Virginia Felony Voting Rights: What You Need to Know After the August 19, 2026 Federal Court Order
For generations, Virginians with felony convictions have been told that a felony conviction automatically means losing the right to vote unless the Governor restores that right.
A major federal court ruling has changed that landscape.
On August 19, 2026, U.S. District Judge John A. Gibney Jr. issued another opinion in King v. Youngkin, reinforcing his earlier ruling concerning Virginia's felony disenfranchisement system and the Virginia Readmission Act of 1870.
The message from the federal court is significant: Virginia cannot disenfranchise someone simply because that person has a felony conviction.
What Did the Court Decide?
The Virginia Readmission Act was enacted when Virginia was readmitted to representation in Congress following the Civil War. Congress restricted Virginia's ability to expand voter disenfranchisement beyond crimes that were felonies at common law in 1870.
In January 2026, the federal court held that Virginia's practice of disenfranchising people for every felony conviction conflicted with that federal law.
The court identified 11 common-law felonies:
Arson
Burglary
Escape and rescue from prison or jail
Larceny
Manslaughter
Mayhem
Murder
Rape
Robbery
Sodomy
Suicide
The August 19 opinion reinforced an extremely important point: Virginia cannot take other modern statutory felony convictions and automatically use them as additional grounds for disenfranchisement simply because state officials believe they are similar to one of these historical crimes.
As Judge Gibney explained, Virginia may choose to disenfranchise someone convicted of one of the 11 common-law felonies, but it may not use another felony conviction as the basis for disenfranchisement.
Why Was Another Court Order Necessary?
Implementation of the original ruling became a major issue.
Virginia officials had interpreted the 11 historical common-law felony categories as potentially encompassing 284 modern statutory offenses.
The federal court rejected that approach.
The August 19 opinion made clear that the Commonwealth could not expand the narrow historical exception in this manner.
The court even provided an example involving Virginia's modern felony statute concerning the use of tear gas or other gases to injure another person. Although particular conduct might resemble the historical offense of mayhem, a conviction under that modern statute is not itself a conviction for common-law mayhem.
The distinction matters.
The federal law was intended to prevent Virginia from creating or relying upon new criminal classifications to expand the population that could be denied voting rights.
Why This Matters to Justice-Impacted Virginians
This ruling could affect a substantial number of Virginians who have felony convictions and were previously told that they could not vote.
The ACLU of Virginia has stated that the ruling clears the way for potentially hundreds of thousands of Virginians to have access to voter registration.
This means that if you have a felony conviction, you should not automatically assume that you are prohibited from registering to vote.
Your particular conviction matters.
What Should You Do?
If you have a felony conviction in Virginia:
1. Check your voter registration status.
Do not rely solely on what you were told years ago about your eligibility.
2. Determine the actual offense of conviction.
The August 19 ruling makes the specific conviction critically important.
3. Attempt to register if you believe you are eligible.
A past felony conviction does not, by itself, establish that you are currently prohibited from registering under the federal court's ruling.
4. Keep records.
Save copies or screenshots of registration submissions, correspondence, notices, and any decision concerning your eligibility.
5. Get assistance if your registration is rejected or delayed.
A denial or delay may require closer examination of your conviction and the federal court's orders.
The August 19 Order Is Especially Important
The August 19 decision was not simply a repeat of the January ruling.
It addressed how Virginia had been implementing that ruling.
The court noted problems with implementation, including failures to register the named plaintiffs, misinformation remaining online, and barriers to online registration. Although the parties agreed that certain implementation failures had subsequently been corrected, the court reaffirmed the central rule governing disenfranchisement.
For justice-impacted Virginians, that distinction is critical.
A felony conviction does not automatically answer the question of whether you can vote in Virginia.
Know Your Rights. Use Your Voice. Fuel Liberation.
Voting is one of the most direct ways communities can participate in decisions about criminal justice, education, housing, employment, public safety, and the laws governing their lives.
For people impacted by incarceration, civic participation is also part of rebuilding community power.
13th Liberation Village encourages every justice-impacted Virginian to educate themselves about this ruling, check their registration status, and determine whether they are eligible to register.
Do not disenfranchise yourself because of outdated information. Check your status and know your rights.
Resources
Visit the Virginia Department of Elections to check your voter registration status or register to vote.
Visit the 13th Liberation Village Resources page for our Restore the Vote educational materials and additional resources for justice-impacted Virginians.
13th Liberation Village
Know Your Rights. Use Your Voice. Fuel Liberation.
This article provides general educational information and is not individualized legal advice. Voting eligibility can depend on the specific conviction and circumstances.