After gaining full control of state government in last month's elections, Virginia Democrats have unveiled additional voting and election reform bills ahead of the upcoming legislative session set to begin in January. One measure would significantly loosen the GOP's strict voter ID law by removing the requirement to present a photo ID and instead allow other forms of identification, like a bank statement or utility bill. A second bill would finally remove the excuse requirement to vote absentee by mail, and another proposal would also expand in-person absentee voting to two weeks before Election Day, up from the current one week.
A further bill would let 16- and 17-year-olds pre-register to vote so that they will be automatically added to the rolls once they reach voting age, which in Virginia is 18 for general elections and 17 in primaries for those who will turn 18 by the general.
Still one more bill would create a pilot program for same-day voter registration. Of all the policies under consideration, same-day registration may have the greatest potential to increase voter turnout. Research has shown that it can help make the electorate more demographically representative of the eligible voter population by making it easier to vote for young people in particular.
Other bills that have been filed include a constitutional amendment establishing that all citizens who are at least 18 years old shall have the right to vote. This amendment would repeal Virginia's felony disenfranchisement law, which bans voting for anyone currently incarcerated, on parole, or on probation for a felony conviction.
The status quo was even more restrictive before Democratic Govs. Terry McAuliffe and Ralph Northam issued executive orders automatically restoring voting rights to citizens who've finished their sentences. A future Republican governor could revive the lifetime voting ban if this amendment or a similar law isn't enacted.
It's unclear, though, whether Democrats have the votes to outright eliminate felony disenfranchisement. A constitutional amendment would also have to pass the legislature both before and after the 2021 elections before it could appear on the 2022 ballot as a referendum.
However, it it were to become law, Virginia would make history as only the third state behind Maine and Vermont to ensure prisoners can vote, the first state with a significant black population to do so, and the first former Jim Crow state to do so. That last distinction would be especially noteworthy because Virginia's felony voter ban was established as part of a package of racist laws designed to "eliminate the darkey as a political factor," as a leading proponent put it in 1902. Before McAuliffe issued his executive order in 2016, one in five black Virginians was banned from voting for life.
Finally, another constitutional amendment would allow governors to run for a second consecutive four-year term. Virginia is currently the only state in the country to limit governors to a single consecutive term, although they're currently eligible to run again for non-consecutive terms.