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Bill > SJR248

VA SJR248

VA SJR248
Constitutional amendment (first reference); qualifications of voters; right to vote; persons not entitled to vote.

summary

Introduced
11/25/2024
In Committee
02/07/2025
Crossed Over
01/21/2025
Passed
02/13/2025
Dead
Signed/Enacted/Adopted
03/24/2025

Introduced Session

Potential new amendment
2025 Regular Session

Bill Summary

Constitutional amendment (first reference); qualifications of voters; right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution of Virginia shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. The amendment provides that a person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution of Virginia provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

AI Summary

This joint resolution proposes an amendment to the Constitution of Virginia that clarifies and expands voting rights by establishing that every person meeting basic voter qualifications (being a U.S. citizen, 18 years old, a resident of Virginia, and registered to vote) has a fundamental right to vote, with two specific exceptions. First, individuals convicted of a felony cannot vote while incarcerated, but automatically regain their voting rights upon release without requiring additional action from the Governor, which differs from the current process. Second, persons who have been legally determined by a court to lack the capacity to understand voting will be ineligible to vote during their period of incapacity, until their capacity is legally reestablished. The resolution also includes provisions about residency requirements, allows for advance voter registration for those who will be of voting age by the next general election, and provides flexibility for overseas voters and those who have moved between precincts. By explicitly stating the fundamental right to vote and streamlining voting rights restoration, the amendment aims to make voting access more straightforward and consistent.

Committee Categories

Government Affairs

Sponsors (21)

Last Action

Acts of Assembly Chapter text (CHAP0604) (on 03/24/2025)

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