VirginiaHJ22026 Regular SessionHouse

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

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

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Simpler voting for movers, overseas, and youth

People who will be 18 by the next general election can register early. They can vote in primaries or special elections before they turn 18. The General Assembly can let Virginians working overseas, and their spouses or dependents living with them, vote even if they gave up a Virginia abode, within time limits set by law. The General Assembly can let people who move within Virginia keep voting in their old precinct for a limited time. For President and Vice President, the General Assembly can set alternate registration for new Virginia residents.

Who can vote in Virginia

You must be a U.S. citizen and at least 18. You must live in Virginia and in your voting precinct. Residence means both your legal home (domicile) and a place you live (abode). You must be registered. The right to vote cannot be limited by law except as this section says.

Voting and mental competency rules

If a court rules you cannot understand voting, you cannot vote while that ruling lasts. You can vote again when competency is legally restored.

Voting after a felony conviction

You cannot vote while incarcerated for a felony. After release, your civil and political rights, including voting, are restored by the Governor or another authorized official. You can vote again without any extra steps.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

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

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

Senate vote 1/14/2026

Reported from Privileges and Elections

Yes: 8 • No: 3 • Other: 2

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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