VirginiaHB7742026 Regular SessionHouse

Elections; absentee and provisional ballots, cure process, delayed effective date.

Sponsored By: Virgil Thornton (Democratic)

Became Law

Summary

Elections; absentee and provisional ballots; cure process. Requires that, if the electoral board determines that any person having submitted a provisional vote was not entitled to vote as a result of a material error or omission on the provisional ballot form, the registrar is required to promptly notify the voter by telephone or email of the error or omission and to provide information to the voter on how to correct the issue so his ballot may be counted. The voter is entitled to make such necessary corrections before noon on the Monday after the election. The bill moves the deadline for curing errors or omissions in absentee ballot applications from noon on the third day after the election to noon on the Monday after the election. The bill also requries the Department of Elections to issue guidance to local election officials on the uniform processing and counting of provisional ballots, including any provisional ballot cast by a person submitting a registration application on the same day as the election. This bill has a delayed effective date of September 1, 2026.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 0 costs, 1 mixed.

All changes start Jan. 1, 2027

All parts of this law take effect January 1, 2027. Local election officials follow the new procedures starting then.

Easier fixes for absentee ballots

Registrars mark when your absentee ballot arrives and check the envelope. Missing a middle name or part of the date alone does not make it invalid. Verified envelopes can be opened before the seventh day before the election, and must be opened starting on that seventh day, with two officers present and no disclosure of ballot details. If your ballot arrived by the Friday before the election and has a problem, the registrar flags it, notifies you within three days, and you can fix it before noon on the Monday after the election; a replacement can be issued and the first is kept as spoiled. If a registrar cannot follow the pre‑election processing steps due to circumstances, that does not void ballots or the election.

Study group on same‑day registration

The Secretary of Administration convenes a group to study how to improve same‑day registration and provisional voting. The group includes the elections department, attorney general’s office, lawmakers, registrars, and local officials. Meetings begin January 1, 2027.

Uniform cure rules for registrations and provisionals

The State Board of Elections sets one statewide time window to fix missing information on voter registration forms. That same window applies even when local boards review provisional ballots. The Department of Elections issues instructions so every locality reviews, cures, and counts provisional ballots the same way, including those from same‑day registrants. These uniform rules start January 1, 2027.

Provisional ballots: cure, timeline, observers

The local election board meets the day after the election and may finish within 10 calendar days. The registrar checks each provisional form for missing items, contacts the voter, and lets them fix issues before noon on the Monday after the election. A provisional ballot is counted if you were entitled to vote in that precinct or there is proof you applied to register on time, including DMV data. It is not counted if entitlement cannot be confirmed or required ID or a signed statement is missing. After decisions, the board counts and certifies these ballots, adds totals to official results, and lists entitled voters as having voted. One authorized observer per party or candidate may watch; attendance is limited to those observers, the voter, and staff.

Sponsors & Cosponsors

Sponsor

  • Virgil Thornton

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 299 • No: 157

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 36

House vote 3/4/2026

Senate amendment agreed to by House

Yes: 62 • No: 33

Senate vote 3/2/2026

Passed Senate with amendment

Yes: 21 • No: 19

Senate vote 3/2/2026

Privileges and Elections Amendment agreed to

Yes: 0 • No: 0

Senate vote 2/26/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/26/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/24/2026

Reported from Privileges and Elections with amendment

Yes: 8 • No: 7

House vote 2/12/2026

Read third time and passed House

Yes: 62 • No: 35

House vote 2/6/2026

Reported from Privileges and Elections with substitute

Yes: 15 • No: 7

House vote 1/26/2026

Subcommittee recommends reporting with amendment(s)

Yes: 6 • No: 2

Actions Timeline

  1. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (64-Y 36-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1070)

    4/22/2026Governor
  4. Reenrolled bill text (HB774ER2)

    4/22/2026House
  5. Approved by Governor-Chapter 1070 (Effective 9/1/2026)

    4/22/2026Governor
  6. Signed by President

    4/22/2026Senate
  7. Signed by Speaker

    4/22/2026House
  8. Governor's recommendation adopted

    4/22/2026Governor
  9. Governor's recommendation received by House

    4/13/2026Governor
  10. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  11. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  12. Signed by Speaker

    3/12/2026House
  13. Fiscal Impact Statement from Department of Planning and Budget (HB774)

    3/11/2026House
  14. Bill text as passed House and Senate (HB774ER)

    3/11/2026House
  15. Enrolled

    3/11/2026House
  16. Signed by President

    3/11/2026Senate
  17. Senate amendment agreed to by House (62-Y 33-N 0-A)

    3/4/2026House
  18. Passed Senate with amendment (21-Y 19-N 0-A)

    3/2/2026Senate
  19. Privileges and Elections Amendment agreed to

    3/2/2026Senate
  20. Engrossed by Senate as amended

    3/2/2026Senate
  21. Passed by for the day

    2/27/2026Senate
  22. Read third time

    2/27/2026Senate
  23. Passed by for the day Block Vote (Voice Vote)

    2/26/2026Senate
  24. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/26/2026Senate
  25. Rules suspended

    2/26/2026Senate

Bill Text

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