SB 162 Virginia Senate · 2026 Regular Session

Voter registration; restoration of political rights upon release from incarceration.

Summary
Voter registration; restoration of political rights upon release from incarceration; certain adjudications. Provides that any person who loses his political rights as a result of a felony conviction shall be invested with those rights upon his release from incarceration and shall be entitled to register to vote. The bill directs the Department of Corrections and the State Board of Local and Regional Jails to transmit to the Department of Elections certain information for incarcerated persons with a pending date of release and requires the Department of Elections to process the information and make the necessary changes to the voter registration system to permit such persons to register to vote by the date of the person's scheduled date of release. On the date of an incarcerated person's release, the appropriate authority is required by the bill to provide a voter registration application, information on returning the form by mail or completing it by electronic means, and an official release document to serve as a safety net for voter registration. The bill also amends the language regarding adjudications of mental incompetency for purposes of being qualified to vote; a person adjudicated to lack the capacity to understand the act of voting shall not be entitled to vote until that capacity has been reestablished. The bill has a delayed effective date of January 1, 2027, contingent upon the approval of the constitutional amendments at the November 3, 2026, general election. This bill is identical to HB 964.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Vetoed
Apr 2026
Introduced Jan 7, 2026 Vetoed Apr 11, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

Engrossed Enrolled · 3 edits · Mar 4, 2026
MINOR
The Enrolled version of SB 162 makes three substantive changes from the Engrossed version: it conditions the entire act's effectiveness on voter approval of related constitutional amendments at the November 3, 2026 election; it restructures the guardianship court order requirements to make voting disqualification a separate and distinct finding requiring specific findings of fact and conclusions of law; and it corrects a typo in a section heading. The effective date change is the most significant because the bill now has no effect unless voters approve companion constitutional amendments on voter qualifications.
Scope change
The bill's scope is now contingent on voter approval of constitutional amendments at the November 3, 2026 election. If those amendments are rejected, none of the provisions in this act take effect, meaning no changes to voter registration for formerly incarcerated persons or guardianship voting disqualification procedures would occur.
TIMELINE

The act's effective date of January 1, 2027 is now conditional: it only takes effect if constitutional amendments to Article II, Section 1 regarding voter disqualification for felony incarceration or lack of capacity to understand voting are approved by a majority of voters at the November 3, 2026 general election. If those amendments fail, this act does not take effect.

REQUIREMENT

In guardianship/conservatorship court orders (Section 64.2-2009), voting disqualification is now a separate required finding (subparagraph iv) that must state whether the person has been found disqualified to vote due to lack of capacity and include specific findings of fact and conclusions of law in support. The old language lumped voting disqualification together with 'other legal disabilities' in a single provision without requiring separate supporting findings.

TECHNICAL

Corrected typo in section 24.2-418.2 heading from 'Registration bv persons' to 'Registration by persons.'

Floor votes · Senate Feb 11, 2026 · House of Delegates Feb 25, 2026

How they voted

390
Passed
Total votes 39
Feb 11, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
36
Key actions
12
Committee
7
Amendments
2
Apr 11, 2026
Vetoed
Governor's recommendation received by Senate
executive
Mar 4, 2026
Upper · Passed
Signed by President
upper
Mar 4, 2026
Lower · Passed
Signed by Speaker
lower
Mar 4, 2026
Upper · Passed
Bill text as passed Senate and House (SB162ER)
upper
Feb 25, 2026
Lower · Passed
Passed House with substitute (65-Y 33-N 0-A)
lower
Feb 20, 2026
Lower · Passed
Reported from Privileges and Elections with substitute (15-Y 6-N)
lower
Feb 20, 2026
Lower · Passed
House committee offered
lower
Feb 18, 2026
Committee
Referred to Committee on Privileges and Elections
lower
Feb 13, 2026
Upper · Passed
Read third time and passed Senate (21-Y 18-N 0-A)
upper
Feb 12, 2026
Introduced
Engrossed by Senate as amended (Voice Vote)
upper
Feb 12, 2026
Upper · Passed
Privileges and Elections Amendment agreed to
upper
Feb 11, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Feb 10, 2026
Upper · Passed
Reported from Finance and Appropriations (10-Y 5-N)
upper
Feb 3, 2026
Upper · Passed
Reported from Privileges and Elections with amendment and rereferred to Finance and Appropriations (8-Y 6-N)
upper
Feb 3, 2026
Upper · Passed
Senate committee offered
upper
Jan 7, 2026
Committee
Referred to Committee on Privileges and Elections
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mamie Locke
Mamie Locke
DDemocratic
VA
23