VirginiaSB582026 Regular SessionSenate

Elections; deadline for receipt of absentee ballots and certain other information, etc.

Sponsored By: Barbara A. Favola (Democratic)

Became Law

Summary

Elections; deadline for receipt of absentee ballots and certain other information; 5:00 p.m. on the third day after the election. Moves the deadline for receipt of an absentee ballot, information required to cure an absentee ballot, or proof of identification to accompany a provisional ballot provided for lack of identification from noon to 5:00 p.m. on the third day after the election. The bill has a delayed effective date of January 1, 2027. This bill is identical to HB 82.

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Bill Overview

Analyzed Economic Effects

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

Fixing absentee mistakes and faster processing

Beginning January 1, 2027, registrars may start opening returned absentee envelopes before the seventh day before the election, and must start on that seventh day. At least two officers from different parties must be present, and no vote totals begin or ballot details are disclosed. If your ballot arrives by the Friday before the election and your affirmation is missing or a required step was missed, the registrar must flag it, contact you within three days by mail or email, and let you fix it until 5:00 p.m. on the third day after the election. If you fix it and you are entitled to vote, your ballot counts. If a registrar cannot follow the pre-opening steps, that failure cannot be used to toss out ballots or contest the election.

More ways your absentee ballot counts

Beginning January 1, 2027, if you are in line at an authorized drop-off by 7:00 p.m. on election day, you can still deposit your absentee ballot. The registrar seals it with your voter statement and marks the envelope with the date, time, and how it was delivered. If your ballot is postmarked on or before election day and arrives after polls close but by 5:00 p.m. on the third day after the election, it is counted if you are entitled to vote. If you are a covered voter who requested a ballot on time, a ballot received after polls close and up to 5:00 p.m. on the second business day before the State Board meets is counted. The electoral board must send an amended certified abstract to include those ballots. If a voter dies before counting, a ballot returned while the voter was eligible still counts.

Provisional voting: more options, more steps

Beginning January 1, 2027, if you vote provisionally you get a printed ballot in a green envelope. You must write the last four of your Social Security number (if any), full name (including prior legal names), date of birth, full address, and sign the envelope. If you cannot show an accepted ID, you can sign a sworn statement saying you are the voter; false statements are a felony. An officer must give you written notice of the electoral board meeting and tell you how to send a copy of ID or your signed statement by fax, email, in person, or mail. The board must receive it by 5:00 p.m. on the third day after the election. Provisional envelopes stay sealed, are bundled in a "Provisional Votes" envelope signed by officers, and are delivered to the clerk or registrar.

Sponsors & Cosponsors

Sponsor

  • Barbara A. Favola

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 169 • No: 80

Senate vote 2/27/2026

House amendment agreed to by Senate

Yes: 21 • No: 18

House vote 2/25/2026

Passed House with amendment

Yes: 64 • No: 34

House vote 2/20/2026

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: 9 • No: 5

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0062)

    4/6/2026Governor
  2. Approved by Governor-Chapter 62 (effective 7/1/2026)

    4/6/2026Governor
  3. Approved by Governor-Chapter 62 (effective 7/1/2026)

    4/6/2026Governor
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

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

    3/10/2026Senate
  6. Fiscal Impact Statement from Department of Planning and Budget (SB58)

    3/9/2026Senate
  7. Bill text as passed Senate and House (SB58ER)

    3/4/2026Senate
  8. Enrolled

    3/4/2026Senate
  9. Signed by President

    3/4/2026Senate
  10. Signed by Speaker

    3/4/2026House
  11. House amendment agreed to by Senate (21-Y 18-N 0-A)

    2/27/2026Senate
  12. Passed House with amendment (64-Y 34-N 0-A)

    2/25/2026House
  13. Engrossed by House as amended

    2/25/2026House
  14. Delegate Price Floor amendment agreed to

    2/25/2026House
  15. Read third time

    2/25/2026House
  16. Floor Offered

    2/25/2026House
  17. Read second time

    2/24/2026House
  18. Reported from Privileges and Elections (14-Y 7-N)

    2/20/2026House
  19. Referred to Committee on Privileges and Elections

    2/3/2026House
  20. Read first time

    2/3/2026House
  21. Placed on Calendar

    2/3/2026House
  22. Read third time and passed Senate (22-Y 16-N 0-A)

    1/26/2026Senate
  23. Passed Senate

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

    1/23/2026Senate
  25. Read second time

    1/23/2026Senate

Bill Text

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