Welcome to part three of our four-part series on Virginia’s 2026 proposed constitutional amendments. Virginians will be voting on these amendments on November 3. In this article, we take a closer look at HJR 2, which guarantees the automatic restoration of voting rights for felons who served their sentences and were not convicted of certain common law felonies. This amendment will correct an injustice that denies the rights of Virginia citizens who have paid their debt to society.
Background
Virginia is one of ten states that does not automatically restore voting rights for those convicted of a felony. Instead, people have to apply to the governor’s office for restoration of their rights once they’ve completed their sentence, which includes parole and probation as well as prison time. Governors consider these applications on a case-by-case basis.
Three previous governors from both parties simplified the application process and automatically restored rights so long as the prison sentence was served. When former Governor Youngkin was elected, however, he reverted back to the petition process. Not only did his policy reduce the number of approvals, but it also provided little guidance to applicants on how to submit a successful petition.
This change in policy prompted Senator (then Delegate) Elizabeth Bennett-Parker (D SD39) to become the chief sponsor of HJR 2, which would restore voting rights to felons.
HJR 2
HJR 2 mandates that anyone convicted of a felony “upon release from incarceration for that felony conviction and without further action required of him, shall be invested with all political rights, including the right to vote….” Senator Bennett-Parker explained that “The right to vote is fundamental to our democracy. Completing this [proposed amendment] is about fairness, redemption, reintegration, and the belief in second chances.” Similarly, Governor Spanberger noted that, “When Virginians have paid their debt to society, they deserve to regain their right to vote.” While running for governor, she made a promise to address this injustice.
One of Virginia’s elected officials, House Speaker Don Scott (D HD88), can speak from personal experience about how much it means to former felons to be able to vote. Del. Scott was once convicted of a felony and served his prison sentence. He went on to a career in public service and attained an important leadership role. He hopes that HJR 2 can enable others like him to do the same.
King and Johnson, et al. v. Youngkin
On Jan. 22, 2026, a federal judge ruled against Virginia’s constitutional provision automatically stripping an individual’s voting rights away once they are convicted of a felony. US District Court Judge John Gibney based his decision on the federal Virginia Readmission Act of 1870, which allowed Virginia to regain congressional representation following the Civil War. The intent of the law was to protect Black voters by prohibiting the state from passing laws that deprived citizens of the right to vote, unless they were convicted of common law felonies, such as murder and rape.
King and Johnson argued that their drug-related felony convictions did not fall under the common law felony categories covered in the Readmission Act. Judge Gibney agreed, writing that, “For well over a century, the Commonwealth of Virginia has disobeyed a federal law designed to protect the right of former enslaved people to vote.” His opinion held that Virginia cannot strip a person’s voting rights away for felonies other than those covered by the common law in 1870, such as arson, burglary, prison escape, larceny, manslaughter, mayhem, murder and rape.
Judge Gibney ordered the state of Virginia to comply with his ruling starting May 1, 2026. While it is not known exactly how many Virginians are in the same situation as King and Johnson, their attorney said that “it’s going to be a significant number” that could affect hundreds of thousands. He cited research by The Sentencing Project in 2024 that estimated about 260,000 Virginians cannot vote due to felony convictions.
Why the King and Johnson case and HJR 2 matter
Both the proposed amendment and the King and Johnson case matter because they:
- Enable Virginians who have served their felony sentences to participate in civic life;
- Protect a significant segment of Virginians, including African Americans, from illegal disenfranchisement;
- Remove obstacles to voting and promote democratic values; and
- Bring Virginia into consistency with the large majority of states that restore voting rights to felons once their sentence is served.
Conclusion
Even if HJR 2 does not pass, Judge Gibney’s ruling makes it clear that Virginia must automatically restore the right to vote to certain felons under the Virginia Readmission Act of 1870. Does this mean that Virginians shouldn’t bother to vote for this amendment in November? No, because enshrining this right in our state constitution is a powerful testament to our belief in democratic values that promote broad participation in civic life. Not only that, but voting for HJR 2 will ensure that the rights of those who have paid their debt to society do not change arbitrarily with each governor and his or her political party.
Passing HJR 2 will build trust and goodwill among Virginia’s citizens who took responsibility for their crimes, did their time, and want to become responsible, active citizens. Recognizing this right encourages former felons to rejoin society, which is a worthy goal for any democracy. So, vote Yes on HJR 2 come November!
Take Action
- Vote Yes on HJR 2
