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Virginians with felony convictions should not remain shut out of democracy after completing their sentences. Once people have served the punishment ordered by a court, they should regain the same voting rights as other citizens.
In January 2026, Virginia lawmakers approved a proposed constitutional amendment that would automatically restore full voting rights to people convicted of felonies after they finish their sentences. Virginia voters will decide on Nov. 3, 2026, whether the amendment takes effect.
Until then, the Virginia Constitution allows citizens with felony convictions to vote only if the governor—currently Abigail Spanberger—personally restores their rights.
That system imposes an unnecessary additional penalty. Completing a jail or prison sentence fulfills the punishment ordered for the crime. Continuing to deny voting rights afterward extends that punishment beyond the sentence.
People considered ready to rejoin society should also have a voice in its government. After release, they recover other fundamental protections, including freedom of speech, privacy rights and safeguards against unreasonable searches. Voting should not be treated differently.
A federal court has already challenged Virginia’s broad restriction. On Jan. 22, 2026, a federal judge in Richmond ruled in King v. Youngkin, a class-action lawsuit filed by the ACLU of Virginia, that the state cannot prevent people with felony convictions from voting unless they were convicted of one of 11 serious crimes identified in an 1870 federal law.
The more than 150-year-old law was enacted to stop Virginia and other former Confederate states from denying voting rights. It requires the restoration of those rights after release unless a person committed a “serious” or “infamous” offense, including crimes such as arson, murder or robbery.
The judge found that Virginia’s rule barring everyone with a felony conviction from voting violated that federal law.
“For well over a century, the Commonwealth of Virginia has disobeyed a federal law designed to protect the right of former enslaved people to vote,” U.S. District Court Judge John Gibney wrote in his Jan. 22 opinion.
Some opponents may argue that formerly incarcerated people remain dangerous and should have limited rights. But incarceration is itself the punishment for breaking society’s laws. Once that sentence is complete, former prisoners should be treated as full members of society.
Virginia should stop using the ballot box to prolong a sentence that has already been served. Voters will have the opportunity in November to ensure that returning citizens can once again participate fully in the state’s democracy.