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Virginia committee advances amendment to restore voting rights after incarceration

2118385 · January 14, 2025
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Summary

The Senate Privileges and Elections Committee voted to report SJ248, a constitutional amendment to automatically restore voting rights to people released from incarceration for felony convictions, after public testimony overwhelmingly in favor and committee debate over restitution and violent crimes.

The Senate Privileges and Elections Committee voted to report SJ248, a constitutional amendment that would automatically restore the right to vote to people released from incarceration for felony convictions.

The amendment, introduced by Senator Mamie Locke (23rd District), would recognize a guaranteed right to vote in the Virginia Constitution and state that a person released from incarceration “shall be invested with all political rights, including the right to vote” without any further action required.

Supporters told the committee the amendment fixes what they described as an arbitrary and racially biased restoration process. Tram Nguyen of New Virginia Majority said her organization had worked on the issue for 18 years and thanked Senator Locke for carrying the measure. Jeff Caruso of the Virginia Catholic Conference said, “All people who have completed their sentences should have their voting rights restored.” Chris Kaiser of the ACLU of Virginia said the current rules “make our democracy less representative.” Several witnesses described long delays or lack of transparency in the current restoration process.

Senators asked whether the amendment would differentiate between violent and nonviolent felonies and whether it would affect obligations such as restitution. Senator Sturtevant asked whether the amendment would require payment of restitution; Senator Locke replied, “this amendment does not address restitution. It has nothing to do with restitution. It also does not absolve an individual from having to pay restitution.” Senator Durant and others pressed on whether the measure treats violent offenses differently; Senator Locke said the amendment restores rights after a person has “served their time, in prison and they are released.”

After questions and brief remarks, a motion to report SJ248 passed on an 8–6 roll call.

Committee action leaves the resolution headed to the full Senate for further consideration. Because SJ248 is a proposed constitutional amendment, passage by the General Assembly in two sessions and a statewide referendum would be required before it becomes part of the Constitution of Virginia.