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SJ 248

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

2025 Regular Session Introduced by Lashrecse Aird and 20 co-sponsors

The bill codifies voting as a fundamental right for qualified Virginians, ends automatic felon disenfranchisement during incarceration with automatic restoration on release, and li

Acts of Assembly Chapter text (CHAP0604)
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Bill Summary · SJ 248

Summary — SJ 248 (2025)

Constitutional amendment — Qualifications of voters; right to vote; persons not entitled to vote

Purpose

SJ 248 proposes an amendment to Section 1 of Article II of the Virginia Constitution to (1) explicitly state that the right to vote is a fundamental right for persons meeting the basic voter qualifications, (2) modify how felony convictions affect voting eligibility, and (3) revise the standard for disqualification based on mental incapacity.

Key provisions

  • Establishes an explicit fundamental right to vote for every person who meets the constitutional qualifications (U.S. citizenship, age 18, residence requirements, and registration), stating that the right “shall not be abridged by law, except that:” certain disqualifications apply.
  • Felony convictions:
    • Replaces language requiring restoration of civil rights by the Governor or other authority with a rule that persons convicted of a felony are not entitled to vote during any period of incarceration for that felony conviction.
    • Provides that upon release from incarceration for the felony, the person “without further action required” shall be invested with all political rights, including the right to vote.
  • Mental incapacity:
    • Replaces the older phrasing (“adjudicated to be mentally incompetent”) with a narrower formulation disqualifying only those adjudicated to “lack the capacity to understand the act of voting.”
    • Disqualification lasts only “during such period of incapacity until has been reestablished as prescribed by law.”
  • Residence and registration provisions (subsection b and c) remain in place: domicile and place of abode requirements, General Assembly authority to provide voting accommodations for overseas personnel and recent movers, alternatives for presidential election registration, and advance registration/primary voting for persons who will be 18 by the next general election.

Who is affected

  • Virginians incarcerated for felony convictions: would be barred from voting only while incarcerated; voting rights would be restored automatically upon release.
  • Individuals adjudicated by a court to lack the capacity to understand voting: would be temporarily disqualified until capacity is reestablished pursuant to law.
  • Election administrators and the General Assembly: may need to adjust procedures and statutes to implement automatic post-release restoration and any capacity-restoration processes.

Legislative status and timeline

  • Prefiled: Nov 25, 2024; Introduced/Offered Jan 8, 2025.
  • Passed Senate (21–18) Jan 21, 2025; Passed House (55–42) Feb 13, 2025.
  • Reported from Privileges & Elections (committee votes reported 8–6 and 13–9 at different stages).
  • Enrolled and signed (Speaker/President) in March 2025; Acts of Assembly Chapter 604 (assigned Mar 24, 2025).
  • As a proposed constitutional amendment, SJ 248 must be agreed to by the General Assembly again at its first regular session held after the next general election of House members (per Article XII, §1) before it can be submitted to voters in a referendum. Only after successful concurrence and voter approval would the amendment become part of the Constitution.

Compiled from official sources — confirm details with the bill’s official record.

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