Virginia voters will decide in the November 3, 2026 election whether to add a “fundamental right to reproductive freedom” to the state constitution, according to a voter guide published by the Virginia Department of Elections.
The ballot question asks, “Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of pregnancy except when the patient’s health is at risk or the pregnancy cannot survive?” the voter guide states.
What the guide says about current law
“Currently, the Virginia Constitution does not explicitly provide to its citizens a right to reproductive freedom nor does it explicitly protect or prohibit certain kinds of health care procedures or decisions,” the guide explains. “The proposed amendment would add to the Virginia Constitution’s Bill of Rights the fundamental right to make and carry out decisions about a person’s own reproductive care with only certain, specific exceptions.”
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The amendment “specifically allows the state government to pass laws to regulate abortion care in the third trimester of pregnancy, but requires any such law to allow for abortion care when it is medically needed to protect the life and health of the pregnant person or because the fetus is not viable,” according to the guide.
Question 3 and the voting-rights rewrite
Question 3 on the same ballot would rewrite voter qualification rules in Article II of the constitution, automatically restoring voting rights to felons after release from incarceration. “Under the proposed amendment, a person who is convicted of a felony loses the right to vote during their period of incarceration,” the guide states. “Once released from incarceration, the person gets back the right to vote without needing to apply for restoration by the Governor.”
The measure also “requires a specific finding by a court that a person does not understand the act of voting in order for that person’s right to vote to be taken away,” the guide added, a change in how the Commonwealth treats voters deemed mentally incompetent.
This article originally appeared on American Faith and is reposted with permission.
