Can you vote with a felony in West Virginia?
The short answer
After the sentence.
In West Virginia, a felony takes away the right to vote through prison, parole and probation. It comes back once the whole sentence is complete.
In West Virginia, a person convicted of a felony, treason or bribery in an election, under state or federal law, can't register or stay registered while serving the sentence, including any incarceration, probation or parole. Once the sentence is fully served, the person may register again and vote in the next election.1,2,3
Before you register
Your state or county election office can confirm your own status, for free. Voting while ineligible can carry criminal penalties, so if anything about your case is unclear, ask them first. The general election is November 3, 2026; registration deadlines are on vote.gov.
How the right comes back
Automatically
The disqualification lasts "while serving his or her sentence, including any period of incarceration, probation or parole" (W. Va. Code § 3-2-2(b)). The Secretary of State says that once the sentence is fully served and the person is "off papers," they may re-register to vote and take part in the next election. No application or certificate is needed.1,3,4
Fines, fees and restitution
Not confirmed
W. Va. Code § 3-2-2(b) and the Secretary of State tie eligibility to serving the sentence, including incarceration, probation and parole. The Secretary of State's brochure says "off papers" means a person "is no longer subject to any conditions or restrictions as part of their parole or probation," but none of these sources mentions fines, fees or restitution or says whether unpaid amounts keep a sentence from being complete.
Registering again
Yes
Once the right is back, West Virginia requires a new voter registration before voting.3,4
Misdemeanors and jail
The Secretary of State says a person convicted of a misdemeanor is eligible to register and vote, and its brochure says a person in jail for a misdemeanor conviction may apply for an absentee ballot. The statute and the state constitution list "bribery in an election" alongside felony and treason as disqualifying while the sentence is served; the sources opened don't say whether any election-bribery offense is a misdemeanor, which is why felony_only is false.1,2,3,4
The official sources opened don't address people held in jail before trial; the disqualification applies to a person who "has been convicted."1
Convictions from another state or federal court
The statute covers convictions "under either state or federal law", so federal felony convictions count, and the Secretary of State's brochure says the county clerk cancels a registration on official notice of the conviction from a state or federal court. Neither says how convictions from other states are treated.1,4
The law
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This page explains West Virginia's general rules from its law and election office. It isn't legal advice, and a case can turn on the details of a sentence. The election office can confirm your status.
Spot something out of date? Tell us at contact@secondchanceindex.com.
Cite this page
Second Chance Index, "Can you vote with a felony in West Virginia?" https://secondchanceindex.com/voting-rights/west-virginia, checked October 22, 2026.
Sources
Each source was opened and checked on October 22, 2026.
- W. Va. Code § 3-2-2(b)
- W. Va. Const. art. IV, § 1
- Elections Frequently Asked Questions (FAQs)West Virginia Secretary of State
- What You Need to Know: Felon Voting Rights in West Virginia (brochure)West Virginia Secretary of State
- Senate Joint Resolution 9 (2026), enrolled: Amendment 1, Citizenship Requirement to Vote in West Virginia Elections AmendmentWest Virginia Legislature