Voter identification; identification containing a photograph required. (HB46)

Introduced By

Del. Lee Ware (R-Powhatan) with support from co-patron Del. Michael Webert (R-Marshall)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Elections; voter identification containing a photograph required; availability of absentee voting in person; processing returned absentee ballots; permanent absentee voter list repealed. Requires presentation of a form of identification containing a photograph in order to vote. A voter who does not show an accepted form of identification is entitled to cast a provisional ballot. The bill limits the period that absentee voting in person is available to the twenty-one days prior to an election and allows localities to offer extended hours for absentee voting in person. Additionally, the bill repeals the provision that allows an absentee ballot that is returned after the close of polls to be counted if it is postmarked by election day and arrives by the Friday after the election. The bill makes changes to the pre-processing of absentee ballots and repeals the permanent absentee voter list. Read the Bill »


Bill Has Failed


12/31/2021Prefiled and ordered printed; offered 01/12/22 22102903D
12/31/2021Referred to Committee on Privileges and Elections
01/24/2022Assigned P & E sub: Subcommittee #1
01/24/2022Impact statement from DPB (HB46)
01/25/2022House committee, floor amendments and substitutes offered
01/25/2022Subcommittee recommends reporting with substitute (6-Y 4-N)
02/07/2022House subcommittee amendments and substitutes offered
02/08/2022Subcommittee recommends reporting with substitute (6-Y 4-N)
02/11/2022Reported from Privileges and Elections with substitute (12-Y 10-N) (see vote tally)
02/11/2022Committee substitute printed 22106214D-H1
02/13/2022Read first time
02/14/2022Read second time
02/14/2022Committee substitute agreed to 22106214D-H1
02/14/2022Engrossed by House - committee substitute HB46H1
02/15/2022Read third time and passed House (52-Y 48-N)
02/15/2022VOTE: Passage (52-Y 48-N) (see vote tally)
02/15/2022Impact statement from DPB (HB46H1)
02/16/2022Constitutional reading dispensed
02/16/2022Referred to Committee on Privileges and Elections
02/22/2022Passed by indefinitely in Privileges and Elections (9-Y 6-N) (see vote tally)


ChangeServant, tracking this bill in Photosynthesis, notes:

OPPOSE this bill that seeks to roll back changes made over the last couple of years to ease voter id requirements and other measures that enhance access to voting.

Dianne Rencsok writes:

In the previous language of this statute there were references such that an individual had the option of "signing a statement…that he is the named registered voter he claims to be". All those references are struck out. My concern is what alternate method is available to a disadvantaged person to validate identity.
How does someone acquire a photo ID if they have no previous such? Do they take a birth certificate and a witness with them to assert who they are? What if any birth certificate they had was lost in a move or an eviction. Do they need some proof of address? What if they are living with relatives and there is no document with their name (rent, utilities, etc in the name of the primary family member)? The presence of a photo ID seems like an obvious positive, but how do they get one if they don't have one? My daughter had to sign a verification document when she took my granddaughter to get her learner's permit. There are many people who have never had a vehicle or a driver's license. What system could be put in place to assure that there was a valid procedure for obtaining a photo ID?

Michael William Albin writes:

Dear Delegate Ware,
Thank you for introducing HB46 which helps guarantee our votes against fraud. Many objections to the bill are generated by partisans who wish to tear down protections to the franchise. Legitimate objections are addressed by procedures in place at the DMV., to name just one.

I'm pleased to see that the bill has successfully cleared House committee and look forward to Senate passage.

Michael Albin
FFX County

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