Ballot measure · Virginia · November 3, 2026

Proposed Constitutional Amendment, Question 1

On Virginia's statewide ballot on November 3, 2026.^1,2

Research draftReferred by the legislatureConstitutional amendment

How it got there: Referred by the legislature
Kind of measure: Constitutional amendment
To pass: A majority of the votes on it
Researched: October 27, 2026

Research draft. We gathered this from official sources on October 27, 2026: election offices, state laws and court records, each linked to its source. Separate reviewers checked a random sample of 48 facts from the ballot-measure research against the cited sources and found no errors. The rest hasn't been reviewed fact by fact yet, so check the linked source before relying on anything here.

§1What your vote means

Drafted by AI from the public sources cited. Each sentence links to its source.

A yes vote

A yes vote would add to the constitution a fundamental right to make one's own decisions about prenatal care, childbirth, postpartum care, contraception, abortion, miscarriage management and fertility care, which the state could limit only for a compelling interest tied to the patient's health, while letting the state regulate abortion in the third trimester except when a physician finds it medically needed for the patient's life or physical or mental health or finds the fetus not viable.¹ Where in the source: Full text, Art. I, § 11-A

A no vote

A no vote would keep the constitution as it is, with no express right to make decisions about prenatal care, childbirth, contraception, abortion or other reproductive care, and no express rule in the constitution either allowing or barring particular limits on those kinds of care, including in the third trimester.¹ Where in the source: Present Law

More about it

The amendment would also bar the state from penalizing or prosecuting a person for exercising this right or for a pregnancy outcome such as miscarriage, stillbirth or abortion, or for helping another person exercise the right with that person's consent. It states that it takes effect without any further law.¹ Where in the source: Full text, Art. I, § 11-A

§2How it got on the ballot

Drafted by AI from the public sources cited. Each sentence links to its source.

Referred by the legislature. The legislature voted to put it on the ballot.^1,2

Constitutional amendment. It would change the state constitution.^1,2

Amendments to the Virginia Constitution are proposed by the General Assembly, which must approve them at two sessions with a House of Delegates election in between before sending them to voters. This one would add a new Section 11-A to Article I, the Bill of Rights.^1,3

It is on Virginia's list of statewide measures for November 3, 2026.^2,4 None of the official sources we read calls the list certified or final, so we don’t either. What we couldn't confirm about the list is in the notes on Virginia's measures.

§3What it needs to pass

Drafted by AI from the public sources cited. Each sentence links to its source.

A majority of the votes on it. The amendment passes if a majority of those voting on it vote yes.³ Where in the source: Art. XII, § 1