Virginia voters add abortion, marriage and voting rights to the state constitution

Overview

Updated 3 days ago

Starting Jan. 1, 2027, Virginia's constitution will guarantee access to abortion and contraception, protect same-sex and interracial marriage, and restore voting rights automatically when someone leaves prison. Voters approved all three amendments on Nov. 3, with support ranging from 56.5% to 62.4% across the three questions.

Each change pulls a decision away from the legislature and governor and into a document that only another statewide vote can alter. A Tazewell County judge hears a challenge on Nov. 13 arguing the abortion amendment's ballot wording misled voters.

Who else does this In 24 states, the vote comes back the day you leave prison Interactive mapExplore ↓

Why it matters

Virginia's legislature can no longer restrict abortion, ban same-sex marriage or strip former felons of the vote without another constitutional amendment.

Who else does this

In 24 states, the vote comes back the day you leave prison

In 3 more you never lose it. Virginia is one of 10 where some need a pardon, court or governor. On Nov. 3 its voters ended that from Jan. 1.

24 of 51 restore it on release, as of 2026

Back on leaving prisonNever lost, even in prisonBack when the sentence endsSome need a pardon or court

Tap a state to read its rule.

In 24 states, the vote comes back the day you leave prison
State	Status, 2026	Note	Source
Alaska	Back when the sentence ends	Only crimes of 'moral turpitude' cost the vote. Back at unconditional discharge.	Alaska Statutes 15.05.030
Maine	Never lost, even in prison	People in prison keep the vote and register where they lived before.	Maine Secretary of State - Voting Residence
Wisconsin	Back when the sentence ends	Back when prison, probation, parole and extended supervision are done.	Wisconsin Statutes 304.078
Vermont	Never lost, even in prison	People convicted of a crime keep the vote, by absentee ballot, in prison.	Vermont 28 V.S.A. 807
New Hampshire	Back on leaving prison	Barred until final discharge, which the law defines as release from prison; parole and probation count.	NH RSA 607-A:2
Washington	Back on leaving prison	Restored automatically once out of total confinement.	RCW 29A.08.520
Idaho	Back when the sentence ends	Back at final discharge: prison, probation and parole all done.	Idaho Code 18-310
Montana	Back on leaving prison	Lost only while serving a sentence in a prison.	Montana Code Annotated 13-1-111
North Dakota	Back on leaving prison	Lost only during actual incarceration.	ND Secretary of State - Who Can Vote and How
Minnesota	Back on leaving prison	Back whenever not in prison for the offense. Changed in 2023.	Minnesota Statutes 201.014
Illinois	Back on leaving prison	No vote while confined. Back on release, including parole.	Illinois Election Code 10 ILCS 5/3-5
Michigan	Back on leaving prison	No vote while confined. Back on release, including parole or probation.	Michigan Compiled Laws 168.758b
New York	Back on leaving prison	Lost only while in prison for the felony.	NY Election Law 5-106
Massachusetts	Back on leaving prison	Barred only while in prison for a felony.	Massachusetts General Laws c. 51, Sec. 1
Oregon	Back on leaving prison	Restored automatically on release from prison. Probation and parole do not bar voting.	Oregon Revised Statutes 137.281
Nevada	Back on leaving prison	Back at once on probation, parole, a pardon, or release from prison.	Nevada Revised Statutes 213.157
Wyoming	Some need a pardon or court	Our reading: some get it back after the sentence; a 2023 law adds a 5-year path for those with no other felony.	Wyoming Enrolled Act 94 (2023, SF0120)
South Dakota	Back when the sentence ends	Eligible to register again once the sentence is complete.	SD Secretary of State - Felony Convictions
Iowa	Some need a pardon or court	The constitution bars all felons; a 2020 governor's order restores the vote when the sentence ends. Homicide must apply.	Iowa Governor - Voting Rights Restoration (Executive Order 7)
Indiana	Back on leaving prison	Can register again once no longer imprisoned or detained.	Indiana Code 3-7-13-4 and 3-7-13-5
Ohio	Back on leaving prison	Barred while in prison; people on parole or community control can vote.	Ohio Revised Code 2961.01
Pennsylvania	Back on leaving prison	Lost only while confined; people on probation or parole can vote.	PA Department of State - Criminal Status and Voting
New Jersey	Back on leaving prison	Barred only while serving a sentence of incarceration.	NJ Division of Elections - Voter Registration
Connecticut	Back on leaving prison	Back on release from prison. Election-law felonies wait until parole or probation ends.	Connecticut General Statutes 9-46a
Rhode Island	Back on leaving prison	Restored when discharged from prison.	R.I. Gen. Laws 17-9.2-3
California	Back on leaving prison	Lost only while serving a prison term. People on parole can vote since Prop. 17 (2020).	California Constitution, Art. II, Sec. 4
Utah	Back on leaving prison	Back on probation, on parole, or when the prison term ends.	Utah Code 20A-2-101.5
Colorado	Back on leaving prison	Lost only while incarcerated for a felony. People on parole can vote.	Colorado Secretary of State - Voters with Convictions FAQs
Nebraska	Back when the sentence ends	Back automatically once the sentence and parole are done. Treason needs a restoration of civil rights.	Nebraska Revised Statutes 32-313
Missouri	Back on leaving prison	Back on leaving prison (2026 law). Some sex and violent felonies wait for parole to end; election crimes bar it.	Revised Statutes of Missouri 115.133 (H.B. 1871, 2026)
Kentucky	Some need a pardon or court	A 2019 governor's order restored many nonviolent felonies after the sentence. Others stay barred without one.	Office of Gov. Beshear, Dec. 12, 2019
West Virginia	Back when the sentence ends	Barred while serving the sentence, including probation or parole.	West Virginia Code 3-2-2
Virginia	Some need a pardon or court	Today: lost unless the governor restores it. Voters approved back-on-release Nov. 3; it starts Jan. 1, 2027.	Constitution of Virginia, Art. II, Sec. 1
Maryland	Back on leaving prison	Back on release from prison (since 2016). People convicted of buying or selling votes stay barred.	Maryland DPSCS - Restoration of Voting Rights
Delaware	Some need a pardon or court	Back when the sentence ends. Murder, manslaughter, public-corruption and sex felonies: never, unless pardoned.	Delaware Constitution, Art. V, Sec. 2
Arizona	Some need a pardon or court	First felony: back after the sentence if restitution is paid. Any later felony: apply to a court.	Arizona Revised Statutes 13-907
New Mexico	Back on leaving prison	Can register and vote while on probation or parole.	NM Secretary of State - Voter Registration
Kansas	Back when the sentence ends	Back after the whole sentence, including probation or parole.	Kansas Secretary of State - Voting and Felony Convictions Guide
Arkansas	Back when the sentence ends	Back when the sentence is discharged, or on a pardon.	Arkansas Secretary of State - Voter Registration Information
Tennessee	Some need a pardon or court	Felonies since 1981 need a court order, with restitution and child support paid.	TN Secretary of State - Restoration of Voting Rights
North Carolina	Back when the sentence ends	Back automatically when prison, probation and parole end. Unpaid fines do not block it.	NC State Board of Elections - People in the Criminal Justice System
South Carolina	Back when the sentence ends	Back once the sentence is served, including probation and parole.	South Carolina Code 7-5-120
District of Columbia	Never lost, even in prison	People in prison keep the vote, whatever the offense.	DC Board of Elections - Incarcerated Voters and Returning Citizens
Oklahoma	Back when the sentence ends	Back once the sentence is fully served, including parole and probation.	Oklahoma Statutes Title 26, 4-101
Louisiana	Back when the sentence ends	Our reading: back when the sentence ends, or once out of prison 5 years if sooner.	Louisiana R.S. 18:102
Mississippi	Some need a pardon or court	Lost for listed crimes. Back only by pardon, the governor, or a bill passed by the legislature.	Mississippi Secretary of State - 2026 Voter Information Guide
Alabama	Some need a pardon or court	Lost for felonies on a state list. Most can apply after the sentence and fines; some need a pardon.	Alabama Board of Pardons and Paroles - Restoration of Voting Rights
Georgia	Back when the sentence ends	Back automatically once the sentence is complete; must register again.	Georgia Board of Pardons and Paroles - Pardons FAQs
Hawaii	Back on leaving prison	No vote in prison. People on probation or parole may vote.	Hawaii Office of Elections - Voters with a Felony Conviction
Texas	Back when the sentence ends	Back once the sentence is done, including probation or parole.	Texas Secretary of State - Voter Registration Requirements
Florida	Some need a pardon or court	Murder and felony sex offenses: only by clemency. Others: back after the whole sentence, including fines and fees.	Florida Division of Elections - Felon Voting Rights

In 24 states, the vote comes back the day you leave prison
State	Status, 2026	Note	Source
Alaska	Back when the sentence ends	Only crimes of 'moral turpitude' cost the vote. Back at unconditional discharge.	Alaska Statutes 15.05.030
Maine	Never lost, even in prison	People in prison keep the vote and register where they lived before.	Maine Secretary of State - Voting Residence
Wisconsin	Back when the sentence ends	Back when prison, probation, parole and extended supervision are done.	Wisconsin Statutes 304.078
Vermont	Never lost, even in prison	People convicted of a crime keep the vote, by absentee ballot, in prison.	Vermont 28 V.S.A. 807
New Hampshire	Back on leaving prison	Barred until final discharge, which the law defines as release from prison; parole and probation count.	NH RSA 607-A:2
Washington	Back on leaving prison	Restored automatically once out of total confinement.	RCW 29A.08.520
Idaho	Back when the sentence ends	Back at final discharge: prison, probation and parole all done.	Idaho Code 18-310
Montana	Back on leaving prison	Lost only while serving a sentence in a prison.	Montana Code Annotated 13-1-111
North Dakota	Back on leaving prison	Lost only during actual incarceration.	ND Secretary of State - Who Can Vote and How
Minnesota	Back on leaving prison	Back whenever not in prison for the offense. Changed in 2023.	Minnesota Statutes 201.014
Illinois	Back on leaving prison	No vote while confined. Back on release, including parole.	Illinois Election Code 10 ILCS 5/3-5
Michigan	Back on leaving prison	No vote while confined. Back on release, including parole or probation.	Michigan Compiled Laws 168.758b
New York	Back on leaving prison	Lost only while in prison for the felony.	NY Election Law 5-106
Massachusetts	Back on leaving prison	Barred only while in prison for a felony.	Massachusetts General Laws c. 51, Sec. 1
Oregon	Back on leaving prison	Restored automatically on release from prison. Probation and parole do not bar voting.	Oregon Revised Statutes 137.281
Nevada	Back on leaving prison	Back at once on probation, parole, a pardon, or release from prison.	Nevada Revised Statutes 213.157
Wyoming	Some need a pardon or court	Our reading: some get it back after the sentence; a 2023 law adds a 5-year path for those with no other felony.	Wyoming Enrolled Act 94 (2023, SF0120)
South Dakota	Back when the sentence ends	Eligible to register again once the sentence is complete.	SD Secretary of State - Felony Convictions
Iowa	Some need a pardon or court	The constitution bars all felons; a 2020 governor's order restores the vote when the sentence ends. Homicide must apply.	Iowa Governor - Voting Rights Restoration (Executive Order 7)
Indiana	Back on leaving prison	Can register again once no longer imprisoned or detained.	Indiana Code 3-7-13-4 and 3-7-13-5
Ohio	Back on leaving prison	Barred while in prison; people on parole or community control can vote.	Ohio Revised Code 2961.01
Pennsylvania	Back on leaving prison	Lost only while confined; people on probation or parole can vote.	PA Department of State - Criminal Status and Voting
New Jersey	Back on leaving prison	Barred only while serving a sentence of incarceration.	NJ Division of Elections - Voter Registration
Connecticut	Back on leaving prison	Back on release from prison. Election-law felonies wait until parole or probation ends.	Connecticut General Statutes 9-46a
Rhode Island	Back on leaving prison	Restored when discharged from prison.	R.I. Gen. Laws 17-9.2-3
California	Back on leaving prison	Lost only while serving a prison term. People on parole can vote since Prop. 17 (2020).	California Constitution, Art. II, Sec. 4
Utah	Back on leaving prison	Back on probation, on parole, or when the prison term ends.	Utah Code 20A-2-101.5
Colorado	Back on leaving prison	Lost only while incarcerated for a felony. People on parole can vote.	Colorado Secretary of State - Voters with Convictions FAQs
Nebraska	Back when the sentence ends	Back automatically once the sentence and parole are done. Treason needs a restoration of civil rights.	Nebraska Revised Statutes 32-313
Missouri	Back on leaving prison	Back on leaving prison (2026 law). Some sex and violent felonies wait for parole to end; election crimes bar it.	Revised Statutes of Missouri 115.133 (H.B. 1871, 2026)
Kentucky	Some need a pardon or court	A 2019 governor's order restored many nonviolent felonies after the sentence. Others stay barred without one.	Office of Gov. Beshear, Dec. 12, 2019
West Virginia	Back when the sentence ends	Barred while serving the sentence, including probation or parole.	West Virginia Code 3-2-2
Virginia	Some need a pardon or court	Today: lost unless the governor restores it. Voters approved back-on-release Nov. 3; it starts Jan. 1, 2027.	Constitution of Virginia, Art. II, Sec. 1
Maryland	Back on leaving prison	Back on release from prison (since 2016). People convicted of buying or selling votes stay barred.	Maryland DPSCS - Restoration of Voting Rights
Delaware	Some need a pardon or court	Back when the sentence ends. Murder, manslaughter, public-corruption and sex felonies: never, unless pardoned.	Delaware Constitution, Art. V, Sec. 2
Arizona	Some need a pardon or court	First felony: back after the sentence if restitution is paid. Any later felony: apply to a court.	Arizona Revised Statutes 13-907
New Mexico	Back on leaving prison	Can register and vote while on probation or parole.	NM Secretary of State - Voter Registration
Kansas	Back when the sentence ends	Back after the whole sentence, including probation or parole.	Kansas Secretary of State - Voting and Felony Convictions Guide
Arkansas	Back when the sentence ends	Back when the sentence is discharged, or on a pardon.	Arkansas Secretary of State - Voter Registration Information
Tennessee	Some need a pardon or court	Felonies since 1981 need a court order, with restitution and child support paid.	TN Secretary of State - Restoration of Voting Rights
North Carolina	Back when the sentence ends	Back automatically when prison, probation and parole end. Unpaid fines do not block it.	NC State Board of Elections - People in the Criminal Justice System
South Carolina	Back when the sentence ends	Back once the sentence is served, including probation and parole.	South Carolina Code 7-5-120
District of Columbia	Never lost, even in prison	People in prison keep the vote, whatever the offense.	DC Board of Elections - Incarcerated Voters and Returning Citizens
Oklahoma	Back when the sentence ends	Back once the sentence is fully served, including parole and probation.	Oklahoma Statutes Title 26, 4-101
Louisiana	Back when the sentence ends	Our reading: back when the sentence ends, or once out of prison 5 years if sooner.	Louisiana R.S. 18:102
Mississippi	Some need a pardon or court	Lost for listed crimes. Back only by pardon, the governor, or a bill passed by the legislature.	Mississippi Secretary of State - 2026 Voter Information Guide
Alabama	Some need a pardon or court	Lost for felonies on a state list. Most can apply after the sentence and fines; some need a pardon.	Alabama Board of Pardons and Paroles - Restoration of Voting Rights
Georgia	Back when the sentence ends	Back automatically once the sentence is complete; must register again.	Georgia Board of Pardons and Paroles - Pardons FAQs
Hawaii	Back on leaving prison	No vote in prison. People on probation or parole may vote.	Hawaii Office of Elections - Voters with a Felony Conviction
Texas	Back when the sentence ends	Back once the sentence is done, including probation or parole.	Texas Secretary of State - Voter Registration Requirements
Florida	Some need a pardon or court	Murder and felony sex offenses: only by clemency. Others: back after the whole sentence, including fines and fees.	Florida Division of Elections - Felon Voting Rights

As of 2026-11-09. Read each state's law, constitution or election office page on voting after a felony. Coloured by the rule for most felonies; a bar only for election crimes or treason is in the note. DC counts as a state. 'Our reading' marks calls a source does not state plainly. Virginia: the rule in force today. Sources: Alabama Board of Pardons and Paroles - Restoration of Voting Rights, Alaska Statutes 15.05.030, Arizona Revised Statutes 13-907, Arkansas Secretary of State - Voter Registration Information, California Constitution, Art. II, Sec. 4, Colorado Secretary of State - Voters with Convictions FAQs and 45 more, each cited on its row.

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Key Indicators

62.4%

Yes share, Question 1 (reproductive freedom)

Unofficial count as of the day after the election, with 37.6% voting no.

57.5%

Yes share, Question 2 (marriage equality)

Nearly identical to the 57.1% that passed the 2006 same-sex marriage ban it replaces.

56.5%

Yes share, Question 3 (voting rights restoration)

Restores voting rights automatically on release from incarceration.

Amendments approved

All three ballot questions passed; results are unofficial until certified.

235,000

Virginians told they should never have lost voting rights

State notifications sent in September 2026 after a federal ruling narrowed disqualifying crimes.

Voices

Curated perspectives — historical figures and your fellow readers.

People Involved

Abigail Spanberger

Governor of Virginia

In office; backed all three amendments

Jessi Blakely

State director, Family Foundation Action

Pursuing a court challenge to Question 1's ballot language

Mary Bauer

Executive director, ACLU of Virginia

Claimed the vote as a win for the three amendments

Jim Antonakos

Chesterfield County resident

Voted against Question 3

Organizations Involved

Virginia General Assembly

State legislature

Passed all three amendments twice, sending them to voters

Virginia's bicameral legislature, which must pass a constitutional amendment in two separate sessions before voters see it.

Virginia Department of Elections

State agency

Administering the vote and the certification process

The state agency that runs Virginia elections and publishes official results.

Founding Freedoms Law Center

Legal advocacy organization

Suing to block certification of Question 1

The legal branch of the Family Foundation, arguing that Question 1's ballot language was misleading.

ACLU of Virginia

Civil liberties organization

Supported all three amendments

The state affiliate of the American Civil Liberties Union, which backed the reproductive, marriage and voting rights amendments.

Timeline

June 2022 November 2026

9 events Latest: 3 days ago

Tap a bar to jump to that date

November 2026
Tazewell Circuit Court hears ballot-language challenge
Upcoming Legal

The Founding Freedoms Law Center asks a judge to block certification of Question 1's results.
In 2 days
Unofficial counts hold above 56% on every question
Latest Results

Question 1 finishes near 62.4%, Question 2 near 57.5% and Question 3 near 56.5%.
3 days ago
Voters approve all three amendments
Election

The Associated Press calls Question 1 shortly after 9 p.m. and Questions 2 and 3 by 9:34 p.m.
November 3rd, 2026
September 2026
State notifies about 235,000 Virginians of restored rights
Government action

Officials tell residents they should never have lost the vote under the narrowed disqualifying-crimes standard.
September 2026
January 2026
Federal judge narrows felony disenfranchisement
Court ruling

A judge finds Virginia's blanket ban violates the Readmission Acts, limiting disqualifying crimes to murder, voluntary manslaughter and involuntary manslaughter.
January 2026
2026
Second passage puts all three on the ballot
Legislative

The General Assembly approves the amendments a second time, referring them to voters in November.
2026
2025
Legislature passes the amendments for the first time
Legislative

Democratic majorities approve the reproductive, marriage and voting rights amendments in the first of two required sessions.
2025
2023
House Republicans defeat the abortion amendment
Legislative

The amendment fails in the House of Delegates, stopping the two-session process before it reaches voters.
2023
June 2022
Supreme Court overturns Roe v. Wade
Court decision

Dobbs v. Jackson Women's Health Organization returns abortion law to the states. Virginia Democrats begin pushing a constitutional amendment.
June 2022

Scenarios

All three amendments certified and written into the constitution

Likely Resolves by End of 2026

Discussed by: The Associated Press, which called all three races, and the Virginia Department of Elections

The State Board of Elections certifies the results, and the new language replaces the 2006 marriage ban and the felony disenfranchisement provisions. The reproductive amendment takes effect as written: abortion protected through the second trimester, contraception and fertility care shielded, providers insulated from prosecution. The Nov. 13 hearing does not stop certification.

Judge blocks certification of the abortion amendment

Unlikely Resolves by Q2 2027

Discussed by: The Founding Freedoms Law Center, which filed the suit, and Family Foundation Action

The Tazewell Circuit Court finds the ballot wording for Question 1 misled voters and orders the state not to certify the result. That would freeze the reproductive rights amendment while leaving Questions 2 and 3 in place. The state would likely appeal, and any appeal would run through Virginia's higher courts.

Abortion amendment certified late, after a prolonged appeal

Possible Resolves by Q3 2027

Discussed by: Virginia Mercury election coverage; the amendment's opponents have said they expect the dispute to continue

The Nov. 13 hearing produces a ruling either way, and the losing side appeals. Certification of Question 1 slips past Jan. 1, 2027, while Questions 2 and 3 take effect on schedule. The reproductive amendment's protections begin on the date the certified text is published, not on Election Day.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

1902

Virginia's 1902 Constitution (1902)

A convention led by Carter Glass wrote felony disenfranchisement and other voting barriers into Virginia's constitution, with the stated purpose of keeping Black Virginians from the polls. The list of disqualifying crimes later grew past 1,000. Only the governor could restore a lost vote.

Then

The provisions carried into the 1971 constitution and stayed in force for more than a century.

Now

By 2016, one in five Black Virginians was permanently barred from voting, and about 250,000 people were unable to vote after leaving prison as of 2024.

Why this matters now

Question 3 replaces that framework with automatic restoration on release from incarceration and writes a fundamental right to vote into the constitution.

November 2006

Marshall-Newman Amendment (2006)

Virginia voters approved an amendment defining marriage as between one man and one woman, 57.1% to 42.9%. It was the state's response to early same-sex marriage legalization elsewhere.

Then

The amendment took effect and shaped state law until 2015.

Now

The Supreme Court's Obergefell decision invalidated it, but the text stayed in the Virginia Constitution for eleven years.

Why this matters now

Question 2 deletes that language and adds a right to marry regardless of sex, gender or race. It passed 57.5% to 42.5%, almost the same margin as the ban it removes.

June 2022

Dobbs v. Jackson Women's Health Organization (2022)

The Supreme Court overturned Roe v. Wade, ending federal constitutional protection for abortion and returning the question to state legislatures. Virginia Democrats began pursuing a state constitutional amendment within weeks.

Then

Republicans in the House of Delegates defeated the amendment in 2023.

Now

The amendment returned and passed the legislature in 2025 and 2026, sending it to voters four years after Dobbs.

Why this matters now

Question 1 is the direct result: it puts abortion, contraception and fertility care beyond the reach of a future legislature and governor.