VirginiaHB822026 Regular SessionHouse

Elections; deadline for receipt of absentee ballots and certain other information, etc.

Sponsored By: Adele Y. McClure (Democratic)

Became Law

Summary

Elections; deadline for receipt of absentee ballots and certain other information; 5:00 p.m. on the third day after the election. Moves the deadline for receipt of an absentee ballot, information required to cure an absentee ballot, or proof of identification to accompany a provisional ballot provided for lack of identification from noon to 5:00 p.m. on the third day after the election. The bill has a delayed effective date of January 1, 2027. This bill is identical to SB 58.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Easier to fix and process absentee ballots

Beginning January 1, 2027, you must return absentee ballots to the registrar or an authorized drop-off before polls close; if you are in line at a drop-off by 7:00 p.m., you may deposit your ballot. A ballot is not void just because the inner envelope is imperfectly sealed if the outer is sealed, or because it lacks the outer envelope if the inner is sealed. Registrars record the receipt date and check the affirmation; a missing middle name or missing date alone does not make it incomplete. If the affirmation is complete, the registrar may open the envelope and stage the ballot for counting before the seventh day, and must do so starting on the seventh day before the election, with at least two officers (one from each party) present and no disclosure of ballot information. If the registrar cannot follow these processing rules, that alone cannot be used to contest the election or void absentee ballots. If a ballot received by the Friday before the election has an affirmation or procedure error that would void it, the registrar must notify the voter within three days and the voter may fix it by 5:00 p.m. on the third day after the election; a new ballot may be issued and the original kept as spoiled.

More absentee ballots can count after Election Day

Beginning January 1, 2027, absentee ballots postmarked on or before election day and received by the registrar by 5:00 p.m. on the third day after the election are counted if the voter is entitled to vote. Covered voters (such as military and overseas voters) who requested a ballot on or before the ballot availability deadline also have late ballots counted if they arrive after polls close but by 5:00 p.m. on the second business day before the State Board meets, and the voter is later found entitled to vote. If a voter returned a lawful absentee ballot but dies before counting, the ballot still counts if the voter was entitled to vote when it was returned. When these late ballots are included, the local board must file an amended certified abstract with the State Board by the business day before its meeting and provide a public copy at the registrar’s office.

New rules for provisional voters

Beginning January 1, 2027, provisional voters receive a printed ballot and a green envelope and must write the last four of their Social Security number (if any), full name (including any prior legal or maiden name), date of birth, full address, and signature on the envelope. They are asked to show one of the listed IDs; if they cannot, they must sign a sworn statement under felony penalty that they are the registered voter named on the envelope. Officers must log provisional voters in the provisional ballots log, but must not mark the pollbook that they voted. Voters mark the ballot in secret, seal it in the green envelope, and an officer immediately places it in the ballot container. Officers must give written notice of when and where the electoral board will meet and that the voter may attend; voters who cast a provisional ballot under the ID rule may send a copy of an ID or a signed statement by fax, email, in person, or mail to arrive by 5:00 p.m. on the third day after the election. Unopened green envelopes are sealed inside a larger envelope labeled “Provisional Votes,” showing the count and signed by officers, and then delivered as directed to the court clerk or registrar.

Sponsors & Cosponsors

Sponsor

  • Adele Y. McClure

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 216 • No: 99

House vote 3/4/2026

Senate amendment agreed to by House

Yes: 64 • No: 32

Senate vote 3/2/2026

Privileges and Elections Amendment agreed to

Yes: 0 • No: 0

Senate vote 3/2/2026

Passed Senate with amendment

Yes: 22 • No: 18

Senate vote 2/26/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/26/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/24/2026

Reported from Privileges and Elections with amendment

Yes: 10 • No: 5

House vote 2/17/2026

Read third time and passed House

Yes: 60 • No: 35

House vote 2/13/2026

Reported from Privileges and Elections

Yes: 14 • No: 7

House vote 2/9/2026

Subcommittee recommends reporting

Yes: 6 • No: 2

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0061)

    4/6/2026Governor
  2. Approved by Governor-Chapter 61 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

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

    3/14/2026House
  5. Signed by Speaker

    3/12/2026House
  6. Fiscal Impact Statement from Department of Planning and Budget (HB82)

    3/11/2026House
  7. Bill text as passed House and Senate (HB82ER)

    3/11/2026House
  8. Enrolled

    3/11/2026House
  9. Signed by President

    3/11/2026Senate
  10. Senate amendment agreed to by House (64-Y 32-N 0-A)

    3/4/2026House
  11. Passed Senate with amendment (22-Y 18-N 0-A)

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

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

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

    2/27/2026Senate
  15. Read third time

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

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

    2/26/2026Senate
  18. Rules suspended

    2/26/2026Senate
  19. Senate committee offered

    2/24/2026Senate
  20. Reported from Privileges and Elections with amendment (10-Y 5-N)

    2/24/2026Senate
  21. Referred to Committee on Privileges and Elections

    2/18/2026Senate
  22. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  23. Read third time and passed House (60-Y 35-N 0-A)

    2/17/2026House
  24. Read second time and engrossed

    2/16/2026House
  25. Read first time

    2/15/2026House

Bill Text

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