DMV LOCAL RECAP: Virginia Expands Voting Eligibility After Felony

DMV LOCAL RECAP: Virginia Expands Voting Eligibility After Felony Convictions

Virginia has changed its voter registration guidance following a federal court ruling, potentially restoring voting eligibility to thousands of people ahead of the November 3 election.

Under the Virginia Department of Elections’ updated guidance, people who are no longer incarcerated generally will not be disqualified from voting because of a felony conviction. The state identified three exceptions: murder, voluntary manslaughter and involuntary manslaughter.

The change follows a years-long legal battle over Virginia’s felony disenfranchisement rules and the federal Virginia Readmission Act. The Reconstruction-era law restricts Virginia’s ability to disenfranchise residents based on crimes that were not recognized as felonies at common law when the state was readmitted to Congress in 1870.

The ACLU of Virginia estimates that about 250,000 Virginians who otherwise would have been unable to vote could be affected by the court ruling. Under the state’s new guidance, the organization estimates that roughly 10% of that group would remain disqualified because of the type of conviction.

The issue is also heading directly to Virginia voters.

A proposed constitutional amendment appearing on the November 3, 2026 ballot would establish automatic restoration of voting rights after a person convicted of a felony is released from incarceration. If approved by voters, the amendment would take effect January 1, 2027.

Early voting in Virginia begins Friday, September 18 and runs through October 31.