What is the status of SB438?

Chaptered as of April 13, 2026. Latest action: Acts of Assembly Chapter text (CHAP0945) (April 13, 2026).

Bagby, Lamont (D, 14), with 8 co-sponsors.

Where is the official record for SB438?

On the Virginia Legislature website: https://lis.virginia.gov/bill-details/20261/SB438

Virginia legislation · 2026 Regular Session

Virginia SB438: An Act to amend and reenact § 24.2-701.1 of the Code of Virginia, relating to elections; absentee voting in person; available the second and third Sunday before all elections.

Q: What is SB438?

SB438 is a bill in the Virginia Legislature (2026 Regular Session): An Act to amend and reenact § 24.2-701.1 of the Code of Virginia, relating to elections; absentee voting in person; available the second and third Sunday before all elections.

Q: What does SB438 do?

In its own words: An Act to amend and reenact § 24.2-701.1 of the Code of Virginia, relating to elections; absentee voting in person; available the second and third Sunday before all elections. [S 438] Approved April 13, 2026 1. That § 24.2-701.1 of the Code of Virginia is amended and reenacted as follows: § 24.2-701.1. Absentee voting in person. A. Absentee voting in person shall be available on the forty-fifth day prior to any election and shall continue until 5:00 p.m. on the Saturday immediately preceding the election. In the case of a special election, excluding for federal offices, if time is insufficient.

Status: Chaptered, April 13, 2026

Absentee voting in person; available the second and third Sunday before all elections. Requires absentee voting in person to be made available for a minimum of five hours between the hours of 11:00 a.m. and 5:00 p.m. on the second and third Sunday immediately preceding all elections.

What the bill says

An Act to amend and reenact § 24.2-701.1 of the Code of Virginia, relating to elections; absentee voting in person; available the second and third Sunday before all elections. [S 438] Approved April 13, 2026 1. That § 24.2-701.1 of the Code of Virginia is amended and reenacted as follows: § 24.2-701.1. Absentee voting in person. A. Absentee voting in person shall be available on the forty-fifth day prior to any election and shall continue until 5:00 p.m. on the Saturday immediately preceding the election. In the case of a special election, excluding for federal offices, if time is insufficient.

From the enrolled text, April 13, 2026:

An Act to amend and reenact § 24.2-701.1 of the Code of Virginia, relating to elections; absentee voting in person; available the second and third Sunday before all elections. [S 438] Approved April 13, 2026 1. That § 24.2-701.1 of the Code of Virginia is amended and reenacted as follows: § 24.2-701.1. Absentee voting in person. A. Absentee voting in person shall be available on the forty-fifth day prior to any election and shall continue until 5:00 p.m. on the Saturday immediately preceding the election. In the case of a special election, excluding for federal offices, if time is insufficient between the issuance of the writ calling for the special election and the date of the special election, absentee voting in person shall be available as soon as possible after the issuance of the writ. Any registered voter offering to vote absentee in person shall provide his name and his residence address in the county or city in which he is offering to vote. After verifying that the voter is a registered voter of that county or city, the general registrar shall enroll the voter's name and address on the absentee voter applicant list maintained pursuant to § 24.2-706. Except as provided in subsection F, a registered voter voting by absentee ballot in person shall provide one of the forms …

Virginia SB438: An Act to amend and reenact § 24.2-701.1 of the Code of Virginia, relating to elections; absentee voting in person; available the second and third Sunday before all elections.

What the bill says

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