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Virginia Voters Approve Amendment to Automatically Restore Voting Rights After Prison

It removes gubernatorial discretion by making voting rights automatic upon release from incarceration.

Overview

  • Voters approved a legislatively referred constitutional amendment that makes voting a fundamental right and restores voting rights automatically when a person leaves incarceration.
  • The amendment narrows disenfranchisement to the period of incarceration and updates the mental-capacity rule to apply only to people who lack the capacity to understand the act of voting.
  • The change ends the long-standing practice that required a governor to grant restorations and will shift authority from the governor's office to the state constitution, with certification and agency guidance still needed to implement details.
  • Advocates said the amendment will enfranchise a large number of Virginians who were barred by past rules, and estimates from criminal-justice groups put the preexisting disenfranchised population in the hundreds of thousands.
  • The vote follows years of legal and political fights over restorations, including a 2016 mass-restoration order blocked by the Virginia Supreme Court and wide swings in restoration rates under different governors.