Can Felons Vote in West Virginia?
Yes, you can vote in West Virginia with a felony conviction once you have completed your entire sentence, including prison, probation, parole, and supervised release. You must re-register to vote — it is not automatic. Register online at GoVoteWV.com or at your county clerk's office.
Last updated:
Overview
West Virginia restores voting rights to people with felony convictions upon completion of their entire sentence, including incarceration, probation, parole, and supervised release. The restoration is automatic — no application or petition is required — but you must re-register to vote because your registration is not automatically renewed. People convicted of treason or bribery in an election are subject to the same rules. While serving any part of a felony sentence, including probation or parole, you are not eligible to vote.
Quick Answer
Yes, you can vote in West Virginia with a felony conviction once you have completed your entire sentence, including prison, probation, parole, and supervised release. You must re-register to vote — it is not automatic. Register online at GoVoteWV.com or at your county clerk's office.
Can vote
- ✓Completed all terms of felony sentence, including incarceration, probation, parole, and supervised release
- ✓Completed sentence for treason or bribery in an election (same restoration rules apply)
- ✓Received a pardon from the Governor
- ✓Convicted of a misdemeanor only (misdemeanor convictions do not affect voting rights)
- ✓In jail awaiting trial (pretrial detention — not yet convicted of a felony)
Cannot vote
- ✗Currently incarcerated for a felony conviction
- ✗Currently on probation for a felony conviction
- ✗Currently on parole for a felony conviction
- ✗Currently on supervised release for a felony conviction
- ✗Currently serving any part of a sentence for treason or bribery in an election
- ✗Found mentally incompetent to vote by a court
Step-by-Step Process
Confirm your eligibility
You can vote if you have completed all terms of your felony sentence, including incarceration, probation, parole, and supervised release — you must be fully 'off papers.' If you are unsure whether your sentence is complete, contact your probation or parole officer, or the West Virginia Division of Corrections and Rehabilitation.
Register to vote
Register online at GoVoteWV.com (ovr.sos.wv.gov). You will need your West Virginia driver's license or state ID number. You can also register by mail using the National Voter Registration Form, or in person at your county clerk's office, the Secretary of State's office, the DMV, DHHR offices, or WIC offices.
Meet the registration deadline
Your voter registration must be received by the county clerk at least 21 days before Election Day. West Virginia does not offer same-day voter registration, so plan ahead. You can check your registration status at GoVoteWV.com.
Receive your voter registration card
After registering, your county clerk will mail you a voter registration card confirming your registration, party affiliation, and precinct assignment. Review the card to verify all information is correct and contact your county clerk if changes are needed.
Vote
Vote in person at your assigned polling place on Election Day, or vote early in person at the county clerk's office during the early voting period (typically starting 10 days before Election Day). You can also request an absentee ballot by mail from your county clerk — the application must be received at least 6 days before Election Day.
Keep your registration current
Once registered, you remain registered unless you move, change your name, or want to change your party affiliation. If you move within West Virginia, update your registration online at GoVoteWV.com or at your new county clerk's office. If you move out of state, you must register in your new state.
Key Laws
| Law | Year | Description |
|---|---|---|
| West Virginia Constitution, Article IV, Section 1 | 1872 (amended) | Establishes the qualifications for voting in West Virginia, including citizenship, age, and residency requirements. The constitution provides the framework under which the legislature defines specific disqualifications, including felony convictions. |
| West Virginia Code § 3-2-2 — Disqualification and Restoration | Codified; amended periodically | The primary statute governing felon voting rights. Provides that any person convicted of a felony, treason, or bribery in an election is disqualified from registering or voting while serving their sentence, including incarceration, probation, parole, and supervised release. Voting rights are restored upon completion of the sentence, but the citizen must re-register to vote. |
| HB 4543 — Proposed Restoration Upon Release (2022) | 2022 (did not pass) | Introduced in the 2022 legislative session, this bill would have restored voting rights upon release from incarceration rather than upon completion of the full sentence including probation and parole. The bill did not pass, and West Virginia continues to require full sentence completion for voting rights restoration. |
| West Virginia Code § 3-2-3 — Voter Registration Requirements | Codified; amended periodically | Establishes the registration process and requirements for voters, including the documentation needed and the procedures for county clerks to process applications. Works in conjunction with § 3-2-2 for people with felony convictions who have completed their sentences. |
Edge Cases
Can I vote if I was convicted of treason or bribery in an election?
Yes, but only after completing your entire sentence, including incarceration, probation, parole, and supervised release. West Virginia treats treason and election bribery convictions the same as other felonies for voting restoration purposes — the disqualification lasts only for the duration of the sentence.
Can I vote if I am on probation for a felony in West Virginia?
No. In West Virginia, you cannot vote while on probation for a felony conviction. Probation is considered part of your sentence, and your voting rights are not restored until all terms of your sentence are complete. This includes any period of supervised release following probation.
Can I vote if I was convicted of a felony in another state but now live in West Virginia?
Yes, as long as you have completed all terms of your sentence in the other state, including incarceration, probation, parole, and supervised release. West Virginia Code § 3-2-2 applies the disqualification to felony convictions under either state or federal law, so out-of-state convictions are treated the same way.
Can I vote if I am in jail awaiting trial but have not been convicted?
Yes. Pretrial detention does not affect your voting rights. If you are in jail awaiting trial and have not been convicted of a felony, you retain the right to vote. You can request an absentee ballot from your county clerk to vote from jail. A misdemeanor conviction also does not affect your voting rights.
Do I need to pay off all fines and restitution before I can vote?
West Virginia law focuses on completion of your sentence terms — incarceration, probation, parole, and supervised release. If payment of fines or restitution is a condition of your probation or parole, you must satisfy those terms as part of completing supervision. Once you are formally discharged from all supervision, you should be eligible to register regardless of any remaining civil financial obligations.
Is my voter registration automatically restored when my sentence is complete?
No. While your right to vote is automatically restored upon sentence completion, your voter registration is not automatically renewed. You must actively re-register to vote at your county clerk's office, online at GoVoteWV.com, or by mail. Your previous registration was cancelled when you were convicted.
Frequently Asked Questions
- Can I vote in West Virginia if I have a felony conviction?
- Yes, once you have completed your entire sentence, including incarceration, probation, parole, and supervised release. Voting rights are automatically restored at that point, but you must re-register to vote — your registration is not automatically renewed.
- How do I register to vote after completing my felony sentence in West Virginia?
- Register online at GoVoteWV.com (ovr.sos.wv.gov) using your West Virginia driver's license or state ID number. You can also register in person at your county clerk's office, the DMV, DHHR offices, or by mail using the National Voter Registration Form. Registration must be completed at least 21 days before Election Day.
- Can I vote while on parole or probation in West Virginia?
- No. In West Virginia, you cannot vote while on parole or probation for a felony conviction. These are considered part of your sentence, and your voting rights are not restored until you have completed all terms of supervision and are fully discharged.
- What is the voter registration deadline in West Virginia?
- You must register at least 21 days before Election Day. West Virginia does not offer same-day registration. You can check your registration status and register online at GoVoteWV.com. Plan ahead to ensure your registration is processed in time.
- Do I need to pay fines or fees before I can vote?
- West Virginia does not impose a separate financial requirement for voting. The key requirement is that you have completed all terms of your sentence, including supervision. If your supervision has been formally completed and you are off papers, you can register to vote.
- Can I vote by absentee ballot in West Virginia with a felony record?
- Yes. Once you are registered to vote, you can request an absentee ballot from your county clerk. In West Virginia, you can vote absentee if you are unable to vote in person due to illness, disability, work schedule, or other qualifying reasons. You can also vote early in person at the county clerk's office during the early voting period.
- What if I am in jail for a misdemeanor — can I still vote?
- Yes. A misdemeanor conviction does not affect your voting rights in West Virginia. If you are in jail serving a misdemeanor sentence or awaiting trial, you retain the right to vote and can request an absentee ballot from your county clerk.
- Does a gubernatorial pardon restore my voting rights?
- Yes. A pardon from the Governor of West Virginia restores all civil rights, including voting rights. However, for most felony convictions, a pardon is not necessary — your voting rights are automatically restored upon completion of your sentence. A pardon may be relevant for additional rights restoration or to clear your record.
- Can I run for public office in West Virginia with a felony conviction?
- Once your sentence is complete and your civil rights are restored, you generally regain the right to hold public office. However, specific offices may have additional eligibility requirements, and some convictions (such as those involving public corruption) may carry additional disqualifications under specific statutes.
- How can I check whether my sentence has been fully completed?
- Contact the West Virginia Division of Corrections and Rehabilitation, your probation or parole officer, or the court that sentenced you. You can also contact the Secretary of State's office at (304) 558-6000 for guidance on voter eligibility after a felony conviction.
Take Action — Direct Links
- West Virginia Secretary of State — Felon Voting Rights (PDF)
Official one-page guide from the Secretary of State explaining voting eligibility for people with felony convictions, including when rights are restored and how to re-register.
- GoVoteWV — Online Voter Registration
West Virginia's official online voter registration portal. Requires a WV driver's license or state ID number. Available 24/7.
- West Virginia Secretary of State — Elections FAQ
Frequently asked questions about voter registration, absentee voting, early voting, and election procedures in West Virginia.
- Campaign Legal Center — Restore Your Vote (West Virginia)
Interactive tool that walks you through West Virginia's specific rules to help determine if you are eligible to register to vote after a felony conviction.
- Vote.gov — Voting After a Felony Conviction
Federal resource with state-by-state information on voting rights after a felony conviction, including links to West Virginia registration tools.
- West Virginia Code § 3-2-2 — Full Text
Full text of the statute governing voter disqualification for felony convictions and the automatic restoration of voting rights upon sentence completion.
Video Guides
Sources
- West Virginia Secretary of State — Felon Voting Rights
- West Virginia Code § 3-2-2
- US Vote Foundation — West Virginia Voting Rights Restoration
- Nonprofit VOTE — Voting Rights for People with a Felony Conviction
- Nolo — Voting Rights When You Have a Felony Conviction
- Ballotpedia — Voting in West Virginia
- West Virginia Legislature — HB 4543 (2022)
- NCSL — Felon Voting Rights by State