VirginiaSB1622026 Regular SessionSenate

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

Sponsored By: Mamie E. Locke (Democratic)

Became Law

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

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

Voting rights restored after release

Beginning January 1, 2027, if voters approve the November 3, 2026 amendment, people serving felony sentences cannot register or vote while incarcerated. When they leave a Virginia state or local jail, their political rights return and they can register. Probation, parole, post‑release supervision, and community facilities do not count as incarceration. Release means leaving a Virginia jail, not a transfer to an out‑of‑state or federal facility. People do not need court orders to register. If the system wrongly shows them ineligible only for incarceration, registrars must accept proof of release and register them. On release day, jails and the Department of Corrections give a registration form, instructions, and a release document. DOC and local officials send release lists twice each month. Releases on days 1–15 go by the 16th. Releases on days 16–end go by the 1st.

Rules take effect after 2026 vote

Most election changes take effect January 1, 2027 only if voters approve a constitutional amendment on November 3, 2026. If the amendment fails, these changes do not start on that date. Under the same condition, Chapter 12.1 of Title 53.1 is repealed on January 1, 2027.

Stronger voter roll checks and reports

Beginning January 1, 2027, if voters approve the 2026 amendment, the Department of Elections runs a central voter list with unique IDs. It auto‑registers preregistered people when they become eligible or turn 18. It removes names within 30 days for listed reasons such as death, felony incarceration, or adjudicated incapacity. Deleted records are kept for four years; records of deaths, felony convictions, and adjudications are kept permanently. State Police send monthly and yearly felony conviction lists. When the Department gets notice of a federal felony and jail sentence, it must notify the local registrar. Court clerks send monthly lists of people found unable to understand voting. The agency applies to use the federal SAVE program to check citizenship and sets rules for that data. The voter form asks about citizenship, felony history, current incarceration, and any past incapacity, and must be signed unless physically disabled. Forms are not pre‑filled unless you ask or the law allows. Each year by October 1, the agency reports on list maintenance for the prior 12 months ending August 31.

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

Reconsideration of

Yes: 39 • No: 0

Senate vote 2/27/2026

House substitute agreed to by Senate

Yes: 20 • No: 19

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 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

    4/11/2026Governor
  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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