VirginiaSB5822026 Regular SessionSenate

Absentee & provisional ballots; process & timing for rejected applications, rejected prov. ballots.

Sponsored By: Saddam Azlan Salim (Democratic)

Became Law

Summary

Elections; absentee and provisional ballots; process and timing for rejected absentee ballot applications, returned absentee ballots, and rejected provisional ballots. Requires the general registrar to promptly notify a voter by telephone or email of an error or omission on the provisional ballot form and to provide information to the voter on how to correct the issue so his ballot may be counted if the electoral board determines that such voter who submitted a provisional vote was not entitled to vote as a result of a material error or omission on the provisional ballot form. The voter is entitled to make such necessary corrections before noon on the Monday after the election. The bill also requires the list of absentee ballot applicants to be updated daily and to include whether each application has been accepted or rejected and, if it has been rejected, the reason for rejection or, if it has been accepted, the status of the absentee ballot. Registrars are also required to enter such information into the voter registration system, and such information is required to be made available to voters via a free-access system made available by the Department of Elections. The bill removes the requirement that absentee ballots be received by the Friday immediately preceding the day of the election for the general registrar to implement the process of curing errors or failures in such absentee ballots. The bill also moves the deadline for curing errors or omissions in absentee ballot applications from noon on the third day after the election to noon on the Monday after the election. Finally, the bill requires the Department to issue guidance to local election officials on the uniform processing and counting of provisional ballots. The bill has a delayed effective date of September 1, 2026.

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Bill Overview

Analyzed Economic Effects

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

Clearer absentee forms and fixes

When your absentee application is accepted, the registrar sends a packet with the ballot, a voter statement oath, a prepaid return envelope or drop-off info, and instructions. For federal elections with first-time voter ID rules, the instructions explain what ID to include; without it, the ballot may count only as provisional. If you have never been issued a Social Security number, you can use your voter registration unique ID on the oath. Small mistakes on the voter affirmation, like missing a middle name or parts of the date, do not make it incomplete. If your absentee ballot arrives by the Friday before the election and has a fixable problem, the registrar must notify you within three days. You can correct it by noon on the Monday after the election so your ballot can count.

Track your absentee ballot status

Registrars keep a daily-updated absentee applicant list showing if each application was accepted or rejected and why. Registered voters can inspect and copy the list during office hours. The Department also provides a free, daily-updated system so you can see if your application was received and accepted, if it was rejected and the reason, and whether your ballot was received and its status. Lists shared for inspection or copying cannot show Social Security numbers or a person’s day and month of birth. If your absentee ballot is rejected, the local board must send you a written reason within 90 days.

Clear rules to review provisional ballots

Electoral boards meet the day after the election to decide provisional ballots and must finish within 10 days. Registrars check forms for material omissions and promptly call or email voters on how to fix them. Voters can correct issues until noon on the Monday after the election. If a voter is not entitled to vote, lacks required ID or a signed statement, or the board cannot determine eligibility, the ballot is not opened or counted. A provisional ballot counts if the voter was entitled at the precinct or if timely registration proof (including DMV data sent before registration closed) is shown and the registrar confirms qualification. Boards count valid provisional ballots and add them to official totals. One authorized representative for each party or candidate may observe; attendance is otherwise limited to protect voter privacy. The Department issues uniform guidance for handling provisional ballots, and the State Board sets uniform rules and a fix window for incomplete registrations.

Courts can enforce these voting rules

A voter, candidate, campaign, or party chair can ask a circuit court to order compliance with these rules. Willful, malicious neglect of duty is a Class 1 misdemeanor.

More ways to get absentee ballots

If you apply in person when printed ballots are available, you can ask the registrar to mail your absentee materials instead of voting in person. You must ask by 5:00 p.m. on the 11th day before the election, and the registrar must mail them with proof of mailing. Covered voters (like military and overseas) may get absentee materials by email or fax when ballots are available, by the legal deadline. Registrars may use a contractor to print, assemble, and mail packets, and contractors must report who was sent materials.

All changes start January 1, 2027

This law takes effect on January 1, 2027. All the rules in these summaries apply statewide starting that date.

Faster pre-counting of absentee ballots

If the voter affirmation is complete, registrars may open sealed absentee envelopes and insert ballots into scanners before the election. This becomes required starting the seventh day before the election. Two election officers, one from each party, must be present. Inserting ballots early must not start any vote totals. People present must not disclose ballot information, and a registrar’s inability to follow these pre-opening rules alone is not grounds to contest the election.

Sponsors & Cosponsors

Sponsor

  • Saddam Azlan Salim

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 253 • No: 138

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 34

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

Senate vote 3/6/2026

House substitute agreed to by Senate

Yes: 21 • No: 19

House vote 3/4/2026

Passed House with substitute

Yes: 64 • No: 35

House vote 2/27/2026

Reported from Privileges and Elections with substitute

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 1/29/2026

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

Yes: 8 • No: 6

Actions Timeline

  1. House concurred in Governor's recommendation (64-Y 34-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 (CHAP1018)

    4/22/2026Governor
  4. Reenrolled bill text (SB582ER2)

    4/22/2026Senate
  5. Approved by Governor-Chapter 1018 (Effective 9/1/2026)

    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

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

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

    3/14/2026Senate
  12. Fiscal Impact Statement from Department of Planning and Budget (SB582)

    3/12/2026Senate
  13. Bill text as passed Senate and House (SB582ER)

    3/12/2026Senate
  14. Enrolled

    3/12/2026House
  15. Signed by President

    3/12/2026Senate
  16. Signed by Speaker

    3/12/2026House
  17. Fiscal Impact Statement from Department of Planning and Budget (SB582)

    3/11/2026Senate
  18. House substitute agreed to by Senate (21-Y 19-N 0-A)

    3/6/2026Senate
  19. Passed House with substitute (64-Y 35-N 0-A)

    3/4/2026House
  20. Engrossed by House - floor substitute

    3/4/2026House
  21. Delegate Price Floor substitute agreed to

    3/4/2026House
  22. committee substitute rejected

    3/4/2026House
  23. Read third time

    3/4/2026House
  24. Read second time

    3/3/2026House
  25. Floor Offered

    3/3/2026House

Bill Text

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