VirginiaSB1692026 Regular SessionSenate

Candidates for office; challenges to candidate qualifications.

Sponsored By: Stella G. Pekarsky (Democratic)

Became Law

Summary

Elections; candidates for office; challenges to candidate qualifications. Requires any legal action relating to a person's eligibility to appear on the ballot on the basis that such person did not meet all qualifications or fulfill all requirements for candidacy to be filed in a circuit court and served on all parties (i) at least 90 days before the date of a general election; (ii) at least 65 days before the date of a primary election; (iii) at least 70 days before the date of a special election held on the same date as the general election; or (iv) for any special election held at a time other than a general election, (a) at least 55 days before the date of the special election or (b) within 10 days of any writ of election or order calling for a special election to be held less than 60 days after the issuance of the writ or order. The bill specifies that any such legal action will be given precedence on the docket and be decided by the circuit court no later than 10 days before the date on which ballots for that election are made available for absentee voting. The bill also specifies that candidates who are nominated at a primary election cannot be later challenged on the basis of facts that were present prior to the primary election and could have been raised in a challenge to such candidate's eligibility for the primary ballot.

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Bill Overview

Analyzed Economic Effects

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

Challenges to officials outside elections

The law keeps the right to challenge an elected official’s qualification to serve outside election season. You can still bring these cases under the state constitution and existing law, apart from ballot challenges.

Firm deadlines for ballot challenges

The law sets firm deadlines to challenge a person's name on the ballot. File in circuit court and serve all parties. General election: at least 90 days before the election. Primary: at least 65 days before. Special held with the general: at least 70 days before. Any other special: at least 55 days before, or within 10 days of a writ that sets a special within 60 days.

One venue and faster rulings

File challenges for multi-court districts in the circuit with the most registered voters. These cases go to the front of the docket. The court must decide by 10 days before absentee ballots are available. For those multi-court district cases, the court must decide within 30 days of filing. If you appeal, file the notice within seven days. Appeals also get docket priority.

No post-primary challenges on old facts

Once a candidate wins a primary, you cannot challenge them later using facts that existed before the primary and could have been raised then. This protects nominees from repeat claims and helps lock in results. It also limits challengers who wait to bring old issues until after the primary.

Sponsors & Cosponsors

Sponsor

  • Stella G. Pekarsky

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 146 • No: 66

House vote 3/4/2026

Passed House

Yes: 63 • No: 36

House vote 2/27/2026

Reported from Privileges and Elections

Yes: 14 • No: 7

Senate vote 1/26/2026

Read third time and passed Senate

Yes: 22 • No: 16

Senate vote 1/23/2026

Engrossed by Senate (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/22/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/22/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 1/20/2026

Reported from Privileges and Elections

Yes: 8 • No: 7

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0882)

    4/13/2026Governor
  2. Approved by Governor-Chapter 882 (effective 7/1/2026)

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

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB169)

    3/11/2026Senate
  6. Bill text as passed Senate and House (SB169ER)

    3/10/2026Senate
  7. Enrolled

    3/10/2026Senate
  8. Signed by President

    3/10/2026Senate
  9. Signed by Speaker

    3/10/2026House
  10. Passed House (63-Y 36-N 0-A)

    3/4/2026House
  11. Read third time

    3/4/2026House
  12. Read second time

    3/3/2026House
  13. Reported from Privileges and Elections (14-Y 7-N)

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

    2/3/2026House
  15. Read first time

    2/3/2026House
  16. Placed on Calendar

    2/3/2026House
  17. Fiscal Impact Statement from Department of Planning and Budget (SB169)

    2/2/2026Senate
  18. Read third time and passed Senate (22-Y 16-N 0-A)

    1/26/2026Senate
  19. Passed Senate

    1/26/2026Senate
  20. Engrossed by Senate (Voice Vote)

    1/23/2026Senate
  21. Read second time

    1/23/2026Senate
  22. Passed by for the day Block Vote (Voice Vote)

    1/22/2026Senate
  23. Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A)

    1/22/2026Senate
  24. Read first time

    1/22/2026Senate
  25. Reported from Privileges and Elections (8-Y 7-N)

    1/20/2026Senate

Bill Text

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