VirginiaSJ22026 Regular SessionSenate

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote.

Sponsored By: Mamie E. Locke (Democratic)

Adopted

Summary

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

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Bill Overview

Analyzed Economic Effects

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

Voting rights return after felony release

In Virginia, people released from incarceration for a felony automatically regain all political rights, including the right to vote. No separate action to restore those rights is required. The existing ban on voting while incarcerated for that felony remains in place.

Court findings of incapacity limit voting

In Virginia, you cannot vote while a court with authority finds you lack the capacity to understand voting. The restriction ends when your capacity is reestablished as prescribed by law. This provision does not explain that process.

Sponsors & Cosponsors

Sponsor

  • Mamie E. Locke

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 123 • No: 82

House vote • 2/2/2026

Agreed to by House

Yes: 60 • No: 34

House vote • 1/30/2026

Reported from Privileges and Elections

Yes: 15 • No: 7

Senate vote • 1/16/2026

Agreed to by Senate

Yes: 21 • No: 18

Senate vote • 1/15/2026

Senator McDougle, Ryan T. Amendments rejected

Yes: 19 • No: 20

Senate vote • 1/15/2026

Engrossed by Senate (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/14/2026

Reported from Privileges and Elections

Yes: 8 • No: 3 • Other: 3

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0978)

    4/13/2026Governor
  2. Assigned Chapter 978 (Effective 7/1/2026)

    4/13/2026House
  3. Signed by Speaker

    3/31/2026House
  4. Bill text as passed Senate and House (SJ2ER)

    3/30/2026Senate
  5. Signed by President

    3/30/2026Senate
  6. Agreed to by House (60-Y 34-N 0-A)

    2/2/2026House
  7. Taken up

    2/2/2026House
  8. Reported from Privileges and Elections (15-Y 7-N)

    1/30/2026House
  9. Referred to Committee on Privileges and Elections

    1/20/2026House
  10. Agreed to by Senate (21-Y 18-N 0-A)

    1/16/2026Senate
  11. Read third time

    1/16/2026Senate
  12. Floor offered

    1/15/2026Senate
  13. Engrossed by Senate (Voice Vote)

    1/15/2026Senate
  14. Senator McDougle, Ryan T. Amendments rejected (19-Y 20-N 0-A)

    1/15/2026Senate
  15. Reading of amendments waived

    1/15/2026Senate
  16. Read second time

    1/15/2026Senate
  17. Read first time

    1/14/2026Senate
  18. Reported from Privileges and Elections (8-Y 3-N 3-A)

    1/14/2026Senate
  19. Referred to Committee on Privileges and Elections

    11/17/2025Senate
  20. Prefiled and ordered printed; Offered 01-14-2026 26100361D

    11/17/2025Senate

Bill Text

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