VirginiaSB1622026 Regular SessionSenate

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

Sponsored By: Mamie E. Locke (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 HB 964.

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Bill Overview

Analyzed Economic Effects

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

Felony convictions no longer bar jury service

A felony conviction alone no longer disqualifies a person from jury service. A treason conviction remains disqualifying, and all other jury-service rules still apply. The law's January 1, 2027, start requires majority approval of the specified voting-rights constitutional amendments on November 3, 2026.

Guardianship alone does not remove voting rights

A general incapacity finding in a guardianship case does not, by itself, take away voting rights. To establish voting incapacity, the court must specifically find that the person cannot understand voting and explain its factual and legal reasons. Election officials can remove registration based on incapacity only when that specific finding exists. The law's January 1, 2027, start requires majority approval of the specified voting-rights constitutional amendments on November 3, 2026.

Voting rights return after felony incarceration

People sentenced to incarceration for a felony cannot register or vote while incarcerated. Upon release, they regain the political rights lost because of the conviction and can register without presenting proof of eligibility. Release papers can resolve an ineligibility flag in the registration system. State Police must send felony-incarceration lists to election officials monthly, covering the prior month, and annually by July 1. The annual list covers all such convictions, regardless of when they occurred; election officials compare records and alert local registrars. The law also repeals two earlier political-rights restoration laws. Its January 1, 2027, start requires majority approval of the specified Virginia voting-rights constitutional amendments on November 3, 2026.

Voter registration help when leaving incarceration

People leaving local or regional jails receive registration forms, mail-return instructions, and information about registering online or in person. Those released after felony incarceration also receive papers identifying the conviction and documenting their release. People leaving Virginia state corrections custody receive registration materials and release papers for voter registration. Corrections officials and the Compensation Board must report releases from the 1st through the 15th by the 16th. Releases from the 16th through month-end must be reported by the 1st of the next month. Election officials must promptly update voter records so released people can register. The law's January 1, 2027, start requires majority approval of the specified voting-rights constitutional amendments on November 3, 2026.

Sponsors & Cosponsors

Sponsor

  • Mamie E. Locke

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 322 • No: 158

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 65 • No: 33

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

Senate vote • 2/27/2026

House substitute agreed to by Senate

Yes: 20 • No: 19

Senate vote • 2/27/2026

Reconsideration of

Yes: 39 • No: 0

Senate vote • 2/27/2026

House substitute rejected by Senate

Yes: 18 • No: 20

House vote • 2/25/2026

Passed House with substitute

Yes: 65 • No: 33

House vote • 2/20/2026

Reported from Privileges and Elections with substitute

Yes: 15 • No: 6

Senate vote • 2/13/2026

Read third time and passed Senate

Yes: 21 • No: 18

Senate vote • 2/12/2026

Privileges and Elections Amendment agreed to

Yes: 0 • No: 0

Senate vote • 2/11/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote • 2/11/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/10/2026

Reported from Finance and Appropriations

Yes: 10 • No: 5

Senate vote • 2/3/2026

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

Yes: 8 • No: 6

Actions Timeline

  1. House concurred in Governor's recommendation (65-Y 33-N 0-A)

    4/22/2026House
  2. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

    4/22/2026Senate
  3. Acts of Assembly Chapter text (CHAP0992)

    4/22/2026Governor
  4. Reenrolled bill text (SB162ER2)

    4/22/2026Senate
  5. Approved by Governor-Chapter 992 (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 Senate

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

    3/10/2026Governor
  11. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  12. Fiscal Impact Statement from Department of Planning and Budget (SB162)

    3/6/2026Senate
  13. Bill text as passed Senate and House (SB162ER)

    3/4/2026Senate
  14. Enrolled

    3/4/2026Senate
  15. Signed by President

    3/4/2026Senate
  16. Signed by Speaker

    3/4/2026House
  17. Fiscal Impact Statement from Department of Planning and Budget (SB162)

    3/2/2026Senate
  18. House substitute agreed to by Senate (20-Y 19-N 0-A)

    2/27/2026Senate
  19. Reconsideration of (39-Y 0-N 0-A)

    2/27/2026Senate
  20. House substitute rejected by Senate (18-Y 20-N 0-A)

    2/27/2026Senate
  21. Passed House with substitute (65-Y 33-N 0-A)

    2/25/2026House
  22. Engrossed by House - committee substitute

    2/25/2026House
  23. committee substitute agreed to

    2/25/2026House
  24. Read third time

    2/25/2026House
  25. Read second time

    2/24/2026House

Bill Text

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