Virginia Voters Dismantle Jim Crow-Era Voting Ban with Historic Constitutional Amendment
Amendment ends one of the nation’s longest-standing disenfranchisement laws, automatically restoring voting rights to Virginians upon release from incarceration.
Related to: Voting Rights, State Advocacy
[Washington, D.C.]– The Sentencing Project applauds Virginia’s voter-approved constitutional amendment to roll back the state’s Jim Crow-era felony voting rights ban. Virginia’s approval of the ballot measure demonstrates growing momentum to expand democratic participation to Americans impacted by the criminal legal system and marks a historic step to dismantle one of the nation’s longest-standing barriers to democratic participation. Virginia is among 27 states and the District of Columbia that have expanded voting rights to persons with felony convictions since 1997.
“Virginians sent a clear message. The state’s electorate believes democracy is stronger when more people have a voice in it,” said Nicole D. Porter, Senior Director of Advocacy at The Sentencing Project. “Grassroots organizers from Kentucky to Texas and beyond are working to challenge felony voting bans, which is why Virginia’s victory is so meaningful for the Commonwealth and the nation. We will continue working with advocates, lawmakers, and election officials in every state until voting rights are protected and accessible for all eligible citizens regardless of conviction status.”
“This victory is generations in the making. For 196 years, Virginia’s Constitution has carried forward a Jim Crow-era policy excluding people from democracy because of a felony conviction,” said Sheba Williams, founder and executive director of Nolef Turns. “Virginians chose a different future, one that recognizes that people deserve a voice in the decisions that shape their lives. They rejected a system rooted in exclusion and overturned one of the nation’s longest-running barriers to democratic participation. This amendment rids our constitution of the last remaining vestige of the Jim Crow era. We now have a fair and consistent process that is enshrined in our constitution that ensures that every eligible voter has the fundamental right to vote. Virginia’s voters spoke and what they said tonight was “democracy is strongest when everyone has a seat at the table.”
Prior to the referendum’s passage, federal interventions and executive actions altered Virginia’s voting rights landscape earlier in 2026. The U.S. District Court for the Eastern District of Virginia ruled in King v. O’Bannon that the state’s lifetime voting ban violated the Virginia Readmission Act of 1870. The court mandated that election officials stop denying voter registration to non-incarcerated individuals convicted of non-common law offenses, defining common-law exceptions as convictions for murder, voluntary manslaughter, and involuntary manslaughter. Governor Abigail Spanberger separately restored voting rights to more than 100,000 individuals with felony convictions using her executive authority.
Despite these advances, millions of Americans remain disenfranchised because of a felony conviction. In 2024, The Sentencing Project estimated four million Americans were denied the right to vote in elections, including over a quarter million Virginians. One out of every 10 Black Virginians were banned from voting as a result of a felony conviction in 2024.
The Sentencing Project called on elected officials at every level of government to build on the momentum generated by the election by eliminating outdated disenfranchisement policies, improving voter education efforts, and ensuring eligible voters have meaningful access to registration and voting opportunities.
“As Americans look ahead to the next chapter of our democracy, this election offers a clear reminder that expanding participation strengthens communities and institutions alike,” Porter said. “The future of our democracy depends on ensuring that every eligible voice can be heard.”