VirginiaHJ22026 Regular SessionHouse

Constitutional amendment; qualifications of voters and the right to vote; persons not entitled to vote.

Sponsored By: Elizabeth B. Bennett-Parker (Democratic)

Adopted

Summary

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

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Bill Overview

Analyzed Economic Effects

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

Stronger voting protections for Virginia residents

The law protects voting as a fundamental right, subject to its stated exceptions. Voters must be U.S. citizens, at least 18, registered, and meet residence rules. Residence requires both a permanent legal home and a place to live in Virginia and the voting precinct. The legislature can allow overseas workers, their spouses, and dependents living with them to vote while keeping their permanent legal home outside Virginia. It can set conditions and time limits for this voting and for voting in a former precinct after moving within Virginia. It can also offer registration alternatives for new Virginia residents in presidential elections. People eligible by the next general election can be allowed to register early and vote in intervening primary or special elections.

Court rulings limit and restore voting

A person cannot vote while a court has ruled that they lack the capacity to understand voting. Voting eligibility returns when that capacity is reestablished through the process required by law.

Voting rights return after felony incarceration

People convicted of a felony cannot vote while incarcerated for that conviction. Upon release, all political rights, including voting, return automatically. No person or government authority needs to take further action to restore those rights.

Sponsors & Cosponsors

Sponsor

  • Elizabeth B. Bennett-Parker

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 109 • No: 60

Senate vote • 1/16/2026

Reading of amendments waived (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/16/2026

Senator McDougle Amendments rejected (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/16/2026

Passed Senate

Yes: 21 • No: 18

Senate vote • 1/14/2026

Reported from Privileges and Elections

Yes: 8 • No: 3 • Other: 2

House vote • 1/14/2026

Reported from Privileges and Elections

Yes: 15 • No: 6

House vote • 1/14/2026

Agreed to by House

Yes: 65 • No: 33

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0974)

    4/13/2026Governor
  2. Assigned Chapter 974 (Effective 7/1/2026)

    4/13/2026House
  3. Signed by Speaker

    3/31/2026House
  4. Bill text as passed House and Senate (HJ2ER)

    3/30/2026House
  5. Signed by President

    3/30/2026Senate
  6. Floor offered

    1/16/2026Senate
  7. Passed Senate

    1/16/2026Senate
  8. Senator McDougle Amendments rejected (Voice Vote)

    1/16/2026Senate
  9. Reading of amendments waived (Voice Vote)

    1/16/2026Senate
  10. Agreed to by Senate

    1/16/2026Senate
  11. Read third time

    1/16/2026Senate
  12. Read second time

    1/15/2026Senate
  13. Agreed to by House (65-Y 33-N 0-A)

    1/14/2026House
  14. Engrossed by House

    1/14/2026House
  15. Taken up

    1/14/2026House
  16. Reported from Privileges and Elections (15-Y 6-N)

    1/14/2026House
  17. Referred to Committee on Privileges and Elections

    1/14/2026Senate
  18. Reported from Privileges and Elections (8-Y 3-N 2-A)

    1/14/2026Senate
  19. Referred to Committee on Privileges and Elections

    11/17/2025House
  20. Prefiled and ordered printed; Offered 01-14-2026 26100156D

    11/17/2025House

Bill Text

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