voting Rights Restoration for Felons Upon Release Amendment (2026) — Ballotpedia (Reference (quotes supporters and opponents), accessed 2026-10-28)
Editorial summary of arguments made by others, not the opinion of We Elect. Last reviewed 2026-10-28. How we write both sides.
We Elect is a Brunner Creative site. Editorial summary of arguments made by others, not the opinion of We Elect. Each side is written to be the strongest case its supporters would recognize, and every claim is tied to a source we opened and read.