Can you vote with a felony in Virginia?

How the right comes back

Depends on the conviction

For a felony that is not one of the three disqualifying offenses, the Department of Elections says the right to register "is restored automatically when you are released from incarceration," with no application to the Governor, and applications from people incarcerated for a felony are held until release. On the voter registration application, the person answers "yes" to the felony question and "no" to the restoration question (unless the Governor previously restored their rights), which the Department says will not invalidate the application. For murder, voluntary manslaughter or involuntary manslaughter, only the Governor can restore the right: a person who is no longer incarcerated can ask the Secretary of the Commonwealth through restore.virginia.gov or (804) 692-0104, and the Governor has sole discretion. Va. Code § 53.1-231.2 also lets some people petition a circuit court five years after finishing their sentence, but it excludes violent felonies and certain drug and election felonies, and the Governor still decides. The Secretary of the Commonwealth's restoration page and the official explanation of Question 3 still describe the older rule that any felony conviction takes away the right; the Department of Elections' registration pages apply the court order, and the local general registrar decides each registration.^2,5,6,7,9,10

When the right doesn't come back on its own

• Murder (Va. Code § 18.2-32)
• Voluntary manslaughter (Va. Code § 18.2-35)
• Involuntary manslaughter (Va. Code § 18.2-36)

The Department of Elections says people convicted of these three statutory offenses, which the Commonwealth identified as exactly matching common-law felonies covered by the court order, can register only if the Governor restores their rights. The Constitution gives the Governor sole discretion, and requests go to the Secretary of the Commonwealth at restore.virginia.gov. If Question 3 passes on November 3, 2026, people with these convictions would also regain the right on release from incarceration, starting January 1, 2027.^1,5,6,8,9

Fines, fees and restitution

Not confirmed

For felonies that are not disqualifying, the Department of Elections says the right returns automatically on release from incarceration and lists no payment condition. For the three disqualifying offenses, the Secretary of the Commonwealth's restoration page and the Governor's July 31, 2026 release do not mention fines, fees or restitution, and Va. Code § 53.1-231.2 does not mention them either, so whether payment matters to the Governor's decision is not stated.

Registering again

Yes

Once the right is back, Virginia requires a new voter registration before voting.⁶

Misdemeanors and jail

Virginia's Constitution takes away the right only for a felony conviction; the official pages opened do not mention misdemeanors.¹

The official pages opened don't address people held in jail before trial. The constitutional disqualification applies to a person "convicted of a felony", and the Department of Elections' hold on applications applies to people "physically incarcerated for a felony conviction."⁵

What's changed

Coming January 1, 2027. Ballot Question 3 on November 3, 2026 asks whether to amend Article II, Section 1 of the Constitution of Virginia "(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?" Under 2026 Acts of Assembly chapter 5 (SB 6), if a majority votes yes, the amendment takes effect January 1, 2027. Companion laws (2026 Acts chapters 992 and 1081, SB 162 and HB 964, approved April 22, 2026) take effect the same day only if it passes: they say a person convicted of a felony is "invested with all political rights" on release from incarceration, bar requiring a court order or other documentation to register, and repeal the circuit-court petition process in Va. Code §§ 53.1-231.1 and 53.1-231.2.³

January 22, 2026: A federal court's final order in King v. O'Bannon (E.D. Va., No. 3:23cv408), filed January 22, 2026, barred Virginia election officials from denying or cancelling voter registrations except for convictions of eleven felonies that existed at common law in 1870. The Department of Elections now says only convictions under Va. Code §§ 18.2-32, 18.2-35 and 18.2-36 disqualify, and that people with other felony convictions may register once released from incarceration.⁵

The law

• Va. Const. art. II, § 1
• Va. Code § 53.1-231.2
• 2026 Va. Acts ch. 5 (SB 6) (Question 3 referendum)
• 2026 Va. Acts chs. 992 and 1081 (SB 162, HB 964), contingent on Question 3

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