VirginiaSB4382026 Regular SessionSenate

Absentee voting in person; available the second and third Sunday before all elections.

Sponsored By: Lamont Bagby (Democratic)

Became Law

Summary

Absentee voting in person; available the second and third Sunday before all elections. Requires absentee voting in person to be made available for a minimum of five hours between the hours of 11:00 a.m. and 5:00 p.m. on the second and third Sunday immediately preceding all elections.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

45-day early voting with weekends

In-person early voting is open starting 45 days before any election. It runs until 5:00 p.m. on the Saturday right before Election Day. For special elections (not for federal offices), early voting starts as soon as possible after the writ is issued. Registrar and satellite offices must be open at least eight hours on the first and second Saturdays. They must also be open at least five hours, 11:00 a.m. to 5:00 p.m., on the second and third Sundays. If you are in line when the office closes, you can still vote that day.

Standardized machines and bipartisan staffing

Registrars may let you vote early on certified voting machines the state approves. The state sets uniform procedures for all localities using similar systems. At least two election officers must be on duty during all hours, from the two major parties. In a party primary, both may be from the party holding the primary. This two-officer rule does not apply if certified machines are in the registrar’s office and the registrar or a deputy is present. The state includes in-person early ballots in its official rules for preparing and reporting ballots and pollbooks.

First-time federal voters: ID options

If this is your first time voting in a federal election in Virginia and you are covered by the federal first-time voter ID rule, you must show ID. You may show a current photo ID, or a utility bill, bank statement, government check, paycheck, or other government paper with your name and address. If you do not have one, you are offered a provisional ballot. For this group, the state’s usual ID rules do not apply at that election. Election officials get instructions on how to handle and count these provisional ballots.

ID or affidavit for early voting

When you vote absentee in person, you first give your name and home address to the registrar. The registrar checks your registration and adds you to the absentee applicant list. You must show an accepted ID, or you can sign a statement that you are the registered voter. False statements are a felony. If you do not show ID and do not sign, you are offered a provisional ballot. Voters with a disability or who cannot read may get help filling out the statement. The state provides instructions for handling and counting these provisional ballots.

Sponsors & Cosponsors

Sponsor

  • Lamont Bagby

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 166 • No: 86

Senate vote 3/6/2026

House amendment agreed to by Senate

Yes: 21 • No: 19

House vote 3/4/2026

Passed House with amendment

Yes: 62 • No: 35

House vote 2/27/2026

Reported from Privileges and Elections with amendment(s)

Yes: 14 • No: 7

Senate vote 2/2/2026

Read third time and passed Senate

Yes: 21 • No: 19

Senate vote 1/30/2026

Engrossed by Senate (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/30/2026

Privileges and Elections Substitute agreed to

Yes: 0 • No: 0

Senate vote 1/29/2026

Passed by for the day Block Vote (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 1/27/2026

Reported from Privileges and Elections with substitute

Yes: 8 • No: 6

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0945)

    4/13/2026Governor
  2. Approved by Governor-Chapter 945 (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 (SB438)

    3/12/2026Senate
  6. Bill text as passed Senate and House (SB438ER)

    3/12/2026Senate
  7. Enrolled

    3/12/2026Senate
  8. Signed by President

    3/12/2026Senate
  9. Signed by Speaker

    3/12/2026House
  10. House amendment agreed to by Senate (21-Y 19-N 0-A)

    3/6/2026Senate
  11. Passed House with amendment (62-Y 35-N 0-A)

    3/4/2026House
  12. Engrossed by House as amended

    3/4/2026House
  13. Delegate Price Floor amendment agreed to

    3/4/2026House
  14. committee amendment rejected

    3/4/2026House
  15. Floor Offered

    3/4/2026House
  16. Passed by temporarily

    3/4/2026House
  17. Read third time

    3/4/2026House
  18. Read second time

    3/3/2026House
  19. House committee offered

    3/2/2026House
  20. Reported from Privileges and Elections with amendment(s) (14-Y 7-N)

    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 (21-Y 19-N 0-A)

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

    1/30/2026Senate

Bill Text

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