Voting Rights After a Felony in Virginia
How Virginia law treats voting with a felony conviction, from the state code and official state agencies.
Short answer: The Virginia Constitution says no person convicted of a felony may vote unless their civil rights are restored by the Governor or other appropriate authority, but the Department of Elections says that under a recent federal court order, a felony conviction now takes away voting rights… Va. Const. art. II, § 1; Virginia Department of Elections, 'Felony Convictions and Voter Eligibility'
| Voting with a felony conviction | The Virginia Constitution says no person convicted of a felony may vote unless their civil rights are restored by the Governor or other appropriate authority, but the Department of Elections says that under a recent federal court order, a felony conviction now takes away voting rights only for certain 'common law felonies' from 1870. Virginia has identified three statutes that match these: murder (§ 18.2-32), voluntary manslaughter (§ 18.2-35) and involuntary manslaughter (§ 18.2-36). People with other felony convictions may register once they are no longer physically incarcerated, with no application to the Governor; no one may register or vote while physically incarcerated for a felony, and people convicted of a disqualifying offense still need restoration by the Governor. Constitution: https://law.lis.virginia.gov/constitution/article2/section1/ . A proposed constitutional amendment on the November 2026 ballot ('Question 3', per the Department of Elections) would restore voting rights on release from incarceration; this record describes the rule in effect on 2026-10-28. |
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FAQ
Can felons vote in Virginia?
The Virginia Constitution says no person convicted of a felony may vote unless their civil rights are restored by the Governor or other appropriate authority, but the Department of Elections says that under a recent federal court order, a felony conviction now takes away voting rights only for certain 'common law felonies' from 1870. Virginia has identified three statutes that match these: murder (§ 18.2-32), voluntary manslaughter (§ 18.2-35) and involuntary manslaughter (§ 18.2-36). People with other felony convictions may register once they are no longer physically incarcerated, with no application to the Governor; no one may register or vote while physically incarcerated for a felony, and people convicted of a disqualifying offense still need restoration by the Governor.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.