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)

Became Law

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

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

Your voting rights and residence rules

The Constitution says voting is a fundamental right for U.S. citizens who are at least 18, live in Virginia and their precinct, and are registered. Residence means you have a legal home (domicile) and a place where you live (abode) in that precinct. The right to vote cannot be limited by law except as the Constitution allows.

Voting limits: jail time and incapacity

If you are incarcerated for a felony, you cannot vote while in jail or prison. When you are released, all your political rights, including voting, return right away with no extra steps. If a court rules you cannot understand the act of voting, you cannot vote during that period. Your voting rights return when competency is restored as state law provides.

Overseas, movers, and new resident voting

The law lets the General Assembly allow Virginians who work overseas, and their spouses and dependents living with them, to vote even if they gave up their Virginia abode while abroad. It lets the Assembly allow people who move within Virginia to keep voting in their old precinct for a set time. For presidential elections, it can set other ways for new residents to register. Specific rules and time limits come from state law.

Pre-register at 17 and vote in primaries

If you will be 18 by the next general election, you can register now. You can vote in primaries or special elections held before you turn 18.

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

Engrossed by Senate (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/15/2026

Senator McDougle, Ryan T. Amendments rejected

Yes: 19 • No: 20

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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