VirginiaSB1262026 Regular SessionSenate

Primary election; when filings to be made, extension for incumbents failure to file.

Sponsored By: Stella G. Pekarsky (Democratic)

Became Law

Summary

Elections; primary election; when filings to be made; extension for incumbents failure to file. Provides that if an incumbent office holder fails to file the necessary paperwork to qualify to be on the ballot for a primary election for the office he holds by the deadline for filing such paperwork, then the deadline for such paperwork is extended by five days for any filer other than the incumbent. The bill has a delayed effective date of January 1, 2027.

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Bill Overview

Analyzed Economic Effects

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

How and where to file for top offices

Beginning January 1, 2027, most party primary candidates file with their party committee chair. Candidates for U.S. Senator, Governor, Lieutenant Governor, and Attorney General file with the State Board. They must submit a declaration, sealed petition containers with a sworn signature count, and a filing‑fee receipt. The State Board notifies the state party chair and makes materials available within 72 hours and no later than the 74th day before the primary. Only the state party chair may open the sealed petitions.

Party chairs certify; candidates can’t self‑certify

Beginning January 1, 2027, party chairs must give the State Board and registrars candidate names, certify minimum petition signatures, and certify each candidate’s filing order, date, and time for ballot printing. Chairs must do this at least 70 days before the primary, or 69 days if the filing deadline was extended under the incumbent no‑file rule. For U.S. Senator, Governor, Lieutenant Governor, and Attorney General, the State Board sets the filing order. A candidate may not certify candidates for the same office; the party must name another official.

Primary filing window and extension rules

Beginning January 1, 2027, primary candidates must file within a fixed window. Filings open at noon on the 92nd day before the primary and close at 5:00 p.m. on the 75th day. If the incumbent for U.S. Senator, U.S. Representative, state senator, delegate, local governing body, mayor, or a constitutional office has not filed by 5:00 p.m. on the 75th day, or withdraws by then, any non‑incumbent may file until 5:00 p.m. on the 70th day.

Sponsors & Cosponsors

Sponsor

  • Stella G. Pekarsky

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 261 • No: 89

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 79 • No: 19

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 23 • No: 16

House vote 3/4/2026

Passed House

Yes: 76 • No: 23

House vote 2/27/2026

Reported from Privileges and Elections

Yes: 11 • No: 9 • Other: 1

Senate vote 2/2/2026

Read third time and passed Senate

Yes: 23 • No: 17

Senate vote 1/30/2026

Engrossed by Senate (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/29/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 1/29/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/27/2026

Reported from Privileges and Elections

Yes: 9 • No: 5

Actions Timeline

  1. House concurred in Governor's recommendation (79-Y 19-N 0-A)

    4/22/2026House
  2. Senate concurred in Governor's recommendation (23-Y 16-N 0-A)

    4/22/2026Senate
  3. Acts of Assembly Chapter text (CHAP0990)

    4/22/2026Governor
  4. Reenrolled bill text (SB126ER2)

    4/22/2026Senate
  5. Approved by Governor-Chapter 990 (Effective 1/1/2027)

    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 Senate

    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

    3/14/2026Senate
  12. Fiscal Impact Statement from Department of Planning and Budget (SB126)

    3/11/2026Senate
  13. Bill text as passed Senate and House (SB126ER)

    3/10/2026Senate
  14. Enrolled

    3/10/2026Senate
  15. Signed by President

    3/10/2026Senate
  16. Signed by Speaker

    3/10/2026House
  17. Passed House (76-Y 23-N 0-A)

    3/4/2026House
  18. Read third time

    3/4/2026House
  19. Read second time

    3/3/2026House
  20. Reported from Privileges and Elections (11-Y 9-N 1-A)

    2/27/2026House
  21. Referred to Committee on Privileges and Elections

    2/5/2026House
  22. Read first time

    2/5/2026House
  23. Placed on Calendar

    2/5/2026House
  24. Read third time and passed Senate (23-Y 17-N 0-A)

    2/2/2026Senate
  25. Engrossed by Senate (Voice Vote)

    1/30/2026Senate

Bill Text

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