2026 SESSION

INTRODUCED

26105126D

SENATE BILL NO. 658

Offered January 14, 2026

Prefiled January 14, 2026

A BILL to amend and reenact §§ 24.2-410.1, 24.2-411.3, 24.2-412, 24.2-413, 24.2-418, 24.2-418.1, 24.2-428.2, 24.2-653.01, and 24.2-1016 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-411.4, relating to voter registration; automatic voter registration.

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Patron—Rouse

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Referred to Committee on Privileges and Elections

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Be it enacted by the General Assembly of Virginia:

1. That §§ 24.2-410.1, 24.2-411.3, 24.2-412, 24.2-413, 24.2-418, 24.2-418.1, 24.2-428.2, 24.2-653.01, and 24.2-1016 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 24.2-411.4 as follows:

§ 24.2-410.1. Citizenship status; Department of Motor Vehicles to furnish lists of noncitizens.

A. The For any applicant who does not provide documents that clearly indicate his citizenship status, the Department of Motor Vehicles shall include on the application for a driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, special identification card, or any other document or credential, or renewal thereof, issued pursuant to the provisions of Chapter 3 (§ 46.2-300 et seq.) of Title 46.2, as a predicate to offering a transmitting voter registration application information pursuant to § 24.2-411.1 § 24.2-411.3, a statement asking the applicant if he is a United States citizen. If the applicant indicates a noncitizen status or declines to respond to the citizenship question, the Department of Motor Vehicles shall not offer that applicant the opportunity to apply for voter registration pursuant to § 24.2-411.3. If the applicant indicates that he is a United States citizen and that he wishes to register to vote or change his voter registration address, the statement that he is a United States citizen shall become part of the voter registration application offered to the applicant information transmitted to the appropriate general registrar through the Department of Elections. Information on citizenship status shall not be a determinative factor for the issuance of any document pursuant to the provisions of Chapter 3 (§ 46.2-300 et seq.) of Title 46.2.

B. Additionally, the The Department of Motor Vehicles shall furnish monthly to the Department of Elections a complete list of all persons who have indicated a noncitizen status to the Department of Motor Vehicles in obtaining a driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, special identification card, or any other document or credential, or renewal thereof, issued pursuant to the provisions of Chapter 3 (§ 46.2-300 et seq.) of Title 46.2. The Department of Elections shall transmit the information from the list to the appropriate general registrars. Information in the lists shall be confidential and available only for official use by the Department of Elections and general registrars.

C. For the purposes of this section, the Department of Motor Vehicles is not responsible for verifying the claim of any applicant who indicates United States citizen status when applying for a driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, special identification card, or any other document or credential, or renewal thereof, issued pursuant to the provisions of Chapter 3 (§ 46.2-300 et seq.) of Title 46.2.

§ 24.2-411.3. Registration of Department of Motor Vehicles customers.

A. Each person coming into an office of Any individual who conducts a transaction with the Department of Motor Vehicles or accessing its website in order to (i) apply for, replace, or renew a driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 except driver privilege cards or permits issued pursuant to § 46.2-328.3 or identification privilege cards issued pursuant to § 46.2-345.3; or (ii) change an address on an existing driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 except driver privilege cards or permits issued pursuant to § 46.2-328.3 or identification privilege cards issued pursuant to § 46.2-345.3, whose information is not transmitted to the Department of Elections pursuant to § 24.2-411.4 or who has not provided documentation demonstrating non-citizen status, shall be presented with (a) a question asking whether or not the person is a United States citizen and (b) the option to decline to have his information transmitted to the Department of Elections for voter registration purposes. The citizenship question and option to decline shall be accompanied by a statement that intentionally making a materially false statement during the transaction constitutes election fraud and is punishable under Virginia law as a felony.

The Department of Motor Vehicles may not transmit the information of any person who so declines. The Department of Motor Vehicles may not transmit the information of any person who indicates that he is not a United States citizen, or declines to respond to the citizenship question, or provides documentation demonstrating noncitizen status, nor may such person be asked any additional questions relevant to voter registration but not relevant to the purpose for which the person came to an office of the Department of Motor Vehicles or accessed its website of the transaction.

B. For each person who does not select the option to decline to have his information transmitted to the Department of Elections for voter registration purposes and who has identified himself as a United States citizen, the Department of Motor Vehicles shall request any information as may be required by the State Board to ensure that the person meets all voter registration eligibility requirements.

C. The Department of Motor Vehicles shall electronically transmit to the Department of Elections, in accordance with the standards set by the State Board, the information collected pursuant to subsection B for any person who (i) has indicated that he is a United States citizen, (ii) has indicated that he is 17 years of age or older, and (iii) at the time of such transaction did not decline to have his information transmitted to the Department of Elections for voter registration purposes.

D. The Department of Elections shall use the information transmitted to determine whether a person already has a registration record in the voter registration system.

1. For any person who does not yet have a registration record in the voter registration system, the Department of Elections shall transmit the information to the appropriate general registrar. The general registrar shall accept or reject the registration of such person in accordance with the provisions of this chapter.

2. For any person who already has a registration record in the voter registration system, if the information indicates that the voter has moved within the Commonwealth, the Department of Elections shall transmit the information and the registration record to the appropriate general registrar, who shall treat such transmittal as a request for transfer and process it in accordance with the provisions of this chapter.

3. General registrars shall not register any person who does not satisfy all voter eligibility requirements.

§ 24.2-411.4. Automatic voter registration through the Department of Motor Vehicles and other agencies.

A. Any individual who (i) conducts a transaction with the Department of Motor Vehicles to (a) apply for, replace, or renew a driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2, except driver privilege cards or permits issued pursuant to § 46.2-328.3 or identification privilege cards issued pursuant to § 46.2-345.3, or (b) change an address on an existing driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2, except driver privilege cards or permits issued pursuant to § 46.2-328.3 or identification privilege cards issued pursuant to § 46.2-345.3, and (ii) has provided documentation demonstrating United States citizenship shall be confirmed in the Department of Motor Vehicles database as meeting the citizenship requirement for eligibility to vote.

B. The Department of Motor Vehicles shall collect and transmit to the Department of Elections the information necessary to register tovote of any individual who (i) is confirmed in the Department of Motor Vehicles database as meeting the citizenship requirement for eligibility to vote, (ii) is not registered to vote, and (iii) is of sufficient age to register to vote, as determined by the Department of Elections. On completion of each such individual's transaction, the individual will be presented with an acknowledgement that he has directed the Department of Motor Vehicles to transmit this information to the Department of Elections. The Department of Motor Vehicles shall transmit such information electronically to the Department of Elections at least once each working day and in a format agreed upon by the Department of Motor Vehicles and the Department of Elections.

C. Within one working day of receiving the information provided pursuant to subsection B, the Department of Elections shall provide the information to the general registrar of the county or city in which the individual resides. If the Department of Elections determines that an individual is ineligible to register to vote due to a felony conviction or some other disqualifying condition, the Department of Elections shall transmit that information to the appropriate general registrar.

D. The general registrar shall accept or reject the registration of any individual whose information was transmitted pursuant to subsection B in accordance with the provisions of this chapter.

If the record received from the Department of Elections is not complete for purposes of voter registration, the general registrar shall not deny the application but shall ask the individual to provide the necessary additional information pursuant to procedures promulgated by the State Board of Elections.

The general registrar shall mail any individual who is ineligible to register to vote a notice advising the individual of his ineligibility and denial of registration.

The general registrar shall send by nonforwardable mail any individual whose registration has been accepted a notice in a form prescribed by the Department of Elections. Such notice shall contain:

1. A statement that he will be registered to vote based on the information provided;

2. An explanation of the eligibility requirements to register to vote, the penalties for submission of a false application, and a statement indicating that if the individual is not eligible, he should decline to register using the preaddressed return form;

3. Instructions for how he may decline to be registered;

4. A statement indicating that if he declines to register to vote, the fact that he has declined registration will remain confidential and will be used only for voter registration purposes, and a statement indicating that if he does not decline registration, the office at which he was registered will remain confidential and will be used only for voter registration purposes; and

5. Instructions for furnishing a post office box address located within the Commonwealth in lieu of a street address on the lists of registered voters and individuals who voted, for voters entitled to address confidentiality pursuant to subsection B of § 24.2-418.

The notice shall be accompanied by a postage paid preaddressed return form that the individual may use to decline to be registered. The notice may be combined with the voter confirmation documents provided pursuant to § 24.2-404.

E. If an individual declines to register to vote using the instructions provided in the registration notice provided under subsection D after his information has been processed by a general registrar, his registration shall be canceled, and he shall be deemed to have never registered. If the person has voted in an election after the transfer of the person's record but before the notice is returned, the returned form is of no effect and the person is registered as of the date of the person's application with the Department of Motor Vehicles. If a notice provided under subsection D is returned as undeliverable, the general registrar shall notify the Department of Elections, and the Department of Elections shall send the individual an address verification request pursuant to § 24.2-428 within one working day. Information relating to the return of a notice from declining to be registered may not be used for any purpose other than election administration.

F. The Department of Motor Vehicles shall transmit a notice of the change of name or address to the Department of Elections for any individual who (i) is a registered voter in the Commonwealth, (ii) conducts a transaction described in clause (i) of subsection A, and (iii) provides information indicating a name or address different from that on the person's voter registration record. The Department of Motor Vehicles shall transmit such information electronically to the Department of Elections at least once each working day and in a format agreed upon by the Department of Motor Vehicles and the Department of Elections.

G. Within one working day of receiving any information pursuant to subsection F, the Department of Elections shall forward such information to the appropriate general registrar for processing. The general registrar shall change the individual's registration record to reflect the change of name or address. An individual previously identified as eligible to provide a post office box address pursuant to subsection B of § 24.2-418 shall continue to have his residential address withheld from public disclosures. Upon making any such change, the general registrar shall send to the individual's registration address, by forwardable mail, notice of the change and a postage paid preaddressed return form by which the individual may verify or correct the information. Such notice may be combined with the voter confirmation documents required under § 24.2-404.

H. The Department of Elections shall establish adequate and reasonable technological security requirements for the transmission of information related to voter registration between the Department of Elections and the Department of Motor Vehicles. Before commencing any transmission of information required under this section, and no later than the date such transmittal is required to begin, the Department of Motor Vehicles shall adhere to the technological security requirements established by the Department of Elections. The security requirements established under this subsection shall be consistent with the security requirements established in § 24.2-410.2.

I. The Department of Elections, in consultation with the Department of Motor Vehicles, shall conduct regular audits and random checks of the automatic voter registration system established pursuant to this section to ensure accuracy and reliability.

J. The Department of Elections shall include the following information in the annual report required under subsection F of § 24.2-404:

1. The number of records transferred to the Department of Elections under this section, categorized by the source agency;

2. The number of voters newly added to the statewide voter registration list because of records transferred, categorized by the source agency;

3. The number of voters on the statewide voter registration list whose information was updated because of records transferred, categorized by the source agency and by type of information updated;

4. The number of individuals who declined voter registration;

5. Information on the implementation of audits, security, and privacy protocols; and

6. Any efforts the Department of Elections and the Department of Motor Vehicles plan to make to improve the efficiency and effectiveness of the voter registration process.

For the information required in subdivisions 1 through 4, the report shall be subcategorized by sex and age of the individuals included.

K. The Department of Motor Vehicles and the State Board of Elections may promulgate regulations to implement and enforce the provisions of this section.

L. Nothing in this section shall be construed to require documentary proof of citizenship for voter registration or to make substantive changes to the Commonwealth's voter eligibility or registration requirements

.

§ 24.2-412. Other locations and times for voter registration.

A. In addition to voter registration locations provided for in §§ 24.2-411, 24.2-411.2, and 24.2-411.3, and 24.2-411.4, opportunities for voter registration may be provided at other agency offices, business offices, establishments, and occasional sites open to the general public, and shall be provided as required by this section. Voter registration shall be conducted only in public places open to the general public and at preannounced hours. Deputy registrars should serve during such hours and at such places. The conduct of voter registration by the general registrar or a deputy registrar in public places at preannounced hours shall not be deemed solicitation of registration.

B. The general registrar is authorized to set within his jurisdiction ongoing locations and times for registration in local or state government agency offices or in businesses or other establishments open to the general public, subject to the approval of, and pursuant to an agreement with, the head of the government agency, the owner or manager of the business or establishment, or the designee of either. The agreement shall provide for the appointment of employees of the agency, business, or establishment to serve as deputy registrars and shall be in writing and approved by the local electoral board prior to implementation.

Employees of the agency, business, or establishment who are appointed to serve as deputy registrars may be nonresidents of the jurisdiction they are appointed to serve, provided that (i) they are qualified voters of the Commonwealth and (ii) they serve only at their place of employment within the jurisdiction they are appointed to serve.

C. The general registrar or electoral board may set additional occasional sites and times for registration within the jurisdiction. A multifamily residential building not usually open to the public may be used as an occasional registration site so long as the public has free access to the site during the time for registering voters. Voter registration conducted in a high school or at the location of a naturalization ceremony shall not be required to be open to the public.

§ 24.2-413. Accessible registration locations.

The office of the general registrar, and each agency, business, and establishment set for registration pursuant to §§ 24.2-411.1, 24.2-411.2, 24.2-411.4, and subsection B of § 24.2-412 shall be accessible as required by the provisions of the Virginians with Disabilities Act (§ 51.5-1 et seq.), the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. § 20101 et seq.), and the Americans with Disabilities Act relating to public services (42 U.S.C. § 12131 et seq.). The Department shall provide instructions to the Department of Motor Vehicles, state-designated voter registration agencies, local electoral boards, and general registrars to assist them in complying with the requirements of the Acts.

In the selection of additional registration sites as provided in § 24.2-412, consideration shall be given to accessibility so that a reasonable number of accessible sites are provided and the requirements of the above cited Acts are met.

§ 24.2-418. Application for registration.

A. Each Except as permitted by § 24.2-411.4, each applicant to register shall provide, subject to felony penalties for making false statements pursuant to § 24.2-1016, the information necessary to complete the application to register. Unless physically disabled, he shall sign the application. The application to register shall be only on a form or forms prescribed by the State Board or the U.S. Election Assistance Commission.

The Except as permitted by § 24.2-411.4, the form of the application to register shall require the applicant to provide the following information: full name; gender; date of birth; social security number, if any; whether the applicant is presently a United States citizen; address of residence in the precinct; place of last previous registration to vote; and whether the applicant has ever been adjudicated incapacitated and disqualified to vote or convicted of a felony, and if so, whether the applicant's right to vote has been restored. The form shall contain a statement that whoever votes more than once in any election in the same or different jurisdictions is guilty of a Class 6 felony. Unless directed by the applicant or as permitted in § 24.2-411.1 or, 24.2-411.2, or 24.2-411.4, the registration application shall not be pre-populated with information the applicant is required to provide.

B. The Except for registration pursuant to § 24.2-411.4, the form shall permit any individual, as follows, or member of his household, to furnish, in addition to his residence street address, a post office box address located within the Commonwealth to be included in lieu of his street address on the lists of registered voters and persons who voted, which are furnished pursuant to §§ 24.2-405 and 24.2-406, on voter registration records made available for public inspection pursuant to § 24.2-444, or on lists of absentee voter applicants furnished pursuant to § 24.2-706 or 24.2-710. The voter shall comply with the provisions of § 24.2-424 for any change in the post office box address provided under this subsection.

1. Any active or retired law-enforcement officer, as defined in § 9.1-101 and in 5 U.S.C. § 8331(20), but excluding officers whose duties relate to detention as defined in 5 U.S.C. § 8331(20);

2. Any party granted a protective order issued by or under the authority of any court of competent jurisdiction, including but not limited to courts of the Commonwealth of Virginia;

3. Any party who has furnished a signed written statement by the party that he is in fear for his personal safety from another person who has threatened or stalked him, accompanied by evidence that he has filed a complaint with a magistrate or law-enforcement official against such other person;

4. Any party participating in the address confidentiality program pursuant to § 2.2-515.2;

5. Any active or retired federal or Virginia justice or judge and any active or retired attorney employed by the United States Attorney General or Virginia Attorney General; and

6. Any person who has been approved to be a foster parent pursuant to Chapter 9 (§ 63.2-900 et seq.) of Title 63.2.

C. If the applicant formerly resided in another state, the general registrar shall send the information contained in the applicant's registration application to the appropriate voter registration official or other authority of another state where the applicant formerly resided, as prescribed in subdivision 15 of § 24.2-114.

§ 24.2-418.1. Receipt for voter registration applicants.

A. The state form for the application to register to vote shall contain a receipt that shall be given to the applicant upon his completion of the form. The receipt shall be completed by the person receiving the form from the applicant and shall include the following information: the name of the office, group, or person receiving the registration application; the date that the office, group, or person received the registration application from the applicant; and the phone number of the general registrar or the toll-free phone number of the Department of Elections that the applicant may call to confirm his registration.

B. The requirement to complete the receipt as provided in subsection A shall not be applicable when a completed form is mailed directly to or completed in the office of a general registrar or the Department or when an applicant is registered pursuant to § 24.2-411.4.

§ 24.2-428.2. Return of registered voter to active status.

A. A registered voter shall be returned to active status from inactive status if, during the period beginning on the date the voter was assigned to inactive status and ending on the day of the second general election for federal office thereafter, the voter:

1. Notifies the general registrar of a change of address within the county or city;

2. Responds to a confirmation notice with information that the voter continues to reside at the registration address;

3. Votes or attempts to vote in a primary or a special or general election and, if necessary, corrects the registration record; or

4. Transfers his registration to another county or city within the Commonwealth, pursuant to § 24.2-424 or subsection E of § 24.2-428; or

5. Conducts a transaction with the Department of Motor Vehicles to (i) apply for, replace, or renew a driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2, except driver privilege cards or permits issued pursuant to § 46.2-328.3 or identification privilege cards issued pursuant to § 46.2-345.3, or (ii) change an address on an existing driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2, except driver privilege cards or permits issued pursuant to § 46.2-328.3 or identification privilege cards issued pursuant to § 46.2-345.3.

B. If the registered voter fails to take such action on or before the day of the second general election for federal office after the voter was placed on inactive status, the general registrar shall cancel the person's voter registration.

C. The general registrar shall post at the courthouse or have published in a newspaper of general circulation in his county or city a list of names of persons whose registration has been cancelled pursuant to this section. He shall deliver or mail, obtaining a certificate of mailing, a certified copy of the list to the chairman of each political party in his county or city.

§ 24.2-653.01. Provisional ballots; electoral boards to make determination as to validity.

A. The electoral board shall meet on the day following the election and determine whether each person having submitted a provisional vote pursuant to § 24.2-653 was entitled to do so as a qualified voter in the precinct in which he offered the provisional vote. In the case of persons voting provisionally pursuant to § 24.2-653.3, the electoral board shall determine of which district the person is a qualified voter. At the meeting, the voter may request an extension of the determination of the provisional vote in order to provide information to prove that the voter is entitled to vote in the precinct pursuant to § 24.2-401. The electoral board shall have the authority to grant such extensions that it deems reasonable to determine the status of a provisional vote.

If the board is unable to determine the validity of all the provisional ballots offered in the election, or has granted any voter who has offered a provisional ballot an extension, the meeting shall stand adjourned, not to exceed 10 calendar days from the date of the election, until the board has determined the validity of all provisional ballots offered in the election.

B. The electoral board shall permit one authorized representative of each political party or independent candidate in a general or special election or one authorized representative of each candidate in a primary election to remain in the room in which the determination is being made as an observer so long as he does not participate in the proceedings and does not impede the orderly conduct of the determination. Each authorized representative shall be a qualified voter of any jurisdiction of the Commonwealth. Each representative, who is not himself a candidate or party chairman, shall present to the electoral board a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. If the county or city chairman is unavailable to sign such a written designation, such a designation may be made by the state or district chairman of the political party. However, no written designation made by a state or district chairman shall take precedence over a written designation made by the county or city chairman. Such statement, bearing the chairman's or candidate's original signature, may be photocopied and such photocopy shall be as valid as if the copy had been signed.

Notwithstanding the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), attendance at meetings of the electoral board to determine the validity of provisional ballots shall be permitted only for the authorized representatives provided for in this subsection, for the persons whose provisional votes are being considered and their representative or legal counsel, and for appropriate staff and legal counsel for the electoral board.

C. If the electoral board determines that such person was not entitled to vote as a qualified voter in the precinct or district in which he offered the provisional vote, is unable to determine his right to vote, or has not been provided one of the forms of identification specified in subsection B of § 24.2-643, or the signed statement that the voter is the named registered voter he claims to be, the envelope containing his ballot shall not be opened and his vote shall not be counted. The general registrar shall notify in writing pursuant to § 24.2-114 those persons found not properly registered or whose provisional vote was not counted.

The provisional vote shall be counted if (i) such person is entitled to vote in the precinct pursuant to § 24.2-401 or (ii) the Department of Elections or the voter presents proof that indicates the voter submitted an application for registration to a state-designated voter registration agency or the voter's information was transmitted by the Department of Motor Vehicles to the Department of Elections pursuant to § 24.2-411.3 or 24.2-411.4 prior to the close of registration pursuant to § 24.2-416 and the registrar determines that the person was qualified for registration based upon the application for registration submitted by the person pursuant to subsection B of § 24.2-652.

If the electoral board determines that such person was entitled to vote, the name of the voter shall be entered in a provisional votes pollbook and marked as having voted, the envelope shall be opened, and the ballot shall be placed in a ballot container without any inspection further than that provided for in § 24.2-646.

D. On completion of its determination, the electoral board shall proceed to count such ballots and certify the results of its count. Its certified results shall be added to those found pursuant to § 24.2-671. No adjustment shall be made to the statement of results for the precinct in which the person offered to vote. However, any voter who cast a provisional ballot and is determined by the electoral board to have been entitled to vote shall have his name included on the list of persons who voted that is submitted to the Department of Elections pursuant to § 24.2-406.

E. The certification of the results of the count together with all ballots and envelopes, whether open or unopened, and other related material shall be delivered by the electoral board to the clerk of the circuit court and retained by him as provided for in §§ 24.2-668 and 24.2-669.

§ 24.2-1016. False statements; penalties.

A. Any willfully false material statement or entry made by any person in any statement, form, or report required by this title shall constitute the crime of election fraud and be punishable as a Class 5 felony. Any preprinted statement, form, or report shall include a statement of such unlawful conduct and the penalty provided in this section.

B. No information transmitted pursuant to § 24.2-410.1, 24.2-411.3, or 24.2-411.4 shall constitute a willfully false material statement or entry under this section unless such false statement or entry was made with the specific intent to fraudulently register to vote.

2. That the Department of Elections, in consultation with the Department of Motor Vehicles, shall audit the automatic voter registration system established by this act for quality of data and certify such audit to the Chairs of the House and Senate Committees on Privileges and Elections prior to its implementation.

3. That the Department of Elections and the Department of Motor Vehicles shall work jointly to produce and distribute educational materials to the public regarding the processes and procedures established in this act that are relevant to voters and registrants.

4. That the provisions of this act shall become effective on the date of publication in the Virginia Register of Regulations of a notice by the State Board of Elections that the information technology infrastructure to implement this act is fully operational, or on July 1, 2027, whichever is sooner, but no earlier than July 1, 2026.