VirginiaSB5822026 Regular SessionSenate

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

Sponsored By: Saddam Azlan Salim (Democratic)

Signed by Governor

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

6 provisions identified: 6 benefits, 0 costs, 0 mixed.

Absentee voters get free ballot tracking

Beginning January 1, 2027, Virginia's Department of Elections and local officials must provide free absentee application and ballot status checks. The system must update daily and show application receipt, acceptance or rejection, rejection reasons, and ballot receipt and current status. Electoral boards must send a written explanation within 90 days after rejecting an absentee ballot. Registrars must also keep a daily-updated applicant list showing names, addresses, application decisions, rejection reasons, and ballot status, including correction issues. The list is open for inspection, and the Department may give electronic copies to parties and candidates. Social Security numbers and birth dates must remain protected from public inspection. The State Board must issue instructions for implementing the tracking and notice requirements.

Absentee voters get time to fix errors

Beginning January 1, 2027, Virginia registrars must record errors in returned absentee ballots that make them legally void. They must promptly send voters correction instructions in writing or by email. Voters can make corrections before noon on the Monday after the election. Registrars cannot deliver these ballots to precinct officers until voters have had a chance to correct them. If needed, a registrar may issue a replacement ballot and must keep the original as spoiled. A corrected ballot counts if the voter is entitled to vote.

Consistent reviews for registration and ballots

Beginning January 1, 2027, Virginia's State Board of Elections must set uniform rules for reviewing incomplete voter registration applications. This includes same-day registration applications. The rules must give applicants a uniform period to supply missing information, regardless of provisional ballot decisions or board adjournments. The law leaves that period's length to regulations, separate from the deadline for correcting provisional ballot forms. The Department of Elections must issue consistent guidance for reviewing, correcting, and counting provisional ballots, including same-day registration ballots. The Secretary of Administration must convene a group to study potential changes to the same-day registration provisional ballot process. Courts retain power to enforce these duties through injunctions, and willfully neglecting covered duties can be a Class 1 misdemeanor.

Fewer paperwork barriers for absentee voters

Beginning January 1, 2027, Virginia registrars cannot reject absentee applications for errors unrelated to whether the applicant qualifies to vote absentee. A completed application delivered on time is treated as an offer to vote. For registered voters whose applications are rejected, registrars must record the rejection and reason in the voter registration system. Eligible applicants receive a blank ballot when available, required envelopes, instructions, and drop-off information under existing printing and mailing deadlines. Registrars can mail or deliver these materials in person and may obtain proof of mailing. On request, they may send blank ballot materials electronically through official email or fax, including for covered voters. Federal Voting Assistance Program facilities may be used, and the State Board may set email-format rules.

Small omissions do not block absentee ballots

Beginning January 1, 2027, an absentee ballot returned in person or by mail before election day is protected from certain paperwork rejections. A missing middle initial alone does not make the voter affirmation incomplete when the full first and last names appear. A missing signing date, or part of that date, also does not make it incomplete. With a complete affirmation, registrars may open envelopes and put ballots into optical-scan machines or secure containers before counting. This work may begin earlier and must begin on the seventh day before the election. At least two election officers and a representative from each political party must be present during opening and insertion. No one may disclose ballot information. A safeguard violation alone does not invalidate absentee ballots or provide grounds to contest the election.

Voters can fix provisional ballot forms

Beginning January 1, 2027, Virginia registrars must check provisional ballot forms for material omissions before the electoral board decides validity. Registrars must promptly explain corrections by phone or email, if available. Voters can correct forms before noon on the Monday after the election. Ballots count when voters are entitled to vote in that precinct. They also count with proof of a qualifying registration application submitted through a state-designated agency before the registration deadline, or timely motor vehicle agency data. The registrar must confirm the applicant qualified to register. Boards meet the day after the election and may adjourn to finish decisions within 10 calendar days of election day. Attendance is limited to authorized party or candidate observers, affected voters and their representatives or lawyers, and board staff or lawyers. Validated voters enter the provisional pollbook and the state's voted list; certified provisional results join the certified election results.

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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