Virginia's elections department had until Monday to comply with a federal court order to stop denying voter registration applicants for convictions other than 11 common-law felonies in 1870, a list including arson, manslaughter and murder.
Virginia ELECT sent out an advisory Monday afternoon telling local election officials not to deny registrations if the person has a felony conviction that's not on the list and hasn't had their voting rights restored by the governor.
Instead, local election officials were told to continue to hold the applications — which has frustrated the coalition behind the federal court case.
"These applications will be subject to further review, and ELECT will provide guidance for processing these applications post-review soon," the advisory obtained by VPM News reads.
General registrars told VPM News that they were told to categorize these voter registrations as "incomplete."
Hanover County's registrar, Teresa Smithson, said in an email on Tuesday that they would remain "incomplete" while local election officials "wait to see what further process these particular applications will need."
Wannicha Rojanapradith, Fairfax City's general registrar, told VPM News that online applications are placed in the "incomplete" category, and applications filed by mail or in person are "placed on hold in a secure location."
According to the advisory, more information might be needed "to evaluate the applicant's submission and/or for offense evaluation" by Attorney General Jay Jones' office.
The federal court order came out of a successful legal challenge of Virginia's constitutional rule that says any felony conviction strips someone of their voting rights. Only the governor can restore someone's voting rights in Virginia. (Separately from the lawsuit, Virginia voters will decide this fall whether to amend the state's constitution to automatically restore voting rights to people who have completed felony convictions.)
Tati King and Toni Johnson's lawsuit argued the rule violates an 1870 law that let Virginia get back congressional representation after the Civil War on the condition that it wouldn't pass laws that disenfranchise people for convictions other than a select few.
In his Jan. 22 order, US District Court Judge John Gibney directed Virginia to not deny or cancel voter registrations unless a person has been convicted of the 1870 common-law felonies.
Gibney's court order says Virginia can't strip someone's voting rights away for felonies other than those under common law in 1870: "(1) arson; (2) burglary; (3) escape and rescue from a prison or jail; (4) larceny; (5) manslaughter; (6) mayhem; (7) murder; (8) rape; (9) robbery; (10) sodomy; and (11) suicide."
Some of the 1870-era felonies have since been abolished, formally or functionally, from the Code of Virginia.
Jones' office reviewed state laws and determined a list of existing crimes that align with an applicable common law felony in 1870. The list, which stretches nine pages, includes crimes ranging from murder to the illegal removal of a car's catalytic converter.
The elections department's advisory said it has changed the Virginia Election and Registration Information System, to ensure it doesn't block or cancel voter registrations of people convicted of crimes outside of the list created by the attorney general's office.
"All non-common law felonies have been removed from the Agency Felony Prohibited table in VERIS," the advisory states. "As a result, any matches to the table are confirmed matches to an applicable common law felony."
OAG also drafted a list of other crimes that could be applicable but need additional review, including discharging a gun in a public place and prostitution.
Gibney's order is expected to make thousands of Virginians once again eligible to cast a ballot and ensure people don't lose those rights for convictions outside the list moving forward.
Mary Bauer, executive director of the American Civil Liberties Union of Virginia, told VPM News that placing registration applications on hold "feels deeply inconsistent with the spirit of the order."
"It is not, in fact, allowing people to register to vote if that registration is put on hold," Bauer said. "And we don't have any kind of time frame for how long the registrar has to process this, how long the state has to respond to those questions. It's just 'put this on hold, we'll figure it out later' — that's just not enough."
Rae Pickett, Jones' communications director, pushed back against that assertion in a statement.
"It is disappointing that the ACLU of Virginia would resort to false statements and mischaracterizations of this office's actions rather than working collaboratively to ensure the most effective process," Pickett said. "During this period, Virginians with felony convictions should consult the Department of Elections' website to determine their eligibility and ensure every eligible voter can make their voice heard."
ELECT did not answer VPM News' questions or make anyone available for an interview. ELECT spokeswoman Andrea Gaines only provided the June 1 advisory sent to local registrars, which VPM News had obtained hours earlier.
ELECT's advisory notifies registrars that it would send them another advisory with a form for applicants that need additional evaluation and instructions on how to submit forms for OAG to review.
The advisory also notes that felon search records "may have been affected by the updates to the Agency Felony Prohibited table," and that "ELECT will provide additional guidance on reviewing felony history soon."
The deadline to register to vote for the Aug. 4 primaries is July 24, though Virginia offers same-day registration with provisional ballots for voters who miss that deadline.
Copyright 2026 VPM