Felon Voting Rights in Virginia

The state constitution of Virginia provides that all convicted felons permanently lose voting rights. These rights may only be restored if the felon petitions the governor for restoration of the voting rights.

Petition Process

Virginia law provides a petition process for restoration of voting rights. The guidelines are fully set out in the Virginia Code § 53.1-231.2: Restoration of the civil right to be eligible to register to vote to certain persons. A felon may petition the appropriate Virginia circuit court for restoration of voting rights.

Qualified Petitioners

Any felon may petition the court for restoration of voting rights, except for those convicted of any violent felony. The Virginia Code defines violent felonies as those listed under code §§ 19.2-297.1, subsection C of 17.1-805, 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-255, 18.2-255.2 , 18.2-258.02, or § 24.2-1016.

Court Approval

The court may grant the petition if it finds that the petitioner: completed his sentence more than five years previously; has shown civic responsibility to the community; has received no more criminal convictions. If the petition is approved, the court will create an order stating that the petitioner's voting rights may be restored by 90 days of the order, subject to approval by the governor.

Governor Approval

The governor receives the order, and may approve or deny the petition. If the governor grants the petition, the petitioner will receive a certificate of restoration within 90 days of the date of the order. Upon receipt of the certificate, the petitioner may register to vote. If the governor denies the petition, the petitioner will receive notice of denial within 90 days of the date of the order.

Effect of Approval or Denial

The governor's decision to approve or deny the petition is a final decision. The petitioner may not appeal this decision.

References

• Virginia Code § 53.1-231.2
• Legislative Information System: Constitution of Virginia