Amendments Voting Information

Early Voting Begins September 18

November 3, 2026 – General and Special Elections

Each link for each Proposed Constitutional Amendment will take you to the Department of Elections website where you can read the ballot question, access the voter explainer, and read the actual text of the amendment.

Proposed Constitutional Amendment #1 – Abortion: Click here to learn more. 
Proposed Constitutional Amendment #2 – Same Sex Marriage: Click here to learn more. 
Proposed Constitutional Amendment #3  – Restoration of Rights: Click here to learn more. 

Deadlines:

  • Register to Vote/Update Registration: 10/23/2026
  • Early in-person voting: 9/18/2026 through 10/31/2026
  • Apply for ballot to be mailed to you: through 10/23/2026

Resources

Below are resources for the Abortion Amendment and the Same Sex Marriage Amendment. Follow the links to find the resources.

Proposed Constitutional Amendment #1

Amendment 1: Right to Reproductive Freedom
3 Opposition Points

  1. Undefined “mental health” exception eliminates meaningful third-trimester limits. The amendment permits the Commonwealth to regulate third-trimester abortion care, but explicitly prohibits any prohibition on an abortion when “in the professional judgment of a physician” it is medically indicated to protect the “mental health” of the pregnant individual. The term “mental health” is not defined anywhere in the amendment text, leaving it entirely to individual physician discretion with no statutory standard. This effectively renders any third-trimester regulation unenforceable, as any physician can invoke the mental health exception to override legislative regulation.
  2. “Least restrictive means” standard eliminates existing health and safety regulations. The amendment provides that the right to reproductive freedom “shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means.” This strict scrutiny standard — the highest constitutional bar — would subject existing clinic safety regulations, physician licensure requirements, and informed consent statutes to legal challenge, as opponents would be required to demonstrate that no less restrictive alternative exists. Existing state law regulations that currently govern abortion providers could be invalidated through litigation.
  3. The amendment lacks parental notification or consent language for minors. Senate Minority Leader Ryan McDougle criticized the amendment for excluding language that would require parental consent for minors seeking an abortion. The text confers the right on “every individual” without any age distinction or parental involvement provision. As a constitutional amendment, it would presumptively supersede any existing or future legislative attempt to require parental notification, since such a requirement could be characterized as a “burden” on the enumerated right.

The Family Foundation has put together some great resources related to the dangers of Proposed Constitutional Amendment #1: Abortion. Click here to learn more. On the website (also below), you will find a redline version of the amendment and other resources.

Proposed Constitutional Amendment #2

Amendment 2: Repeal of Same-Sex Marriage Ban
3 Opposition Points

  1. The amendment introduces legally ambiguous “gender” language alongside “sex,” creating interpretive uncertainty. The amendment would prohibit the state from denying a marriage license to two adult persons “on the basis of the sex, gender, or race of such persons” and would bar the government from treating a legal marriage differently under the law “based on the sex, gender, or race of the spouses.” Virginia law does not define “gender” separately from “sex” in this context. The distinction between the two terms creates a potentially broad and undefined constitutional mandate whose scope courts — not the legislature — will determine.
  2. The amendment goes beyond the scope of the existing unenforceable provision it claims to merely repeal. The Marshall-Newman Amendment defining marriage as between one man and one woman has been unenforceable since the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges. The proposed amendment therefore does not address a legal gap in protections but instead embeds new and broader constitutional language — including the undefined “gender” classification — that goes beyond repealing the dormant provision, creating new constitutional obligations with uncertain downstream effects on other statutes.
  3. The amendment provides no explicit protection for religious liberty or conscientious objection. Lt. Governor Nominee John Reid stated the amendment “doesn’t provide protection for people who” have religious objections, noting the absence of any religious liberty carve-out in the text. Unlike some other state marriage amendments that explicitly preserved religious organizations’ and clergy’s right to decline participation, this amendment contains no such language, leaving those conflicts to be resolved through litigation rather than by legislative design.
 
 

The Family Foundation has put together some great resources related to the dangers of Proposed Constitutional Amendment #1: Same Sex Marriage. Click here to learn more. On the website (also below), you will find a redline version of the amendment and other resources.

Live Action has other resources on their website about the right to life and protecting the pre-born. Visit the Live Action website by clicking here.

Proposed Constitutional Amendment #3

Amendment 3: Automatic Voting Rights Restoration
3 Opposition Points

  1. The amendment eliminates all individualized review, including for violent and serious felony convictions. The amendment would establish a state constitutional right to vote for all citizens who are not currently incarcerated for a felony, restoring rights to all Virginians with felony convictions without further paperwork as long as they are not presently incarcerated. The text draws no distinction between nonviolent and violent felony offenses. Individuals convicted of murder, rape, or crimes against children would have voting rights automatically restored upon release, with no mechanism for the Commonwealth to evaluate individual circumstances or public safety considerations.
  2. The amendment’s scope with respect to other civil rights is legally ambiguous. Legal analysts have noted it “is not clear whether this constitutional amendment is intended to affect the other basic civil rights that must now be restored by the Virginia governor, notably eligibility for jury service and public office.” The amendment’s language investing released felons with “all political rights” upon release could be read broadly to include jury service and eligibility to hold public office, collateral consequences the General Assembly has never explicitly addressed in this measure, yet the text provides no clarifying guidance.
  3. The amendment removes executive accountability with no replacement oversight mechanism. Currently, Virginians with felony convictions cannot vote unless their right is restored by the governor through executive action. While critics note this system can be inconsistent, the proposed amendment eliminates executive review entirely without establishing any alternative mechanism for the Commonwealth to account for cases such as individuals with outstanding victim restitution orders, those still under active supervision conditions, or those with convictions in other states. The amendment would extend voting rights to individuals while on parole and probation, a policy choice that bypasses the General Assembly’s ability to legislatively calibrate the conditions of restoration in favor of a constitutional mandate with no discretionary flexibility.

2026 General Election Information

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