Fact Sheets on Upcoming Constitutional Amendments

There are three (3) constitutional amendments appearing on the ballot for the 2026 midterm elections​.

Click on the plus sign (+) next to each amendment to read what changes to the constitution are being proposed and download a fact sheet on why a "yes" vote is important.

​Remove Constitutional Same-Sex Marriage Ban Amendment

• The amendment would amend the Virginia Constitution to remove a provision providing that marriage is only between one man and one woman.
• The amendment would add a provision to the state constitution stating that "marriage is one of the vital personal rights essential to the orderly pursuit of happiness."
• The amendment would also provide that the state can not deny the issuance of a marriage license to two adult persons seeking a lawful marriage on the basis of the sex, gender, or race of such persons.
• It would provide that the government can not treat a legal marriage differently under the law based on the sex, gender, or race of the spouses.
• The amendment would require the government to recognize the lawfulness of marriages regardless of the sex, gender, or race of the spouses.

Remove Same-Sex Marriage Ban fact sheet
File Size:	236 kb
File Type:	pdf

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right to reproductive freedom amendment

• The amendment would amend the Virginia Constitution to establish the right to reproductive freedom. The amendment defines this as "the right to make and effectuate one's own decisions about all matters related to one's pregnancy."
• The amendment would provide that this right would not be infringed upon, unless justified by compelling state interest.
• The amendment would prohibit the state from prosecuting or penalizing a mother or another individual from receiving or aiding in a miscarriage, stillbirth, or an abortion.

Voting Rights Restoration for Felons Upon Release Amendment

• The ballot measure would amend the Virginia Constitution to provide that persons convicted of a felony lose their right to vote only while incarcerated and that their political rights, including voting, are automatically restored upon release.
• The ballot measure would also provide that every person who meets the qualifications to vote has a "fundamental right to vote in the Commonwealth, and such right shall not be abridged by law."
• The measure would also amend the constitution from prohibiting voting by persons adjudicated to be mentally incompetent to instead prohibiting voting by persons found by a state court to lack the capacity to understand the act of voting, with rights restored once capacity is reestablished as provided by law.

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    General Elections 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​

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In Virginia, amendments to the constitution must go through several steps before they can be put on the ballot for voters to make the final decision. 

1. The amendment must pass both chambers of the General Assembly with a majority vote for the first time.
2. The House of Delegates must retain a supportive majority after the November elections
3. The amendment must pass both chambers of the General Assembly with a majority vote for the second time. 
4. The Governor signs legislation that puts the question on the ballot for voters. 
5. The amendment must pass with a majority of voters choosing "yes" in the General Election.
6. The text of the amendment is added to the Constitution of the Commonwealth of Virginia.