10-29-2026 10:59pm

Election 2026 VIRGINIA CONSTITUTIONAL AMENDMENT — QUESTION 3

John Williams Editor

By John L Williams, Editor Of The Spotsylvania Gazette

Exact Wording on the Ballot

“Should the Constitution of Virginia be amended (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?” (elections.virginia.gov⁠)

Question 3: Virginia Voters to Decide Changes to Voting Rights

Third in The Spotsylvania Gazette’s series explaining Virginia’s proposed constitutional amendments.

Spotsylvania voters will join voters across Virginia on November 3, 2026, in deciding whether to change the state Constitution’s provisions on voting rights. The proposal addresses three matters: the fundamental right to vote, restoration of voting rights following incarceration for a felony conviction, and a person’s capacity to understand the act of voting. (elections.virginia.gov⁠, elections.virginia.gov⁠)

What the Constitution Currently Provides

According to Virginia’s official voter explanation, a person convicted of a felony loses the right to vote unless the governor restores that right. Release from incarceration does not automatically restore voting rights.

The official explanation also describes the existing constitutional restriction concerning incapacity as broad. A court determination of incapacity can remove voting rights regardless of the kind of incapacity. Only a court can restore those rights. (elections.virginia.gov⁠)

What the Amendment Would Change

The amendment would expressly establish a fundamental right to vote for people who meet Virginia’s voter qualifications.

A person incarcerated for a felony conviction would remain ineligible to vote during that incarceration. Upon release, voting rights would return automatically, without requiring restoration by the governor.

The amendment would also require a specific court finding that a person lacks the capacity to understand the act of voting before voting rights could be removed on that basis. (elections.virginia.gov⁠)

Voter Qualifications Would Remain

The proposal retains requirements concerning U.S. citizenship, voting age, residency and voter registration. Automatic restoration of voting rights would not automatically register someone to vote. (elections.virginia.gov⁠)

What a “Yes” Vote Means

A “Yes” vote approves all three parts of the amendment: establishing the fundamental right to vote, restoring voting rights automatically after release from incarceration for a felony conviction, and changing the constitutional standard concerning capacity to understand voting.

What a “No” Vote Means

A “No” vote rejects the amendment and leaves the existing constitutional provisions in place. (votefloydva.gov⁠)

Voters Decide

Virginia voters will decide whether these changes become part of the state Constitution. The Spotsylvania Gazette provides this explanation for voter information and does not recommend a “Yes” or “No” vote.