Virginia Early Voting Is Open. Read These 3 Questions First

Early voting opened in Virginia today. Every ballot this fall carries three constitutional amendments — on abortion, marriage, and automatic restoration of felons’ voting rights. Uriah Kiser walks through the language Democrats put on the ballot and the arguments opponents say the slogans leave out.

Starting September 18, Virginians can vote early through October 31 for the November 3 midterms. On the ballot: a U.S. Senate race, all 11 congressional seats, local offices, and three proposed changes to the Virginia Constitution. Same questions in every locality. Different consequences if they pass.

Question 1 would add a Bill of Rights section declaring that every individual has a “fundamental right to reproductive freedom,” covering prenatal care, childbirth, postpartum care, contraception, abortion, miscarriage management, and fertility care. That right could not be denied, burdened, or infringed except by a compelling state interest using the least restrictive means. The Commonwealth could regulate third-trimester abortion, but could not prohibit one a physician judges necessary to protect life or physical or mental health, or if the fetus is not viable. Opponents — including the Virginia Catholic Conference, the Virginia Society for Human Life, and former Del. Tim Anderson — call the mental-health-plus-single-physician standard late-term abortion on demand. They warn courts could strike Virginia’s parental-consent statute. Republican floor amendments for parental notice and born-alive protections were rejected.

Question 2 would strike the 2006 one-man, one-woman clause and declare marriage “one of the vital personal rights essential to the orderly pursuit of happiness.” The state could not deny a license to two adults based on sex, gender, or race and would have to treat lawful marriages equally. Same-sex marriage is already legal in Virginia. Opponents at the Family Foundation and Heritage Action say writing “sex” and “gender” as separate constitutional categories is the real fight — schools, sports, locker rooms, women’s shelters, family court, and custody — with no religious-liberty carve-out.

Question 3 would declare a fundamental right to vote that “shall not be abridged,” restore all political rights automatically on release from incarceration with no further action required, and put murder, rape, and child-sex offenses on the same clock as nonviolent felonies. Critics including Todd Gilbert and former Del. Paul Milde say release is not completion of sentence, many felony convictions are probation-only, and automatic restoration also means the right to run for office — including school board. Kiser ties that to Governor Abigail Spanberger’s parole board, which WJLA reported is granting releases at roughly ten times the Youngkin-era rate.

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