Virginia Voters Could Give Felons Voting Rights Before Their Sentences Are Over

Virginia could be on the cusp of significantly expanding voting rights for people convicted of felonies, even before they have served their full sentences.

Question 3, on the ballot in November, is an amendment that would automatically restore voting rights to felons “upon release from incarceration.” Sentences for felony convictions frequently involve parole and fines that extend beyond incarceration.

Under the current constitution, people convicted of felonies must submit their own request to the governor’s office for the restoration of voting rights.

Former Virginia Attorney General Ken Cuccinelli said the ballot measure is overly broad.

“It would be a lot more reasonable if it was for felons who served their full sentence, not just for everyone who leaves prison,” Cuccinelli, chairman of the Election Transparency Initiative at Heritage Action, told The Daily Signal. “It has nothing to do with financial penalties or parole.”

Question 3 has gained bipartisan backing, as supporters include the Democratic Socialists of America on the left and Americans for Prosperity on the right, according to Ballotpedia.

Virginia Democratic Gov. Abigail Spanberger spoke out in support of Question 3 during remarks in Alexandria on Oct. 2.

“Our administration has restored the rights of well over a hundred thousand people,” the governor said while speaking at the NAACP Freedom Fund Dinner.

She also praised Attorney General Jay Jones for pushing the proposed amendment.

“While I am proud that we have restored the rights of so many Virginians, I also believe that it should not depend on who the governor is to decide whether eligible people receive their right to vote once again,” she said. “This is why I am standing shoulder to shoulder with Attorney General Jones asking people to vote ‘yes’ for our constitutional amendment to automatically restore voting rights to Virginians.”

A federal court ruling already made many Virginia residents with felony convictions eligible to register to vote.

In January, U.S. District Judge John A. Gibney Jr. of the Eastern District of Virginia, a Barack Obama appointee, prevented Virginia from disenfranchising people convicted of felonies other than 11 offenses recognized as common-law felonies in 1870, including murder and manslaughter. Those offenders remain disqualified from voting after release unless the governor restores their rights.

Virginians for the Right to Vote, a coalition of groups supporting the measure, raised more than $400,000 to support it, while there is no organized opposition, according to Ballotpedia.

A Christopher Newport University survey in January found the measure was supported by 64% of Virginia voters.

Two other Virginia ballot measures would enshrine abortion and same-sex marriage in the state constitution.

“I’d be surprised if any of the three constitutional amendments are defeated,” Cuccinelli said.

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