VirginiaHB9642026 Regular SessionHouseWALLET

Voter registration; restoration of political rights upon release from incarceration.

Sponsored By: Marcia S. "Cia" Price (Democratic)

Signed by Governor

Summary

Voter registration; restoration of political rights upon release from incarceration; certain adjudications. Provides that any person who loses his political rights as a result of a felony conviction shall be invested with those rights upon his release from incarceration and shall be entitled to register to vote. The bill directs the Department of Corrections and the State Board of Local and Regional Jails to transmit to the Department of Elections certain information for incarcerated persons with a pending date of release and requires the Department of Elections to process the information and make the necessary changes to the voter registration system to permit such persons to register to vote by the date of the person's scheduled date of release. On the date of an incarcerated person's release, the appropriate authority is required by the bill to provide a voter registration application, information on returning the form by mail or completing it by electronic means, and an official release document to serve as a safety net for voter registration. The bill also amends the language regarding adjudications of mental incompetency for purposes of being qualified to vote; a person adjudicated to lack the capacity to understand the act of voting shall not be entitled to vote until that capacity has been reestablished. The bill has a delayed effective date of January 1, 2027, contingent upon the approval of the constitutional amendments at the November 3, 2026, general election. This bill is identical to SB 162.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 5 benefits, 0 costs, 2 mixed.

Voting rights return after felony release

People serving felony sentences cannot register or vote during 24-hour confinement in a state or local correctional facility. Political rights lost because of the conviction return upon release, without a separate rights-restoration process. Probation, parole, post-release supervision, and community correctional confinement do not count as incarceration under this rule. Transfers to out-of-state correctional facilities or federal detention centers do not count as release. Otherwise-qualified people can register after release without a court order or other proof of eligibility. If the voter system wrongly blocks registration, registrars must promptly explain the release-document option and register qualified applicants who provide it. Registrars must process felony-incarceration cancellation lists 21 to 14 days before primary or general elections and promptly notify affected voters. The law also repeals two prior rights-restoration statutes. These changes start January 1, 2027, only upon majority voter approval of the specified constitutional amendments on November 3, 2026.

Guardianship alone does not end voting

A general court finding of incapacity alone does not take away voting eligibility. The Department of Elections can remove registration on this basis only after a specific finding that the person cannot understand voting. Guardianship appointment orders must state whether the person is disqualified from voting and explain the supporting facts and legal reasons. These protections start January 1, 2027, only upon majority voter approval of the specified constitutional amendments on November 3, 2026.

Felony convictions no longer bar jurors

A felony conviction alone no longer disqualifies a person from jury service. Disqualification for treason and other legal disqualifications remain. This change starts January 1, 2027, only upon majority voter approval of the specified constitutional amendments on November 3, 2026.

More court oversight for adult guardianships

Guardianship and conservatorship orders must schedule a first review within one year and later reviews at least every three years. Courts can change or waive reviews only with a supported explanation addressing required factors. Courts cannot waive the first review for petitions by hospitals, nursing homes, assisted living or similar facilities, or non-family healthcare providers. A person can seek an earlier review for good cause; court-ordered reviews require notice, a court-appointed advocate, and written findings. Guardianship orders must explain their scope, participation and contact duties, annual reporting, and ways to restore rights, change, or end the arrangement. These notices must be bold and at least 14-point type; guardian or conservator appointment orders must list court mailing, email, and street addresses. The law states that the review schedule applies beginning July 1, 2023. These provisions take effect January 1, 2027, only upon majority voter approval of the specified constitutional amendments on November 3, 2026.

Voter registration help when leaving incarceration

Corrections officials, sheriffs, and regional jail leaders must provide voter applications on release day, with mail, online, and in-person instructions. People released from felony incarceration must also receive papers identifying the felony and confirming release for voter registration. The Department of Corrections and Compensation Board must send release data to the Department of Elections twice monthly. Releases from the 1st through the 15th must be reported by the 16th; later releases by the next month's 1st. The elections department must promptly update its voter system using available identifying and release details. These requirements start January 1, 2027, only upon majority voter approval of the specified constitutional amendments on November 3, 2026.

Private telehealth visits in state prisons

Virginia must develop and implement policies that help people in state prisons take part in telehealth appointments. Those policies must designate private spaces for the visits. This requirement starts January 1, 2027, only upon majority voter approval of the specified constitutional amendments on November 3, 2026.

New voter questions and prosecution referrals

Voter applications ask about current felony incarceration instead of past felony convictions and rights restoration. They also ask whether a court found the applicant unable to understand voting and whether that capacity was restored. Registrars must refer false statements about serving a felony incarceration sentence for prosecution. These rules start January 1, 2027, only upon majority voter approval of the specified constitutional amendments on November 3, 2026.

Sponsors & Cosponsors

Sponsor

  • Marcia S. "Cia" Price

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 312 • No: 157

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 34

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

House vote • 3/6/2026

Senate substitute agreed to by House

Yes: 63 • No: 33

Senate vote • 3/4/2026

Privileges and Elections Substitute agreed to

Yes: 0 • No: 0

Senate vote • 3/4/2026

Passed Senate with substitute

Yes: 21 • No: 18

Senate vote • 3/3/2026

Reported from Finance and Appropriations

Yes: 10 • No: 5

Senate vote • 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/24/2026

Reported from Privileges and Elections with substitute and rereferred to Finance and Appropriations

Yes: 8 • No: 7

House vote • 2/12/2026

Read third time and passed House

Yes: 63 • No: 34

House vote • 2/6/2026

Reported from Privileges and Elections with amendment(s)

Yes: 16 • No: 6

House vote • 2/6/2026

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 34-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1081)

    4/22/2026Governor
  4. Reenrolled bill text (HB964ER2)

    4/22/2026House
  5. Approved by Governor - Chapter 1081 (effective - see bill)

    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

    4/11/2026Governor
  10. Fiscal Impact Statement from Department of Planning and Budget (HB964)

    3/16/2026House
  11. Governor's Action Deadline 11:59 p.m., April 13, 2026

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

    3/14/2026House
  13. Bill text as passed House and Senate (HB964ER)

    3/13/2026House
  14. Enrolled

    3/13/2026House
  15. Signed by President

    3/13/2026Senate
  16. Signed by Speaker

    3/13/2026House
  17. Senate substitute agreed to by House (63-Y 33-N 0-A)

    3/6/2026House
  18. Passed Senate with substitute (21-Y 18-N 0-A)

    3/4/2026Senate
  19. Privileges and Elections Substitute agreed to

    3/4/2026Senate
  20. Engrossed by Senate - committee substitute

    3/4/2026Senate
  21. Read third time

    3/4/2026Senate
  22. Passed by for the day Block Vote (Voice Vote)

    3/3/2026Senate
  23. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/3/2026Senate
  24. Rules suspended

    3/3/2026Senate
  25. Reported from Finance and Appropriations (10-Y 5-N)

    3/3/2026Senate

Bill Text

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