Committee reports substitute creating permanent absentee list and tightening certification duties

Senate of Virginia · February 3, 2026

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Summary

A substitute to SB831 would automatically add voters registered after July 1, 2027 to a permanent general-election absentee list unless they opt out, and clarifies that electoral boards' certification duties are ministerial; the committee reported the substitute after mixed testimony on voter autonomy and administrative obligations.

Senators reported a substitute to SB831 that adds a permanent general-election absentee voter list and clarifies electoral boards’ ministerial duties.

Sponsor explained Substitute 2 would automatically add any voter who registers after July 1, 2027 to a permanent general-election absentee list unless the voter opts out. The substitute also emphasizes that electoral boards’ duties, including certifying results, are ministerial and nondiscretionary, authorizes the State Board of Elections to intervene when a local board fails to act, establishes removal proceedings and a penalty up to $1,000 for an electoral board member who refuses to certify election results, and limits on-site voter qualification challenges at the polls.

Jane Newell of the League of Women Voters supported the bill, saying past experience shows certification duties need clarification and that challenges at polling locations should be excluded. An online witness opposed automatic enrollment for new registrants, arguing it removes voters’ autonomy to decide whether to receive an absentee ballot. A former electoral board member also opposed the bill and stressed that electoral board members must review provisional ballot materials before certifying.

After discussion, the committee moved and reported the substitute (as amended) for further consideration.