Question 3 on the Virginia Ballot
Nov. 5th, 2026 02:27 amWhen I voted Thursday morning, I voted yes in Question 3, to amend the Virginia Constitution so that persons convicted of felonies will, upon release from incarceration, be automatically invested with the right to vote. I don’t know how much good or harm this will do (will ex-cons vote more irresponsibly than other people?); I voted as I did partly because of a man I met many years ago at a libertarian gathering here in Virginia, Keith Lynch, if I recall the name correctly. He was unable to vote, having been wrongfully convicted of stealing from his employer, when it was really his roommate who was the thief (according to him, anyway). Upon his release, he was again employed by the business which he had been falsely convicted of stealing from; if this is true, it surely casts doubt upon his guilt.
Another provision of the amendment is that the prohibition on voting by persons found to be mentally incompetent will instead apply to persons who have been found [by a court] to lack the capacity to understand the act of voting. I have some questions and doubts about this. Suppose that an old man in a nursing home can understand the act of voting, at a minimal level, but says that when he casts his ballot, he will vote to re-elect President Eisenhower? Or suppose that he will fill out his mail-in ballot however the person who last spoke with him says that he should? How incompetent can one be, and still be said to understand the act of voting?
Oh, well, borderline cases have to be decided somehow, however exactly the law reads, and the “lack the capacity” clause does not obviously make things worse.
Another provision of the amendment is that the prohibition on voting by persons found to be mentally incompetent will instead apply to persons who have been found [by a court] to lack the capacity to understand the act of voting. I have some questions and doubts about this. Suppose that an old man in a nursing home can understand the act of voting, at a minimal level, but says that when he casts his ballot, he will vote to re-elect President Eisenhower? Or suppose that he will fill out his mail-in ballot however the person who last spoke with him says that he should? How incompetent can one be, and still be said to understand the act of voting?
Oh, well, borderline cases have to be decided somehow, however exactly the law reads, and the “lack the capacity” clause does not obviously make things worse.