§ 24.2-100. Applicability of title.

The provisions of this title shall apply to all elections held in this Commonwealth except as is otherwise provided by general law.

(Code 1950, § 24-176; 1970, c. 462, § 24.1-95; 1980, c. 639; 1993, c. 641.)

Cross references. - For power of General Assembly to enact laws to regulate elections, see Va. Const., Art. II, § 4.

As to public bodies and records to the Virginia Freedom of Information Act is inapplicable, see § 2.2-3703 .

Editor's note. - At its regular session of 1991, the General Assembly directed the Code Commission to make a study of the laws governing elections in the Commonwealth. In January of 1993, the Commission sent to the Governor and General Assembly its report containing a proposed revision of Title 24.1, Elections. This report, which was published as Senate Document No. 25 of the 1993 session, contains reviser's notes and other explanatory matter which, while valuable, are too lengthy for inclusion here. The Commission's draft of the revision of Title 24.1, as amended by the General Assembly, became c. 641 of the Acts of 1993. Effective December 1, 1993, it repealed Title 24.1 and enacted in lieu thereof a new Title 24.2.

In addition to its revision by c. 641, former Title 24.1 was amended by certain other acts passed at the 1993 session. As required by § 30-152, the Code Commission has incorporated these amendments into new Title 24.2.

Many of the cases cited in the notes under sections of this title were decided under corresponding provisions of former Title 24.1 and earlier statutes.

Acts 1993, c. 641, cl. 2 provides: "That whenever any of the conditions, requirements, provisions or contents of any section or chapter of Title 24.1 or any other title of the Code of Virginia as such titles existed prior to December 1, 1993, are transferred in the same or modified form to a new section or chapter of Title 24.2 or any other title of the Code and whenever any such former section or chapter is given a new number in Title 24.2 or any other title, all references to any such former section or chapter of Title 24.1 or other title appearing in this Code shall be construed to apply to the new or renumbered section or chapter containing such conditions, requirements, provisions, contents or portions thereof."

Acts 1993, c. 641, cl. 3 provides: "That the rules and regulations of the State Board of Elections in effect on the effective date of this act shall continue in effect to the extent that they are not in conflict with this act and shall be deemed to be regulations promulgated under this act."

Acts 1993, c. 641, cl. 4 provides: "That this recodification of Title 24.1 as Title 24.2 shall not be construed to require the reappointment of any officer or any member of a board, council, committee or other appointed body referred to in Title 24.2, and each such officer and member shall continue to serve for the term for which appointed pursuant to the provisions of Title 24.1."

Acts 1993, c. 641, cl. 5 provides: "That this recodification of Title 24.1 as Title 24.2, including the repeal of § 24.1-90.2, shall not be construed to affect the term of office of any elected officeholder holding office on December 1, 1993."

Acts 1993, c. 641, cl. 6 provides: "That the provisions of § 9-77.11 [now § 30-152] of the Code of Virginia shall apply to the codification of Title 24.2 so as to give effect to other laws enacted at the 1993 Session of the General Assembly notwithstanding the delay in the effective date of this act."

Law review. - For a symposium, "The Law and Economics of Elections," see 85 Va. L. Rev. 1533 (1999).

For an article, "The Law and Economics of 'Informed Voter' Ballot Notations," see 85 Va. L. Rev. 1533 (1999).

For a commentary, "Garrett's Temptation," see 85 Va. L. Rev. 1589 (1999).

For a commentary, "The Theory of Political Competition," see 85 Va. L. Rev. 1605 (1999).

For an article, "Governing Through Intermediaries," see 85 Va. L. Rev. 1627 (1999).

For a commentary, "Pluralism With a Corporate Face: A Comment On Issacharoff and Ortiz," see 85 Va. L. Rev. 1671 (1999).

For a commentary, "Political Parties as Donative Intermediaries," see 85 Va. L. Rev. 1683 (1999).

For an article, "Politics By Other Means," see 85 Va. L. Rev. 1697 (1999).

For a commentary, "It's Not Just Talk," see 85 Va. L. Rev. 1725 (1999).

For a commentary, "Market Failures and Failures of Markets," see 85 Va. L. Rev. 1745 (1999).

For an article, "The Issue of Issue Advocacy: An Economic, Political, and Constitutional Analysis," see 85 Va. L. Rev. 1761 (1999).

For a commentary, "Taking Issue With Issue Advocacy," see 85 Va. L. Rev. 1793 (1999).

For a commentary, "On the Issue of Issue Advocacy," see 85 Va. L. Rev. 1803 (1999).

For an article, "Redistricting in the Post-2000 Era," see 8 Geo. Mason L. Rev. 431 (2000).

For an article, "Down For the Count: The Constitutional, Political and Policy Related Problems of Census Sampling," see 8 Geo. Mason L. Rev. 477 (2000).

Research References. - Friend's Virginia Pleading and Practice (Matthew Bender). Chapter 5 Parties. § 5.07 Specific Types of Parties - Various Actions. Friend.

§ 24.2-101. Definitions.

As used in this title, unless the context requires a different meaning:

"Ballot scanner machine" means the electronic counting machine in which a voter inserts a marked ballot to be scanned and the results tabulated.

"Candidate" means a person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. "Candidate" shall include a person who seeks the nomination of a political party or who, by reason of receiving the nomination of a political party for election to an office, is referred to as its nominee. For the purposes of Chapters 8 (§ 24.2-800 et seq.), 9.3 (§ 24.2-945 et seq.), and 9.5 (§ 24.2-955 et seq.), "candidate" shall include any write-in candidate. However, no write-in candidate who has received less than 15 percent of the votes cast for the office shall be eligible to initiate an election contest pursuant to Article 2 (§ 24.2-803 et seq.) of Chapter 8. For the purposes of Chapters 9.3 (§ 24.2-945 et seq.) and 9.5 (§ 24.2-955 et seq.), "candidate" shall include any person who raises or spends funds in order to seek or campaign for an office of the Commonwealth, excluding federal offices, or one of its governmental units in a party nomination process or general, primary, or special election; and such person shall be considered a candidate until a final report is filed pursuant to Article 3 (§ 24.2-947 et seq.) of Chapter 9.3.

"Central absentee voter precinct" means a precinct established pursuant to § 24.2-712 for the processing of absentee ballots for the county or city or any combination of precincts within the county or city.

"Constitutional office" or "constitutional officer" means a county or city office or officer referred to in Article VII, Section 4 of the Constitution of Virginia: clerk of the circuit court, attorney for the Commonwealth, sheriff, commissioner of the revenue, and treasurer.

"Department of Elections" or "Department" means the state agency headed by the Commissioner of Elections.

"Direct recording electronic machine" or "DRE" means the electronic voting machine on which a voter touches areas of a computer screen, or uses other control features, to mark a ballot and his vote is recorded electronically.

"Election" means a general, primary, or special election.

"Election district" means the territory designated by proper authority or by law which is represented by an official elected by the people, including the Commonwealth, a congressional district, a General Assembly district, or a district for the election of an official of a county, city, town, or other governmental unit.

"Electoral board" or "local electoral board" means a board appointed pursuant to § 24.2-106 to administer elections for a county or city. The electoral board of the county in which a town or the greater part of a town is located shall administer the town's elections.

"Entrance of polling place" or "entrance to polling place" means an opening in the wall used for ingress to a structure.

"General election" means an election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by law to be filled at those times.

"General registrar" means the person appointed by the electoral board of a county or city pursuant to § 24.2-110 to be responsible for all aspects of voter registration, in addition to other duties prescribed by this title. When performing duties related to the administration of elections, the general registrar is acting in his capacity as the director of elections for the locality in which he serves.

"Machine-readable ballot" means a tangible ballot that is marked by a voter or by a system or device operated by a voter, is available for verification by the voter at the time the ballot is cast, and is then fed into and scanned by a separate counting machine capable of reading ballots and tabulating results.

"Officer of election" means a person appointed by an electoral board pursuant to § 24.2-115 to serve at a polling place for any election.

"Paper ballot" means a tangible ballot that is marked by a voter and then manually counted.

"Party" or "political party" means an organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office.

"Person with a disability" means a person with a disability as defined by the Virginians with Disabilities Act (§ 51.5-1 et seq.).

"Polling place" means the structure that contains the one place provided for each precinct at which the qualified voters who are residents of the precinct may vote.

"Precinct" means the territory designated by the governing body of a county, city, or town to be served by one polling place.

"Primary" or "primary election" means an election held for the purpose of selecting a candidate to be the nominee of a political party for election to office.

"Printed ballot" means a tangible ballot that is printed on paper and includes both machine-readable ballots and paper ballots.

"Qualified voter" means a person who is entitled to vote pursuant to the Constitution of Virginia and who is (i) 18 years of age on or before the day of the election or qualified pursuant to § 24.2-403 or subsection D of § 24.2-544 , (ii) a resident of the Commonwealth and of the precinct in which he offers to vote, and (iii) a registered voter. No person who has been convicted of a felony shall be a qualified voter unless his civil rights have been restored by the Governor or other appropriate authority. No person adjudicated incapacitated shall be a qualified voter unless his capacity has been reestablished as provided by law. Whether a signature should be counted towards satisfying the signature requirement of any petition shall be determined based on the signer of the petition's qualification to vote. For purposes of determining if a signature on a petition shall be included in the count toward meeting the signature requirements of any petition, "qualified voter" shall include only persons maintained on the Virginia voter registration system (a) with active status and (b) with inactive status who are qualified to vote for the office for which the petition was circulated.

"Qualified voter in a town" means a person who is a resident within the corporate boundaries of the town in which he offers to vote, duly registered in the county of his residence, and otherwise a qualified voter.

"Referendum" means any election held pursuant to law to submit a question to the voters for approval or rejection.

"Registered voter" means any person who is maintained on the Virginia voter registration system. All registered voters shall be maintained on the Virginia voter registration system with active status unless assigned to inactive status by a general registrar in accordance with Chapter 4 (§ 24.2-400 et seq.). For purposes of applying the precinct size requirements of § 24.2-307 , calculating election machine requirements pursuant to Article 3 (§ 24.2-625 et seq.) of Chapter 6, mailing notices of local election district, precinct or polling place changes as required by subdivision 13 of § 24.2-114 and § 24.2-306 , and determining the number of signatures required for candidate and voter petitions, "registered voter" shall include only persons maintained on the Virginia voter registration system with active status. For purposes of determining if a signature on a petition shall be included in the count toward meeting the signature requirements of any petition, "registered voter" shall include only persons maintained on the Virginia voter registration system (i) with active status and (ii) on inactive status who are qualified to vote for the office for which the petition was circulated.

"Registration records" means all official records concerning the registration of qualified voters and shall include all records, lists, applications, and files, whether maintained in books, on cards, on automated data bases, or by any other legally permitted record-keeping method.

"Residence" or "resident," for all purposes of qualification to register and vote, means and requires both domicile and a place of abode. To establish domicile, a person must live in a particular locality with the intention to remain. A place of abode is the physical place where a person dwells.

"Special election" means any election that is held pursuant to law to fill a vacancy in office or to hold a referendum.

"State Board" or "Board" means the State Board of Elections.

"Virginia voter registration system" or "voter registration system" means the automated central record-keeping system for all voters registered within the Commonwealth that is maintained as provided in Article 2 (§ 24.2-404 et seq.) of Chapter 4.

"Voting system" means the electronic voting and counting machines used at elections. This term includes direct recording electronic machines (DRE) and ballot scanner machines.

(Code 1950, §§ 24-17, 24-18, 24-18.2, 24-22, 24-23, 24-44, 24-136, 24-137, 24-172, 24-346; 1956, c. 378; 1963, Ex. Sess., c. 2; 1964, c. 592; 1970, c. 462, §§ 24.1-1 , 24.1-41, 24.1-42, 24.1-93; 1971, Ex. Sess., cc. 119, 205, 265; 1972, c. 620; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1977, cc. 30, 490; 1978, c. 778; 1982, c. 650; 1983, c. 461; 1989, c. 322; 1991, 1st Sp. Sess., c. 12; 1993, c. 641; 1996, cc. 72, 73; 1997, c. 801; 1998, c. 866; 2001, c. 719; 2002, c. 487; 2003, c. 1015; 2005, c. 384; 2006, cc. 205, 787, 892; 2007, c. 311; 2008, c. 880; 2009, cc. 865, 870, 874; 2010, c. 707; 2013, cc. 542, 684; 2014, cc. 540, 576; 2015, c. 740; 2016, cc. 18, 492; 2020, c. 294; 2021, Sp. Sess. I, c. 471.)

Cross references. - As to the prohibition against the chairmen or any full-time paid employees of a state political party working as lobbyists, see § 2.2-435 .

For constitutional provision as to free elections, see Va. Const., Art. I, § 6.

As to prohibition of religious tests, see Va. Const., Art. I, § 16.

For constitutional provisions as to persons excluded from registering and voting, see Va. Const., Art. II, § 1.

As to eligibility to vote as a qualification to hold elective office, see Va. Const., Art. II, § 5.

As to eligibility to vote as qualification of senators and delegates, see Va. Const., Art. IV, § 4.

The 2001 amendments. - The 2001 amendment by c. 719 inserted "mailing notices of local election district, precinct or polling place changes as required by subdivision 11 of § 24.2-114 and § 24.2-306 " in the paragraph defining "Registered voter."

The 2002 amendments. - The 2002 amendment by c. 487, in the definition of "Candidate," deleted "and" following "( § 24.2-800 et seq.)" and inserted "and 9.2 ( § 24.2-941 et seq.)."

The 2003 amendments. - The 2003 amendment by c. 1015, substituted "10" for "ten," "15" for "fifteen," and "18" for "eighteen" throughout the section; substituted "subdivision 13" for "subdivision 11" in the definition of 'Registered voter;' substituted "election that" for "election which" in the definition of 'Special election;' and substituted "Commonwealth that" for "Commonwealth which" in the definition of 'Virginia voter registration system.'

The 2005 amendments. - The 2005 amendment by c. 384, in the definition of "Candidate," deleted "of this title" two times in the third sentence, and added the last sentence; deleted "of this title" two times in the definition of "Registered voter"; and deleted "of this title" in the definition of "Virginia voter registration system."

The 2006 amendments. - The 2006 amendment by c. 205 inserted "on or before the day of the election or qualified pursuant to § 24.2-403 or subsection D of § 24.2-544 " in the definition of "Qualified voter."

The 2006 amendments by cc. 787 and 892 are identical, and in the paragraph defining "Candidate," substituted "9.3 ( § 24.2-945 et seq.), and 9.5 ( § 24.2-955 et seq.)" for "9 ( § 24.2-900 et seq.) and 9.2 ( § 24.2-947 et seq.)" in the third and fifth sentences, and substituted "Article 3 ( § 24.2-947 et seq.) of Chapter 9.3" for "Article 4 ( § 24.2-914 et seq.) of Chapter 9" in the fifth sentence.

The 2007 amendments. - The 2007 amendment by c. 311 inserted "applications" following "lists" in the definition for "Registration records."

The 2008 amendments. - The 2008 amendment by c. 880 added the definition for "Person with a disability."

The 2009 amendments. - The 2009 amendments by cc. 865, 870 and 874 are identical, and in the paragraph defining "residence" or "resident," deleted the former last sentence, which read: "In determining domicile, consideration may be given to a person's expressed intent, conduct, and all attendant circumstances including, but not limited to, financial independence, business pursuits, employment, income sources, residence for income tax purposes, marital status, residence of parents, spouse and children, if any, leasehold, sites of personal and real property owned by the person, motor vehicle and other personal property registration, and other factors reasonably necessary to determine the qualification of a person to register or vote" and added the present last two sentences.

The 2010 amendments. - The 2010 amendment by c. 707 inserted the definition of "entrance of polling place"; and inserted "structure that contains the" in the definition of "polling place."

The 2013 amendments. - The 2013 amendment by c. 542, effective July 1, 2014, added the paragraph defining "Department of Elections."

The 2013 amendment by c. 684, in the definition of "qualified voter" substituted "a registered voter" for "registered to vote" in clause (iii) of the first sentence, and added the fourth and fifth sentences; and added the last two sentences in the definition of "registered voter."

The 2014 amendments. - The 2014 amendments by c. 540, effective April 3, 2014, and c. 576, effective April 4, 2014, are identical, and added the definitions of "Ballot scanner machine," "Direct recording electronic machine," "Machine-readable ballot," "Paper ballot," "Printed ballot," and "Voting system."

The 2015 amendments. - The 2015 amendment by c. 740 added "or 'Department"' preceding "means" in the definition for "Department of Elections."

The 2016 amendments. - The 2016 amendments by cc. 18 and 492 are identical, and added the definition for "General registrar."

The 2020 amendments. - The 2020 amendment by c. 294 substituted "voter, is available for verification by the voter at the time the ballot is cast, and is then fed into and scanned by a separate" for "voter and then fed into and scanned by a" in the definition of "Machine-readable ballot."

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 471, effective July 1, 2021, deleted "by a county or city" following "established" in the definition for "Central absentee voter precinct."

Law review. - For 1995 survey of campaign and election law, see 29 U. Rich. L. Rev. 859 (1995).

For 2006 survey article, "Election Law," see 41 U. Rich. L. Rev. 121 (2006).

For annual survey article, "Election Law," see 44 U. Rich. L. Rev. 403 (2009).

For note, "The Last Frontier of Disenfranchisement: A Fundamental Right For Individuals With Cognitive Disabilities," see 59 Wm. & Mary L. Rev. 693 (2017).

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, § 34; 14A M.J. Pardon, Probation and Parole, § 8.

CIRCUIT COURT OPINIONS

Definition of "Candidate." - Candidate elected to city council as a representative of the beach district was not eligible to run for the seat where, considering the testimony, credibility of the witnesses, exhibits, and applicable law, the candidate did not have the intent to establish residency at an apartment in the district, but only intended to acquire an address in order to run for city council as a representative of the district. As a result, in accordance with § 24.2-812 , there had been no valid election of any person, the election of the candidate was void, and the vacancy was to be filled in conformity with §§ 24.2-226 and 24.2-227 . Uhrin v. Nygaard, 101 Va. Cir. 252, 2019 Va. Cir. LEXIS 54 (Virginia Beach Mar. 5, 2019).

§ 24.2-101.01. Certified mail; subsequent mail or notices may be sent by regular mail.

Whenever in this title the State Board is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the State Board may be sent by regular mail.

(2011, c. 566.)

§ 24.2-101.1. Implementation of certain laws; special elections.

All laws enacted at a regular session of the General Assembly shall take effect as provided in § 1-214 except that the implementation of any change to this title shall not become effective for a special election held at a time other than a general election if the writ for the special election was issued prior to the effective date of the law.

(2008, c. 366.)

§ 24.2-102. Appointment; terms; Commissioner of Elections; prohibited activities.

1. The State Board of Elections is continued and shall consist of five members appointed by the Governor from the qualified voters of the Commonwealth, subject to confirmation by the General Assembly. In the appointment of the Board, representation shall be given to each of the political parties having the highest and next highest number of votes in the Commonwealth for Governor at the last preceding gubernatorial election. Three Board members shall be of the political party that cast the highest number of votes for Governor at that election. When the Governor was not elected as the candidate of a political party, representation shall be given to each of the political parties having the highest and next highest number of members of the General Assembly at the time of the appointment and three Board members shall be of the political party having the highest number of members in the General Assembly. Each political party entitled to an appointment may make and file recommendations with the Governor for the appointment. Its recommendations shall contain the names of at least three qualified voters of the Commonwealth. Appointments shall be made with due consideration of geographical representation, and no two Board members shall reside in the same congressional district.

   After the initial staggering of terms, Board members shall serve terms of four years, which shall begin on February 1 of the year of the appointment. Vacancies shall be filled for the unexpired terms. No member shall be eligible for more than two successive four-year terms. A member appointed for an unexpired term may be appointed for the two succeeding four-year terms.

   Each year the Governor shall designate one Board member to be the chair of the Board and one Board member to be the vice-chair. The chair and vice-chair shall be members of opposite political parties.

   No member of the Board shall be eligible to offer for or hold an office to be filled in whole or in part by qualified voters in the Commonwealth. If a member resigns to offer for or hold such office, the vacancy shall be filled as provided in this section.

   No member of the Board shall serve as the chairman of a state, local, or district level political party committee or as a paid or volunteer worker in the campaign of a candidate for nomination or election to an office filled by election in whole or in part by qualified voters in the Commonwealth.

2. The Governor shall appoint a Commissioner of Elections, subject to confirmation by the General Assembly, to head the Department of Elections and to act as its principal administrative officer. The Commissioner shall be appointed to a term of four years, which shall begin on July 1 of the year following a gubernatorial election. The Commissioner shall be a qualified voter of the Commonwealth.

   The Commissioner shall receive the salary fixed by law. He may employ the personnel required to carry out the duties required by law and imposed by the Board.

   The Commissioner shall not be eligible to offer for or hold an office to be filled in whole or in part by qualified voters in the Commonwealth. His candidacy for or election to such office shall vacate his position as Commissioner, and the Governor shall fill the vacancy for the unexpired term.

   The Governor shall not appoint as Commissioner (i) any person who is the spouse of a member of the Board or of a person seeking election to an office or holding an elective office that is filled in whole or in part by qualified voters in the Commonwealth; (ii) any person, or the spouse of any person, who is the grandparent, parent, sibling, child, or grandchild of a member of the Board; or (iii) any person, or the spouse of any person, who is the grandparent, parent, sibling, child, or grandchild of a person seeking election to an office or holding an elective office that is filled in whole or in part by qualified voters in the Commonwealth. The Commissioner shall submit his resignation to the Governor on the date that any such person files as a candidate for election to an office that is filled in whole or in part by qualified voters in the Commonwealth.

   The Commissioner shall not serve as the chairman of a state, local, or district level political party committee or as a paid or volunteer worker in the campaign of a candidate for nomination or election to an office filled by election in whole or in part by qualified voters in the Commonwealth.

   (Code 1950, §§ 24-24, 24-345.10; 1952, c. 509; 1956, c. 392; 1970, c. 462, § 24.1-18; 1973, c. 30; 1975, c. 515; 1977, c. 576; 1980, c. 728; 1984, c. 444; 1993, c. 641; 2007, c. 350; 2013, c. 542; 2020, cc. 353, 619.)

Editor's note. - Acts 2020, cc. 353 and 619, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2021.”

Acts 2020, cc. 353 and 619, cl. 3 provides: "That the two members added to the State Board of Elections pursuant to this act shall be appointed for terms of four years, to begin February 1, 2021, and to end on January 31, 2025. One member shall represent the political party of the Governor, and one member shall represent the political party that had the next highest number of votes in the Commonwealth at the last preceding gubernatorial election.”

The 2007 amendments. - The 2007 amendment by c. 350 added the fourth and fifth paragraphs.

The 2013 amendments. - The 2013 amendment by c. 542, effective July 1, 2014, deleted "except the Secretary" following "No member" in the second paragraph; in the third paragraph, substituted "appoint a Commissioner of Elections" for "designate one member of the Board as the Secretary," "Commissioner of Elections" for "Secretary," and "the State Board of Elections" for "this title. The provisions of § 2.2-106 shall not apply to this section."

The 2020 amendments. - The 2020 amendments by cc. 353 and 619 are identical, effective January 1, 2021, and added subsection B; and in subsection A, in the first paragraph, substituted "five” for "three" in the first sentence, "Three" for "Two" and "party that" for "party which" in the third sentence, and "three" for "two" in the fourth sentence, and added the last sentence; in the second paragraph, rewrote the first sentence, which read: "Board members shall serve four-year terms beginning February 1, 1995, and each fourth year thereafter”; rewrote the third paragraph, which read: "The Governor shall appoint a Commissioner of Elections, who shall receive the salary fixed by law. The Commissioner of Elections may employ the personnel required to carry out the duties imposed by the State Board of Elections"; and in the fifth paragraph, inserted "or volunteer."

Law review. - For annual survey article, "Election Law," see 44 U. Rich. L. Rev. 403 (2009).

§ 24.2-103. Powers and duties in general; report.

1. The State Board, through the Department of Elections, shall supervise and coordinate the work of the county and city electoral boards and of the registrars to obtain uniformity in their practices and proceedings and legality and purity in all elections. Its supervision shall ensure that major risks to election integrity are (i) identified and assessed and (ii) addressed as necessary to promote election uniformity, legality, and purity. It shall make rules and regulations and issue instructions and provide information consistent with the election laws to the electoral boards and registrars to promote the proper administration of election laws. Electoral boards and registrars shall provide information requested by the State Board and shall follow (a) the elections laws and (b) the rules and regulations of the State Board insofar as they do not conflict with Virginia or federal law. The State Board shall post on the Internet within three business days any rules or regulations made by the State Board. Upon request and at a reasonable charge not to exceed the actual cost incurred, the State Board shall provide to any requesting political party or candidate, within three days of the receipt of the request, copies of any instructions or information provided by the State Board to the local electoral boards and registrars.
2. The State Board, through the Department of Elections, shall ensure that the members of the electoral boards are properly trained to carry out their duties by offering training annually, or more often, as it deems appropriate, and without charging any fees to the electoral boards for the training.
3. The State Board, through the Department of Elections, shall conduct a certification program for the general registrars and shall require each general registrar to receive certification through such program from the Department within 12 months of his initial appointment or any subsequent reappointment. The State Board may grant a waiver requested by a local electoral board to extend, on a case-by-case basis, this deadline by up to three months. The State Board shall develop a training curriculum for the certification program and standards for completing the program and maintaining certification, including required hours of annual training. No fees shall be charged to a general registrar for any required training as part of the certification program. The State Board shall review the certification program every four years, or more often as it deems appropriate.
4. The State Board shall set the training standards for the officers of election and shall develop standardized training programs for the officers of election to be conducted by the local electoral boards and the general registrars. Training of the officers of election shall be conducted and certified as provided by § 24.2-115.2 . The State Board shall provide standardized training materials for such training and shall also offer on the Department of Elections website a training course for officers of election. The content of the online training course shall be consistent with the standardized training programs developed pursuant to this section. The State Board shall review the standardized training materials and the content of the online training course every two years in the year immediately following a general election for federal office.
5. The State Board may institute proceedings pursuant to § 24.2-234 for the removal of any member of an electoral board who fails to discharge the duties of his office in accordance with law. The State Board may petition the local electoral board to remove from office any general registrar who fails to discharge the duties of his office according to law. The State Board may institute proceedings pursuant to § 24.2-234 for the removal of a general registrar if the local electoral board refuses to remove the general registrar and the State Board finds that the failure to remove the general registrar has a material adverse effect upon the conduct of either the registrar's office or any election. Any action taken by the State Board pursuant to this subsection shall require a recorded majority vote of the Board.
6. The State Board may petition a circuit court or the Supreme Court, whichever is appropriate, for a writ of mandamus or prohibition, or other available legal relief, for the purpose of ensuring that elections are conducted as provided by law.
7. The Department of Elections shall supervise its own staff to assure that no member of its staff shall serve (i) as the chairman of a political party or other officer of a state-, local-, or district-level political party committee or (ii) as a paid or volunteer worker in the campaign of a candidate for nomination or election to an office filled by election in whole or in part by the qualified voters of the Commonwealth.
8. The Department of Elections shall employ a Director of Operations who shall be responsible for managing the day-to-day operations at the Department of Elections and ensuring (i) fulfillment of the Department's mission and responsibilities; (ii) compliance with state and federal election laws and regulations; and (iii) compliance with the Department's business, administrative, and financial policies. This position shall be a full-time classified position subject to the Virginia Personnel Act (§ 2.2-2900 et seq.).
9. The State Board shall adopt a seal for its use and bylaws for its own proceedings.
10. The State Board shall submit an annual report to the Governor and the General Assembly on the activities of the State Board and the Department of Elections in the previous year. Such report shall be governed by the provisions of § 2.2-608 . (Code 1950, §§ 24-24, 24-25, 24-345.10, 24-345.11; 1952, c. 509; 1956, c. 392; 1970, c. 462, §§ 24.1-18, 24.1-19; 1973, c. 30; 1975, c. 515; 1977, c. 576; 1980, c. 728; 1984, c. 444; 1993, c. 641; 1999, c. 861; 2004, cc. 27, 391; 2006, c. 760; 2009, c. 407; 2010, cc. 347, 769; 2013, cc. 525, 542; 2016, cc. 752, 766; 2020, cc. 291, 353, 619, 1087, 1148.)

Editor's note. - Acts 2020, cc. 353 and 619, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2021."

Acts 2020, c. 1148, cl. 2 provides: "That any general registrar serving a term that began prior to the effective date of this act shall be required to complete the certification program and receive his certification no later than June 30, 2021."

The 2013 amendments. - The 2013 amendment by c. 525 added subsection G.

The 2013 amendment by c. 542, effective July 1, 2014, inserted "State" preceding "Board" throughout the section; inserted "through the Department of Elections" near the beginning of subsections A and B; and substituted "Department of Elections" for "Board" near the beginning of subsection E.

The 2016 amendments. - The 2016 amendments by cc. 752 and 766 are identical, and rewrote subsection B, which formerly read, "The State Board, through the Department of Elections, shall ensure that the members of the electoral boards and general registrars are properly trained to carry out their duties by offering training annually, or more often, as it deems appropriate, and without charging any fees to the electoral boards and general registrars for the training. The State Board shall set the training standards for the officers of election to be fulfilled by the local electoral boards and general registrars. The State Board shall require certification that officers of election have been trained consistent with the training standards set by the Board. Such certification shall be submitted each year prior to the November general election by the local electoral board."

The 2020 amendments. - The 2020 amendment by c. 291 inserted the second sentence in subsection A and made stylistic changes.

The 2020 amendments by cc. 353 and 619 are identical, effective January 1, 2021, and rewrote subsection J, which read "A telephone call between two members of the Board preparing for a meeting shall not constitute a meeting under the provisions of the Virginia Freedom of Information Act ( § 2.2-3700 et seq.), provided that no discussion or deliberation takes place that would otherwise constitute a meeting."

The 2020 amendment by c. 1087 inserted subsection H and redesignated the remaining subsections accordingly.

The 2020 amendment by c. 1148 deleted "and general registrars" following "electoral boards" twice in subsection B; inserted subsection C and redesignated the remaining subsections accordingly.

Law review. - For annual survey article, "Election Law," see 44 U. Rich. L. Rev. 403 (2009).

For annual survey article, "Election Law and Government," see 46 U. Rich. L. Rev. 119 (2011).

§ 24.2-103.1. Duties of Department of Elections related to redistricting.

1. Upon receipt of any ordinance and Geographic Information System (GIS) map sent pursuant to § 24.2-304.3 or 24.2-306 , the Department shall promptly review the ordinance and map and compare the boundaries contained within with the information in the voter registration system in order to ensure voters have been assigned to the correct districts. The Department shall notify the locality of any corrections that may be necessary.
2. The Department shall maintain and make available on its official website maps showing the current election district and precinct boundaries of each county and city.

   (2019, cc. 777, 778.)

§ 24.2-103.2. Duties of the Department of Elections related to accessible absentee voting.

The Department shall make available to all localities a tool to allow a voter with a visual impairment or print disability to electronically and accessibly receive and mark his absentee ballot using screen reader assistive technology. The Department shall develop instructions regarding the use and availability of such tool, including instructions on making the tool available to voters and counting ballots voted with such tool.

(2021, Sp. Sess. I, cc. 255, 471, 522.)

Editor's note. - Acts 2021, Sp. Sess. I, c. 522, cl. 2 provides: "That the Department of Elections shall convene a work group to consider and evaluate methods for sorting absentee ballots by the precinct of the voter casting the absentee ballot and reporting vote totals from absentee ballots separately by each precinct. The work group shall include such persons determined by the Department of Elections as necessary or appropriate. The work group shall organize no later than July 31, 2021, and shall complete its work no later than October 31, 2021. If recommending any specific policies or legislative proposals, the work group, through the Commissioner of Elections, shall communicate such recommendations to the Chairmen of the House and Senate Committees on Privileges and Elections by November 15, 2021."

Effective date. - This section is effective July 1, 2021, pursuant to Va. Const., Art. IV, § 13.

§ 24.2-104. Requesting assistance for attorney for the Commonwealth; investigative committees.

1. The Attorney General shall have full authority to do whatever is necessary or appropriate to enforce the election laws or prosecute violations thereof. The Attorney General shall exercise the authority granted by this section to conduct an investigation, prosecute a violation, assure the enforcement of the elections laws, and report the results of the investigation to the State Board.
2. When the State Board is of the opinion that the public interest will be served, it may request the Attorney General, or other attorney designated by the Governor for such purpose, to assist the attorney for the Commonwealth of any jurisdiction in which election laws have been violated. When the State Board makes its request pursuant to a unanimous vote of all members, the Attorney General, or other attorney designated by the Governor, shall exercise the authority granted by this section to conduct an investigation, prosecute a violation, assure the enforcement of the election laws, and report the results of the investigation to the State Board. The Attorney General, or the other attorney designated by the Governor, shall have full authority to do whatever is necessary or appropriate to enforce the election laws or prosecute violations thereof.
3. The attorney for the Commonwealth or a member of the electoral board of any county or city may make a request, in writing, that the Attorney General appoint a committee to make an immediate investigation of the election practices in that city or county, accompanied by a statement under oath that substantial violations of this title have allegedly occurred which may alter or have altered the outcome of an election. On receipt of the request and statement, the Attorney General shall forthwith appoint a committee of two or more persons qualified to make the investigation. Members, officers, and employees of the Board, local electoral boards, and registrars' offices shall not serve on the committee but may provide assistance to the committee.

   The Attorney General shall direct the committee to observe, investigate or supervise the election if supervision appears necessary. The committee shall make a preliminary report to the Attorney General within five days of its appointment. If its report shows that violations of this title have occurred, the Attorney General may, notwithstanding any other provision of law, authorize the prosecution of those responsible for the violations.

   (Code 1950, § 24-27; 1970, c. 462, § 24.1-21; 1989, c. 111; 1993, c. 641; 2002, cc. 785, 819; 2013, c. 768.)

Cross references. - As to the Attorney General's limited authority to institute and conduct criminal prosecutions in the circuit courts of the Commonwealth, see § 2.2-511 .

The 2002 amendments. - The 2002 amendments by cc. 785 and 819 are identical, and added the last sentence of the first paragraph.

The 2013 amendments. - The 2013 amendment by c. 768 added the subsection A designator to the first paragraph and rewrote the provisions thereof, added subsection B, and designated the former last two paragraphs of the section as subsection C.

OPINIONS OF THE ATTORNEY GENERAL

No conflict when the Attorney General is a candidate for public office. - There is no inherent conflict of interest presented, and, thus, no per se requirement that the Office of the Attorney General recuse from investigating and prosecuting alleged violations of election law, when the Attorney General is a candidate for public office in the same election that is under investigation. Any potential recusal of that office must be determined on a case-by-case basis. See opinion of Attorney General to the Honorable John S. Edwards, Member, Senate of Virginia, 13-065, 2013 Va. AG LEXIS 90 (10/18/13).

§ 24.2-104.1. Civil actions by Attorney General.

1. Whenever the Attorney General has reasonable cause to believe that a violation of an election law has occurred and that the rights of any voter or group of voters have been affected by such violation, the Attorney General may commence a civil action in the appropriate circuit court for appropriate relief.
2. In such civil action, the court may:
   1. Award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this title, as is necessary to assure the full enjoyment of the rights granted by this title.
   2. Assess a civil penalty against the respondent (i) in an amount not exceeding $50,000 for a first violation and (ii) in an amount not exceeding $100,000 for any subsequent violation. Such civil penalties are payable to the Voter Education and Outreach Fund established pursuant to § 24.2-131 .
   3. Award a prevailing plaintiff reasonable attorney fees and costs.
3. The court or jury may award such other relief to the aggrieved person as the court deems appropriate, including compensatory damages and punitive damages.

   (2021, Sp. Sess. I, cc. 528, 533.)

Editor's note. - Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

Effective date. - This section is effective July 1, 2021, pursuant to Va. Const., Art. IV, § 13.

§ 24.2-105. Prescribing various forms.

1. The State Board shall prescribe appropriate forms and records for the registration of voters, conduct of elections, and implementation of this title, which shall be used throughout the Commonwealth.
2. The State Board shall prescribe voting and election materials in languages other than English for use by a county, city, or town that is subject to the requirements of § 24.2-128 . For purposes of this subsection, voting and election materials mean registration or voting notices, forms, and instructions. For purposes of this subsection, registration notices mean any notice of voter registration approval, denial, or cancellation, required by the provisions of Chapter 4 (§ 24.2-400 et seq.). The State Board may make available voting and election materials in any additional languages other than those required by subsection A of § 24.2-128 as it deems necessary and appropriate. The State Board may accept voting and election materials translated by volunteers but shall verify the accuracy of such translations prior to making the translated materials available to a county, city, or town, or any voter. (Code 1950, § 24-28; 1968, c. 97; 1970, c. 462, § 24.1-22; 1971, Ex. Sess., c. 247; 1975, c. 515; 1977, c. 490; 1993, c. 641; 2020, c. 719; 2021, Sp. Sess. I, cc. 528, 533.)

Editor's note. - Acts 2020, c. 719, cl. 2 provides: "That the provisions of this act shall become effective on September 1, 2021."

Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

The 2020 amendments. - The 2020 amendment by c. 719, effective September 1, 2021, added subsection B and redesignated the preceding paragraph as subsection A.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, cc. 528 and 533, effective July 1, 2021, are identical, and in the version of the section effective September 1, 2021, substituted " § 24.2-128 " for " § 24.2-124 " twice in subsection B.

§ 24.2-105.1. Election and voter participation information on the Internet.

Beginning with the general election in November 1998, the State Board shall implement a system by which it shall furnish lists of candidates for all elections in the Commonwealth, and information on proposed constitutional amendments and statewide referenda prepared pursuant to §§ 30-19.9 and 30-19.10, electronically through the Internet. The Board may list other referenda issues on the Internet. The lists and information shall be made available on the Internet as far in advance of the election as practicable and remain available on the Internet at least until the day after the election.

The State Board shall provide election results and statistical information on its website. The information shall include voter turnout information which shall be calculated as the percentage of active voters who voted excluding voters assigned to inactive status pursuant to Chapter 4 (§ 24.2-400 et seq.). The information shall also include the total number of registered voters and the number assigned to inactive status.

(1998, c. 478; 2006, c. 474; 2007, c. 340.)

The 2006 amendments. - The 2006 amendment by c. 474 deleted "the global information system known as" preceding "the Internet" near the end of the first sentence.

The 2007 amendments. - The 2007 amendment by c. 340 added the second paragraph.

Law review. - For an article, "Technology and the Law," see 32 U. Rich. L. Rev. 1383 (1998).

§ 24.2-105.2. Acceptance of payments.

Any credit or debit card used to pay for any voter list must be in the name of a person or organization authorized to receive such list pursuant to § 24.2-405 .

(2000, cc. 510, 554; 2002, c. 719.)

The 2002 amendments. - The 2002 amendment by c. 719 deleted "by credit card or debit card" from the end of the section catchline; and deleted the former first sentence, which read: "The Secretary of the State Board may accept payment of charges due for voter lists, copies, fines or fees, by use of credit card or debit card."

§ 24.2-106. Appointment and terms; vacancies; chairman and secretary; certain prohibitions; training.

1. There shall be in each county and city an electoral board composed of three members who shall be qualified voters of such county or city. The members shall be appointed by the chief judge of the judicial circuit for the county or city or that judge's designee. Such designee shall be any other judge who sits in the judicial circuit. Any vacancy occurring on a board shall be filled by the same authority for the unexpired term.

   In the event of the temporary absence, or disability that precludes the performance of duties, of one or more members that prevents attaining a quorum, the chief judge or his designee, for good cause, may appoint, on a meeting-to-meeting basis, a temporary member to the electoral board. The temporary appointee must be eligible for appointment and to the extent practicable maintain representation of political parties under this section.

   The clerk of the circuit court shall send to the State Board a copy of each order making an appointment to an electoral board.

   In the appointment of the electoral board, representation shall be given to each of the two political parties having the highest and next highest number of votes in the Commonwealth for Governor at the last preceding gubernatorial election. Two electoral board members shall be of the political party that cast the highest number of votes for Governor at that election. When the Governor was not elected as the candidate of a political party, representation shall be given to each of the political parties having the highest and next highest number of members of the General Assembly at the time of the appointment and two board members shall be of the political party having the highest number of members in the General Assembly.

   The political party entitled to the appointment shall make and file recommendations with the judges for the appointment not later than December 15 of the year of an expiration of a term or, in the case of an appointment to fill a vacancy, within 30 days of the date of death or notice of resignation of the member being replaced. Its recommendations shall contain the names of at least three qualified voters of the county or city for each appointment. The chief judge, or his designee, shall promptly make such appointment from the recommendations (i) after receipt of the political party's recommendation or (ii) after December 15 for a full term or after the 30-day period expires for a vacancy appointment, whichever of the events described in clause (i) or (ii) first occurs.

   The chief judge of the judicial circuit for the county or city, or his designee, shall not appoint to the electoral board (a) any person who is the spouse of an electoral board member or the general registrar for the county or city; (b) any person, or the spouse of any person, who is the parent, grandparent, sibling, child, or grandchild of an electoral board member or the general registrar of the county or city; or (c) any person who is ineligible to serve under the provisions of this section.

   Electoral board members shall serve three-year terms and be appointed to staggered terms, one term to expire at midnight on the last day of December each year, unless the results of an election have not been certified by the board or a recount of an election has not concluded, in which case the term shall expire at midnight on the day the results are certified or the recount is concluded. No three-year term shall be shortened to comply with the political party representation requirements of this section.

2. The board shall elect one of its members as chairman and another as secretary. The chairman and the secretary shall represent different political parties, unless the representative of the second-ranked political party declines in writing to accept the unfilled office. At any time that the secretary is incapacitated in such a way that makes it impossible for the secretary to carry out the duties of the position, the board may designate one of its other members as acting secretary. Any such designation shall be made in an open meeting and recorded in the minutes of the board.

   The secretary of the electoral board shall immediately notify the State Board of any change in the membership or officers of the electoral board and shall keep the Board informed of the name, residence and mailing addresses, and home and business telephone numbers of each electoral board member.

3. No member of an electoral board shall be eligible to offer for or hold an office to be filled in whole or in part by qualified voters of his jurisdiction. If a member resigns to offer for or hold such office, the vacancy shall be filled as provided in this section.

   No member of an electoral board shall be the spouse, grandparent, parent, sibling, child, or grandchild, or the spouse of a grandparent, parent, sibling, child, or grandchild, of a candidate for or holder of an elective office filled in whole or in part by any voters within the jurisdiction of the electoral board.

   No member of an electoral board shall serve as the chairman of a state, local or district level political party committee or as a paid worker in the campaign of a candidate for nomination or election to an office filled by election in whole or in part by the qualified voters of the jurisdiction of the electoral board.

   If an electoral board member ceases to be a qualified voter of the county or city for which he was appointed, his office shall be deemed vacant and the vacancy shall be filled as provided in this section.

4. Each member of the electoral board shall attend an annual training program provided by the State Board during the first year of his appointment and the first year of any subsequent reappointment.

   (Code 1950, §§ 24-29, 24-32, 24-33, 24-42; 1970, c. 462, § 24.1-29; 1971, Ex. Sess., c. 204; 1973, c. 30; 1975, c. 515; 1978, c. 778; 1980, c. 639; 1984, c. 480; 1986, c. 558, § 24.1-33.1; 1993, cc. 480, 641; 1995, cc. 835, 848; 2003, c. 1015; 2005, c. 380; 2011, c. 764; 2013, c. 409; 2016, c. 13; 2017, c. 807; 2020, cc. 287, 295, 370.)

Editor's note. - Acts 1993, c. 480, amended former § 24.1-29, from which this section is derived. Pursuant to § 30-152 and Acts 1993, c. 641, cl. 6, effect has been given in this section, as set out above. In accordance with c. 480, the amendment, in the second paragraph, in the fourth sentence, substituted "shall make" for "may make" and added the language beginning "not later than," added "for each appointment" in the next-to-last sentence, and added the last sentence.

Acts 2020, c. 287, cl. 2 provides: "That the terms of persons serving as members of local electoral boards prior to the effective date of this act shall expire as follows: (i) a term set to expire on February 28, 2021, shall expire on December 31, 2020; (ii) a term set to expire on February 28, 2022, shall expire on December 31, 2021; and (iii) a term set to expire on February 28, 2023, shall expire on December 31, 2022."

The 2003 amendments. - The 2003 amendment by c. 1015, in the second paragraph, twice substituted "30" for "thirty," and substituted "that cast" for "which cast" in the second sentence; and added the last two sentences to the fifth paragraph.

The 2005 amendments. - The 2005 amendment by c. 380 added the last paragraph.

The 2011 amendments. - The 2011 amendment by c. 764, effective January 1, 2012, inserted clause (iii) and made a related change in the third paragraph, and added the eighth paragraph.

The 2013 amendments. - The 2013 amendment by c. 409 added the fourth and fifth sentences in the first paragraph.

The 2016 amendments. - The 2016 amendment by c. 13, in the last paragraph, substituted "Each" for "At least one" and added "during the first year of his appointment and the first year of any subsequent reappointment" at the end.

The 2017 amendments. - The 2017 amendment by c. 807 added the subsection designations; in subsection A, in the first paragraph, rewrote the first sentence, which formerly read: "There shall be in each county and city an electoral board composed of three members who shall be appointed by a majority of the circuit judges of the judicial circuit for the county or city," deleted the former second sentence, which read: "If a majority of the judges cannot agree, the senior judge shall make the appointment," substituted "chief judge or his designee" for "senior chief judge" in the next-to-last sentence, in the last sentence of the second paragraph, substituted "chief judge, or his designee" for "judges" and inserted "from the recommendations," and in the third paragraph, substituted "chief judge" for "circuit judges," inserted "or his designee" and redesignated clauses (i) through (iii) as clauses (a) through (c); and made minor stylistic changes.

The 2020 amendments. - The 2020 amendment by c. 287, in subsection A, in the first sentence of the fifth paragraph, substituted "December 15 of the year of an expiration of a term" for "January 15 of the year of an appointment to a full term" and in the last sentence of the paragraph, substituted "December 15" for "January 15"; and rewrote the first sentence of the last paragraph of subsection A, which formerly read "Electoral board members shall serve three-year terms and be appointed to staggered terms, one term to expire at midnight on the last day of February each year."

The 2020 amendments by cc. 295 and 370 are identical, and in subsection A, inserted "shall be qualified voters of such county or city. The members" in the first two sentences in the first paragraph; and in subsection C, added the last paragraph.

Law review. - For annual survey article, "Election Law and Government," see 46 U. Rich. L. Rev. 119 (2011).

§ 24.2-106.01. Description of duties and responsibilities; required affirmation.

1. The State Board, with the cooperation of the local electoral boards and general registrars, shall develop a description of the duties and responsibilities of the local electoral boards and update such description as needed. Such description shall include the statutory and regulatory duties and responsibilities of the electoral boards, prohibited activities of the electoral boards and members of electoral boards, and the qualifications and disqualifications of members of electoral boards.
2. The Department shall provide to the clerks of the circuit courts, the chairmen of the state and district political party committees, the general registrars, and the local electoral boards the description developed pursuant to subsection A. Such description shall be provided no later than the first day of December each year.
3. Each person nominated for appointment to a local electoral board shall certify that he has read the description developed pursuant to this section and affirm prior to his appointment pursuant to § 24.2-106 that he will faithfully discharge all duties and responsibilities set forth in that description. (2017, c. 271.)

§ 24.2-106.1. Prohibiting the solicitation in public buildings of signatures for nominating petitions by electoral board members and employees.

No member of an electoral board or their office staff shall solicit or assist in the solicitation of signatures for nominating petitions for candidates for public office in any public building owned or leased by the county or city served by the electoral board.

(2003, c. 271.)

OPINIONS OF THE ATTORNEY GENERAL

Prohibited political activities of local electoral board member. - This section prohibits local electoral board members from being paid or from volunteering to solicit "signatures for nominating petitions for candidates for public office in any public building owned or leased by the county or city served by the electoral board." See opinion of Attorney General to Mr. William B. Harvey, Secretary, Albemarle County Electoral Board, 03-068 (10/17/03).

§ 24.2-107. Meetings; quorum; notice; account of proceedings; seal; records open to inspection.

The electoral board of each city and county shall meet during the first week in February of the year in which it is to appoint officers of election pursuant to § 24.2-115 and during the month of March each year at the time set by the board and at any other time on the call of any board member. Two members shall constitute a quorum. Notice of each meeting shall be given to all board members either by the secretary or the member calling the meeting at least three business days prior to the meeting except in the case of an emergency as defined in § 2.2-3701 . Notice shall be given to the public as required by § 2.2-3707 . All meetings shall be conducted in accordance with the requirements of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) unless otherwise provided by this section. Notwithstanding the public notice requirements of § 2.2-3707 , two or more members of an electoral board may meet on election day to discuss a matter concerning that day's election, where such matter requires resolution on that day, and an effort has been made by all available means to give notice of the meeting to all board members. The presence of two or more board members while the ballots, election materials, or voting equipment are being prepared, current or potential polling places are being inspected, or election officials are being trained, or a telephone call between two board members preparing for a meeting, shall not constitute a meeting provided that no discussion or deliberation takes place that would otherwise constitute a meeting.

The secretary shall keep an accurate account of all board proceedings in a minute book, including all appointments and removals of general registrars and officers of election. The secretary shall keep in his custody the duly adopted seal of the board.

Minutes of meetings that are required to be recorded pursuant to § 2.2-3707 shall be posted on the website of the electoral board or the official website for the county or city, when such means are available. Minutes of meetings shall be posted as soon as possible but no later than one week prior to the following meeting of the electoral board.

Books, papers, and records of the board shall be open to public inspection and copying whenever the general registrar's office is open for business either at the office of the board or the office of the general registrar. The general registrar shall determine a reasonable charge, not to exceed the fee authorized pursuant to subdivision A 8 of § 17.1-275 , to be paid for copies made from the books, papers, and records of the board.

No election record containing an individual's social security number, or any part thereof, shall be made available for inspection or copying by anyone. The State Board of Elections shall prescribe procedures for local electoral boards and general registrars to make the information in certificates of candidate qualification available in a manner that does not reveal social security numbers or any parts thereof.

(Code 1950, §§ 24-34, 24-43; 1970, c. 462, § 24.1-30; 1978, c. 778; 1979, c. 27; 1982, c. 290; 1993, c. 641; 1994, c. 656; 2003, c. 1015; 2007, cc. 311, 318; 2013, cc. 461, 525; 2014, c. 395; 2016, c. 403.)

The 2003 amendments. - The 2003 amendment by c. 1015, rewrote the first paragraph, which formerly read: "The electoral board of each city and county shall meet during the first week in February and during the month of March each year at the time set by the board and at any other time on the call of any board member. Two members shall constitute a quorum. Notice of each meeting shall be given to all board members either by the secretary or the member calling the meeting at least one day prior to the meeting. Notice may be waived only by agreement of all board members."

The 2007 amendments. - The 2007 amendment by c. 311 inserted "public" preceding "inspection" and deleted "by any registered voter" following "inspection" in the third paragraph.

The 2007 amendment by c. 318 inserted "or any part thereof" near the beginning of the fourth paragraph and "or any parts therof" at the end.

The 2013 amendments. - The 2013 amendment by c. 461 inserted "of the year in which it is to appoint officers of election pursuant to § 24.2-115 " in the first sentence of the first paragraph.

The 2013 amendment by c. 525 inserted "or a telephone call between two board members preparing for a meeting" in the last sentence in the first paragraph.

The 2014 amendments. - The 2014 amendment by c. 395 in the third paragraph inserted "and copying," and added the last sentence.

The 2016 amendments. - The 2016 amendment by c. 403 added the third paragraph.

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, § 13.

OPINIONS OF THE ATTORNEY GENERAL

Board meeting minutes. - This section requires local electoral boards to post on an official website whatever kinds of minutes they keep, including both draft and final minutes. See opinion of Attorney General to Mr. James M. Heilman, Secretary, Albemarle County Electoral Board, 16-046, 2016 Va. AG LEXIS 26 (11/3/16).

§ 24.2-108. Compensation and expenses of members.

The General Assembly shall establish a compensation and expense plan in the general appropriation act for the secretaries and members of the electoral boards. The governing body for the county or city of each electoral board shall pay compensation, expenses, and mileage in accordance with the plan and be reimbursed annually as authorized by the act. The reasonable costs of electoral board members attending annual training programs provided by the State Board shall be included in the expense plan for electoral boards.

Each electoral board member shall submit a written claim for mileage and expenses authorized by the plan. The claim, when filed and found to be correct, shall be paid by the county or city. The county or city shall pay claims for mileage at the rate payable to members of the General Assembly.

The governing body of any county or city may pay to the secretary of the electoral board any additional allowance for expenses it deems appropriate and may pay to a full-time secretary any additional compensation it deems appropriate.

Each county and city shall furnish necessary postage and office supplies for the electoral board.

(Code 1950, §§ 24-37, 24-38, 24-40, 24-41; 1952, c. 540; 1956, c. 658; 1958, c. 42; 1964, c. 515; 1966, c. 714; 1970, c. 462, § 24.1-31; 1972, c. 620; 1974, c. 428; 1978, c. 778; 1981, c. 425; 1982, c. 650; 1993, c. 641; 2005, c. 380.)

Editor's note. - Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 87 B 3, effective for the biennium ending June 30, 2022, provides: "Notwithstanding § 24.2-108 , Code of Virginia, counties and cities shall not be reimbursed for mileage paid to members of electoral boards."

The 2005 amendments. - The 2005 amendment by c. 380 added the last sentence in the first paragraph.

OPINIONS OF THE ATTORNEY GENERAL

Governor may direct the State Board of Elections to reduce reimbursements to localities. - The Governor has the power to direct the State Board of Elections to reduce the amounts it reimburses localities for the salaries of electoral board members and general registrars in order to achieve legislatively mandated budget savings. See opinion of Attorney General to The Honorable Harry J. Parrish, Member, House of Delegates, 02-050 (6/21/02).

§ 24.2-109. Appointment and removal of general registrar and officers of election; powers and duties in general.

1. Each electoral board shall appoint the general registrar for its city or county and officers of election for each precinct who shall serve in all elections, including town elections, as provided in this chapter. The secretary of the electoral board shall promptly notify each appointee of his appointment. The electoral board by a recorded majority vote may remove from office, on notice, any general registrar or officer of election who fails to discharge the duties of his office according to law. The electoral board shall remove from office, on notice, any general registrar who fails to receive or maintain certification as required by the State Board pursuant to subsection C of § 24.2-103 .
2. The electoral board shall perform the duties assigned by this title including, but not limited to, the preparation of ballots, the administration of absentee ballot provisions, the conduct of the election, and the ascertaining of the results of the election.

   (Code 1950, §§ 24-30, 24-35, 24-36, 24-52, 24-52.1, 24-55, 24-61, 24-65, 24-66, 24-118.1, 24-199; 1954, c. 691; 1962, c. 475; 1964, c. 608; 1968, cc. 97, 141; 1970, c. 462, §§ 24.1-32, 24.1-34, 24.1-43; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1976, c. 12; 1978, c. 778; 1980, c. 639; 1981, c. 425; 1982, cc. 290, 650; 1983, c. 511; 1984, c. 480; 1985, c. 197; 1986, c. 558; 1988, c. 528; 1989, c. 227; 1993, c. 641; 2004, cc. 27, 391; 2020, c. 1148.)

Cross references. - For constitutional provisions as to electoral boards, see Va. Const., Art. II, § 8.

Editor's note. - Acts 2004, cc. 27 and 391, cl. 2 provides: "That the terms of office of general registrars serving on the effective date of this act shall be extended to midnight June 30, 2007."

Acts 2020, c. 1148, cl. 2 provides: "That any general registrar serving a term that began prior to the effective date of this act shall be required to complete the certification program and receive his certification no later than June 30, 2021."

The 2004 amendments. - The 2004 amendments by cc. 27 and 391 are identical, and inserted "by a recorded majority vote" near the beginning of the second paragraph in subsection A.

The 2020 amendments. - The 2020 amendment by c. 1148 added the third paragraph in subsection A.

§ 24.2-109.1. Performance review of general registrars.

The electoral board shall conduct an annual performance review of the general registrar for years ending June 30, 2006, and thereafter. The electoral board shall complete the review by August 1 of each year, retain a copy of the performance review, and provide a summary of the review to the State Board. The performance review shall be conducted in accordance with the format and forms provided by the State Board.

(2004, cc. 27, 391; 2006, c. 235.)

Editor's note. - Acts 2004, cc. 27 and 391, cl. 2 provides: "That the terms of office of general registrars serving on the effective date of this act shall be extended to midnight June 30, 2007."

Acts 2004, cc. 27 and 391, cl. 3 provides: "That the annual performance review of general registrars provided for in § 24.2-109.1 shall be based on the format and forms developed by the State Board of Elections in consultation with representatives of the Virginia Electoral Board Association and the Voter Registrars Association of Virginia and shall be made available to local electoral boards by July 1, 2005."

The 2006 amendments. - The 2006 amendment by c. 235, in the second sentence, substituted "summary" for "copy."

§ 24.2-110. Appointment, qualifications, and term of general registrar; vacancies; certain prohibitions.

Each electoral board shall meet in the month of May or June in 2007, and every four years thereafter, and shall appoint a general registrar, who shall be a qualified voter of the county or city for which he is appointed unless such county or city has a population of 50,000 or less. In the case of a city that is wholly contained within one county, the city electoral board may appoint a qualified voter of that county to serve as city general registrar. General registrars shall serve four-year terms beginning July 1, 2007, and each fourth year thereafter, and continue in office until a successor is appointed and qualifies.

The electoral board shall fill any vacancy in the office of general registrar for the unexpired term. The electoral board shall declare vacant and fill the office of the general registrar if the appointee fails to qualify and deliver a copy of his oath to the secretary of the electoral board within 30 days after he has been notified of his appointment.

No general registrar shall hold any other office, by election or appointment, while serving as general registrar; however, with the consent of the electoral board, he may undertake other duties which do not conflict with his duties as general registrar. General registrars shall not serve as officers of election. The election or appointment of a general registrar to any other office shall vacate the office of the general registrar.

No general registrar shall be eligible to offer for or hold an office to be filled by election in whole or in part by the qualified voters of his jurisdiction at any election held during the time he serves as general registrar or for the six months thereafter.

The electoral board shall not appoint to the office of general registrar any person who is the spouse of an electoral board member or any person, or the spouse of any person, who is the parent, grandparent, sibling, child, or grandchild of an electoral board member.

No general registrar shall serve as the chairman of a political party or other officer of a state, local or district level political party committee. No general registrar shall serve as a paid or volunteer worker in the campaign of a candidate for nomination or election to an office filled by election in whole or in part by the qualified voters of his jurisdiction. The restrictions of this paragraph shall apply to paid assistant registrars but shall not apply to unpaid assistant registrars.

(Code 1950, §§ 24-30, 24-35, 24-36, 24-52, 24-52.1, 24-53, 24-55, 24-61, 24-65, 24-66, 24-118.1, 24-199; 1954, c. 691; 1958, c. 576; 1962, c. 475; 1964, c. 608; 1968, cc. 97, 141; 1970, c. 462, §§ 24.1-32, 24.1-34, 24.1-43, 24.1-44; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1976, c. 12; 1978, c. 778; 1980, c. 639; 1981, c. 425; 1982, cc. 290, 650; 1983, c. 511; 1984, c. 480; 1985, c. 197; 1986, c. 558, § 24.1-33.2; 1988, c. 528; 1989, c. 227; 1993, c. 641; 1995, cc. 835, 848; 1996, c. 308; 2004, cc. 27, 391; 2009, c. 403; 2018, cc. 692, 693; 2021, Sp. Sess. I, c. 482.)

Cross references. - As to United States Census population figures for counties and cities of the Commonwealth of Virginia, see the Appendix to Title 15.2.

Editor's note. - Acts 2004, cc. 27 and 391, cl. 2 provides: "That the terms of office of general registrars serving on the effective date of this act shall be extended to midnight June 30, 2007."

The 2004 amendments. - The 2004 amendments by cc. 27 and 391 are identical, and in the first paragraph, substituted "month of May or June in 2007" for "first week in March 1995" in the first sentence and substituted "July 1, 2007" for "April 1, 1995" in the last sentence; and substituted "30" for "thirty" in the last sentence of the second paragraph.

The 2009 amendments. - The 2009 amendment by c. 403 inserted the next-to-last sentence in the first paragraph.

The 2018 amendments. - The 2018 amendments by cc. 692 and 693 are identical, and in the first paragraph, added "unless such county or city has a population of 25,000 or less" at the end of the first sentence, deleted "However" at the beginning of the second sentence.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 482, effective July 1, 2021, in the first paragraph, rewrote the current first sentence from the former first two sentences, which read: "Each electoral board shall meet in the month of May or June in 2007, and every four years thereafter, and shall appoint a general registrar, who shall be a qualified voter of the county or city for which he is appointed unless such county or city has a population of county or city for which he is appointed unless such county or city has a population of 25,000 or less. In the case of a city that is wholly contained within one county, the city electoral board may appoint a qualified voter of that county to serve as city general registrar or less."

§ 24.2-111. Compensation and expenses of general registrars.

The General Assembly shall establish a compensation plan in the general appropriation act for the general registrars. The governing body for the county or city of each general registrar shall pay compensation in accordance with the plan and be reimbursed annually as authorized in the act. The governing body shall be required to provide benefits to the general and assistant registrars and staff as provided to other employees of the locality, and shall be authorized to supplement the salary of the general registrar to the extent provided in the act.

Each locality shall pay the reasonable expenses of the general registrar, including reimbursement for mileage at the rate payable to members of the General Assembly. In case of a dispute, the State Board shall approve or disapprove the reimbursement. Reasonable expenses include, but are not limited to, costs for (i) an adequately trained registrar's staff, including training in the use of computers and other technology to the extent provided to other local employees with similar job responsibilities, and reasonable costs for the general registrar to receive and maintain certification as required by the State Board pursuant to subsection C of § 24.2-103 ; (ii) adequate training for officers of election; (iii) conducting elections as required by this title; and (iv) voter education.

(Code 1950, §§ 24-52, 24-52.1, 24-55, 24-61, 24-65, 24-66, 24-118.1; 1954, c. 691; 1962, c. 475; 1964, c. 608; 1968, cc. 97, 141; 1970, c. 462, § 24.1-43; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1976, c. 12; 1978, c. 778; 1981, c. 425; 1982, c. 290; 1983, c. 511; 1984, c. 480; 1985, c. 197; 1986, c. 558; 1988, c. 528; 1993, c. 641; 2003, c. 1015; 2016, c. 13; 2020, c. 1148.)

Editor's note. - Acts 2020, c. 1148, cl. 2 provides: "That any general registrar serving a term that began prior to the effective date of this act shall be required to complete the certification program and receive his certification no later than June 30, 2021."

The 2003 amendments. - The 2003 amendment by c. 1015, inserted "required to provide benefits to the general and assistant registrars and staff as provided to other employees of the locality, and shall be" in the first paragraph, and inserted the last sentence in the last paragraph.

The 2016 amendments. - The 2016 amendment by c. 13 deleted "or at least one member of the registrar's staff" following "reasonable costs for the general registrar" in clause (i) of the second paragraph.

The 2020 amendments. - The 2020 amendment by c. 1148 substituted "registrar to receive and maintain certification as required by the State Board pursuant to subsection C of § 24.2-103 " for "registrar to attend the annual training offered by the State Board" in clause (i) of the second paragraph; and made a stylistic change.

OPINIONS OF THE ATTORNEY GENERAL

General registrars as "employees.” - General registrars are "deemed to be employees of the county or city” as used in § 24.2-122 , meaning that a general registrar is bound by the locality's policies and practices, but only to the extent such policies and practices do not interfere with the orderly function of the registrar's duties as set by Title 24.2 and the rules and regulations of the Virginia State Board of Elections. See opinion of Attorney General to Mr. Charles W. Haney, Chairman, Ms. Mary G. Turner, Secretary, 19-053, 2020 Va. AG LEXIS 27 (2/28/20).

General registrars salary and benefits. - The phrase "shall be required to provide benefits to the general and assistant registrars and staff as provided to other employees of the locality” as used in § 24.2-111 means that although their salaries are determined by compensation plan enacted by the Electoral Board, the locality may provide a general registrar with the same annual raise given to other employees of the locality, but it is not required to do so; unlike salary, however, leave is a "benefit” of employment and as such a locality is required to provide leave retention benefits to a general registrar. See opinion of Attorney General to Mr. Charles W. Haney, Chairman, Ms. Mary G. Turner, Secretary, 19-053, 2020 Va. AG LEXIS 27 (2/28/20).

Governor may direct the State Board of Elections to reduce reimbursements to localities. - The Governor has the power to direct the State Board of Elections to reduce the amounts it reimburses localities for the salaries of electoral board members and general registrars in order to achieve legislatively mandated budget savings. See opinion of Attorney General to The Honorable Harry J. Parrish, Member, House of Delegates, 02-050 (6/21/02).

§ 24.2-112. Assistants to general registrars; employees.

The electoral board of each county and city shall determine the number of assistant registrars to serve in the office of the general registrar, including any to serve full-time.

In Russell County, there shall be at least one full-time assistant registrar who shall serve in the office of the general registrar.

In any county or city whose population is over 15,500, there shall be at least one assistant registrar who shall serve at least one day each week in the office of the general registrar.

Any county or city whose population is 15,500 or less shall have at least one substitute registrar who is able to take over the duties of the general registrar in an emergency and who shall assist the general registrar when he requests.

The electoral board shall set the term for the assistant registrars; however, their terms shall not extend beyond the term set by law of the incumbent general registrar. The general registrar shall establish the duties of assistant registrars, appoint assistant registrars, and have authority to remove any assistant registrar who fails to discharge the duties of his office.

All assistant registrars shall have the same limitations and qualifications and fulfill the same requirements as the general registrar except that (i) an assistant registrar may be an officer of election and (ii) an assistant registrar shall be a qualified voter of the Commonwealth but is not required to be a qualified voter of the county or city in which he serves as registrar. Candidates who are residents in the county or city for which they seek appointment may be given preference in hiring. Localities may mutually agree to share an assistant registrar among two or more localities. Assistant registrars who agree to serve without pay shall be supervised and trained by the general registrar.

All other employees shall be employed by the general registrar. The general registrar may hire additional temporary employees on a part-time basis as needed.

The compensation of any assistant registrar, other than those who agree to serve without pay, or any other employee of the general registrar shall be fixed and paid by the local governing body and shall be the equivalent of or exceed the minimum hourly wage established by federal law in 29 U.S.C. § 206 (a)(1), as amended.

The general registrar shall not appoint to the office of paid assistant registrar his spouse or any person, or the spouse of any person, who is his parent, grandparent, sibling, child, or grandchild.

(Code 1950, § 24-58; 1970, c. 462, § 24.1-45; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1982, c. 650; 1983, c. 470; 1984, c. 480; 1986, c. 558, § 24.1-45.3; 1993, c. 641; 1999, c. 115; 2001, cc. 637, 638, 642, 643; 2003, c. 232; 2007, c. 813; 2018, c. 465.)

Cross references. - As to the 1980, 1990, 2000 and 2010 United States Census population figures for counties and cities of the Commonwealth of Virginia, see the Appendix to Title 15.2.

Editor's note. - Acts 2007, c. 813, cl. 2 provides: "That the provisions of this act shall not affect the powers of any locality with respect to any ordinance, resolution or bylaw validly adopted and not repealed or rescinded prior to July 1, 2007."

The 1999 amendment added the present second paragraph.

The 2001 amendments. - The 2001 amendment by cc. 637, 638, and 643 are identical, and in the fifth paragraph inserted the clause (i) designator, and inserted "and (ii) an assistant registrar who serves with pay must be a qualified voter of the Commonwealth but is not required to be a qualified voter of the county or city in which he serves as registrar. Localities may mutually agree to share an assistant registrar among two or more localities."

The 2001 amendment by c. 642, in the fifth paragraph, inserted the clause (i) designator, and inserted "and (ii) an assistant registrar shall be a qualified voter of the Commonwealth but shall not be required to be a qualified voter of the county or city for which he is appointed. Candidates who are residents in the county or city for which they seek appointment may be given preference in hiring."

The section is set out as above at the direction of the Virginia Code Commission.

The 2003 amendments. - The 2003 amendment by c. 232 deleted "who serves with pay" in clause (ii) of the fifth paragraph.

The 2007 amendments. - The 2007 amendment by c. 813 substituted "Russell County" for "Any county or city whose population is more than 28,600 but less than 29,000" in the second paragraph.

The 2018 amendments. - The 2018 amendment by c. 465 rewrote the first paragraph, which formerly read: "The electoral board shall determine the number and set the term for assistant registrars; however, their terms shall not extend beyond the term set by law of the incumbent general registrar. The general registrar shall establish the duties of assistant registrars, appoint assistant registrars, and have authority to remove any assistant registrar who fails to discharge the duties of his office"; and inserted the fifth paragraph.

§ 24.2-113.

Repealed by Acts 2018, c. 464, cl. 2.

Editor's note. - Former § 24.2-113 , pertaining to special assistant registrars, derived from Acts 1971, Ex. Sess., c. 119, § 24.1-45.1; 1975, c. 515; 1993, c. 641.

§ 24.2-114. Duties and powers of general registrar.

In addition to the other duties required by this title, the general registrar, and the assistant registrars acting under his supervision, shall:

1. Maintain the office of the general registrar and establish and maintain additional public places for voter registration in accordance with the provisions of § 24.2-412 .
2. Participate in programs to educate the general public concerning registration and encourage registration by the general public. No registrar shall actively solicit, in a selective manner, any application for registration or for a ballot or offer anything of value for any such application.
3. Perform his duties within the county or city he was appointed to serve, except that a registrar may (i) go into a county or city in the Commonwealth contiguous to his county or city to register voters of his county or city when conducting registration jointly with the registrar of the contiguous county or city or (ii) notwithstanding any other provision of law, participate in multijurisdictional staffing for voter registration offices, approved by the State Board, that are located at facilities of the Department of Motor Vehicles.
4. Provide the appropriate forms for applications to register and to obtain the information necessary to complete the applications pursuant to the provisions of the Constitution of Virginia and general law.
5. Indicate on the registration records for each accepted mail voter registration application form returned by mail pursuant to Article 3.1 (§ 24.2-416.1 et seq.) of Chapter 4 that the registrant has registered by mail. The general registrar shall fulfill this duty in accordance with the instructions of the State Board so that those persons who registered by mail are identified on the registration records, lists of registered voters furnished pursuant to § 24.2-405 , lists of persons who voted furnished pursuant to § 24.2-406 , and pollbooks used for the conduct of elections.
6. Accept a registration application or request for transfer or change of address submitted by or for a resident of any other county or city in the Commonwealth. Registrars shall process registration applications and requests for transfer or change of address from residents of other counties and cities in accordance with written instructions from the State Board and shall forward the completed application or request to the registrar of the applicant's residence. Notwithstanding the provisions of § 24.2-416 , the registrar of the applicant's residence shall recognize as timely any application or request for transfer or change of address submitted to any person authorized to receive voter registration applications pursuant to Chapter 4 (§ 24.2-400 et seq.), prior to or on the final day of registration. The registrar of the applicant's residence shall determine the qualification of the applicant, including whether the applicant has ever been convicted of a felony, and if so, under what circumstances the applicant's right to vote has been restored, and promptly notify the applicant at the address shown on the application or request of the acceptance or denial of his registration or transfer. However, notification shall not be required when the registrar does not have an address for the applicant.
7. Preserve order at and in the vicinity of the place of registration. For this purpose, the registrar shall be vested with the powers of a conservator of the peace while engaged in the duties imposed by law. He may exclude from the place of registration persons whose presence disturbs the registration process. He may appoint special officers, not exceeding three in number, for a place of registration and may summon persons in the vicinity to assist whenever, in his judgment, it is necessary to preserve order. The general registrar and any assistant registrar shall be authorized to administer oaths for purposes of this title.
8. Maintain the official registration records for his county or city in the system approved by, and in accordance with the instructions of, the State Board; preserve the written applications of all persons who are registered; and preserve for a period of four years the written applications of all persons who are denied registration or whose registration is cancelled.
9. If a person is denied registration, notify such person in writing of the denial and the reason for denial within five days of the denial in accordance with § 24.2-422 .
10. Verify the accuracy of the pollbooks provided for each election by the State Board, make the pollbooks available to the precincts, and according to the instructions of the State Board provide a copy of the data from the pollbooks to the State Board after each election for voting credit purposes.
11. Retain the pollbooks in his principal office for two years from the date of the election.
12. Maintain accurate and current registration records and comply with the requirements of this title for the transfer, inactivation, and cancellation of voter registrations.
13. Whenever election districts, precincts, or polling places are altered, provide for entry into the voter registration system of the proper district and precinct designations for each registered voter whose districts or precinct have changed and notify each affected voter of changes affecting his districts or polling place by mail.
14. Whenever any part of his county or city becomes part of another jurisdiction by annexation, merger, or other means, transfer to the appropriate general registrar the registration records of the affected registered voters. The general registrar for their new county or city shall notify them by mail of the transfer and their new election districts and polling places.
15. When he registers any person who was previously registered in another state, notify the appropriate authority in that state of the person's registration in Virginia by providing electronically, through the Department of Elections, the information contained in that person's registration application.
16. Whenever any person is believed to be registered or voting in more than one state or territory of the United States at the same time, inquire about, or provide information from the voter's registration and voting records to any appropriate voter registration or other authority of another state or territory who inquires about, that person's registration and voting history.
17. At the request of the county or city chairman of any political party nominating a candidate for the General Assembly, constitutional office, or local office by a method other than a primary, review any petition required by the party in its nomination process to determine whether those signing the petition are registered voters with active status.
18. Carry out such other duties as prescribed by the electoral board in his capacity as the director of elections for the locality in which he serves.
19. Receive and maintain certification through the certification program conducted by the State Board for general registrars pursuant to subsection C of § 24.2-103 . Each general registrar shall be required to receive certification through the certification program within 12 months of his initial appointment or any subsequent reappointment, unless a waiver has been granted by the State Board pursuant to subsection C of § 24.2-103 . (Code 1950, §§ 24-59, 24-60, 24-60.1, 24-71 through 24-73, 24-90, 24-93, 24-94, 24-101, 24-111, 24-115, 24-118; 1950, p. 381; 1958, c. 576; 1962, cc. 422, 536; 1968, c. 143; 1970, c. 462, §§ 24.1-46, 24.1-54, 24.1-68; 1972, c. 620; 1973, c. 30; 1974, c. 428; 1976, c. 616; 1979, c. 329; 1980, c. 639; 1982, c. 650; 1983, c. 398; 1984, c. 480; 1986, c. 558; 1990, c. 193; 1993, c. 641; 1996, cc. 72, 73; 1998, c. 354; 2000, cc. 512, 556, 857; 2003, c. 1015; 2005, c. 380; 2010, c. 812; 2013, c. 491; 2015, cc. 644, 645; 2016, cc. 13, 633; 2019, c. 341; 2020, cc. 857, 1148.)

Editor's note. - Acts 2020, c. 1148, cl. 2 provides: "That any general registrar serving a term that began prior to the effective date of this act shall be required to complete the certification program and receive his certification no later than June 30, 2021."

The 2000 amendments. - The 2000 amendments by cc. 512 and 556 are identical, and in subdivision 2, inserted the clause (i) designator and added clause (ii).

The 2000 amendment by c. 857, in subdivision 4, inserted "or request for transfer or change of address" in the first and third sentences; in the second sentence inserted "and requests for transfer or change of address" and inserted "or request" following "application"; and in the fourth sentence inserted "or request" and added "or transfer" at the end of the sentence.

The 2003 amendments. - The 2003 amendment by c. 1015 rewrote the section.

The 2005 amendments. - The 2005 amendment by c. 380 added subdivision 19.

The 2010 amendments. - The 2010 amendment by c. 812, effective November 1, 2010, in subdivision 10, substituted "provide a copy of the data from the pollbooks" for "return the pollbooks, or transfer a copy of the data from any electronic pollbooks"; and in subdivision 11, substituted "retain" for "After the return of the pollbooks by the State Board, retain."

The 2013 amendments. - The 2013 amendment by c. 491 inserted "including whether the applicant has ever been convicted of a felony, and if so, under what circumstances the applicant's right to vote has been restored" in the fourth sentence in subdivision 6.

The 2015 amendments. - The 2015 amendments by cc. 644 and 645 are identical, and inserted "in his capacity as the director of elections for the locality in which he serves" in subdivision 18.

The 2016 amendments. - The 2016 amendment by c. 13, in subdivision 19, deleted "or designate one member of his staff to attend," following "Attend" in the first sentence and added the second sentence.

The 2016 amendment by c. 633 added "by providing electronically, through the Department of Elections, the information contained in that person's registration application" in subdivision 15.

The 2019 amendments. - The 2019 amendment by c. 341, in subdivision 9, deleted "promptly" preceding "notify such person"; and inserted "within 14 days of the denial."

The 2020 amendments. - The 2020 amendment by c. 857, substituted "five days" for "14 days" in subdivision 9.

The 2020 amendment by c. 1148 rewrote subdivision 19, which formerly read: "Attend an annual training program provided by the State Board. A general registrar may designate one member of his staff to attend such training program if he is unable to attend because of a personal or family emergency."

OPINIONS OF THE ATTORNEY GENERAL

General registrars as "employees.” - General registrars are "deemed to be employees of the county or city” as used in § 24.2-122 , meaning that a general registrar is bound by the locality's policies and practices, but only to the extent such policies and practices do not interfere with the orderly function of the registrar's duties as set by Title 24.2 and the rules and regulations of the Virginia State Board of Elections. See opinion of Attorney General to Mr. Charles W. Haney, Chairman, Ms. Mary G. Turner, Secretary, 19-053, 2020 Va. AG LEXIS 27 (2/28/20).

Person previously convicted of felony. - General registrar may request documentation to confirm the restoration of voting rights to a person previously convicted of a felony. See opinion of Attorney General to The Honorable Jean R. Jensen, Secretary, State Board of Elections, 06-048 (10/3/06).

Authority to hire employees. - Section 24.2-112 authorizes a general registrar, in his discretion, to hire additional temporary, part-time employees when needed and requires the local governing body to compensate such employees as provided for by law. See opinion of Attorney General to King William County Electoral Board, No. 14-046, 2014 Va. AG LEXIS 58 (10/1/14).

"Conduct of elections." - Regulations implementing Chapters 9.3, 9.4, and 9.5 of Title 24.2 do not relate to "the conduct of elections and eligibility to vote," and therefore do not qualify for an exemption from the regulatory process established by the Virginia Administrative Process Act. See opinion of Attorney General to The Honorable Edgardo Cortes, Commissioner of Elections, No. 14-038, 2014 Va. AG LEXIS 56 (10/1/14).

§ 24.2-115. Appointment, qualifications, and terms of officers of election.

Each electoral board at its regular meeting in the first week of February of the year in which the terms of officers of election are scheduled to expire shall appoint officers of election. Their terms of office shall begin on March 1 following their appointment and continue, at the discretion of the electoral board, for a term not to exceed three years or until their successors are appointed. The general registrar shall prepare and submit to the electoral board a plan to ensure that adequate numbers of trained officers of election are available to serve in each election.

Not less than three competent citizens shall be appointed for each precinct. However, a precinct having more than 4,000 registered voters shall have not less than five officers of election serving for a presidential election, and the electoral board shall appoint additional officers as needed to satisfy this requirement. Insofar as practicable, each officer shall be a qualified voter of the precinct he is appointed to serve, but in any case a qualified voter of the Commonwealth. In appointing the officers of election, representation shall be given to each of the two political parties having the highest and next highest number of votes in the Commonwealth for Governor at the last preceding gubernatorial election. The representation of the two parties shall be equal at each precinct having an even number of officers and shall vary by no more than one at each precinct having an odd number of officers. If practicable, officers shall be appointed from lists of nominations filed by the political parties entitled to appointments. The party shall file its nominations with the secretary of the electoral board at least 10 days before February 1 each year. The electoral board may appoint additional citizens who do not represent any political party to serve as officers. If practicable, no more than one-third of the total number of officers appointed for each precinct may be citizens who do not represent any political party.

Officers of election shall serve for all elections held in their respective precincts during their terms of office unless a substitute is required to be appointed pursuant to § 24.2-117 or the electoral board decides that fewer officers are needed for a particular election, in which case party representation shall be maintained as provided above. For a primary election involving only one political party, persons representing the political party holding the primary shall serve as the officers of election if possible.

The electoral board shall ensure that one officer is designated as the chief officer of election and one officer is designated as the assistant for each precinct. The officer designated as the assistant for a precinct, whenever practicable, shall not represent the same political party as the chief officer for the precinct. Notwithstanding any other provision of this section, where representatives for one or both of the two political parties having the largest number of votes for Governor in the last preceding gubernatorial election are unavailable, citizens who do not represent either of those two political parties may be designated as the chief officer and the assistant chief officer. In such case, the general registrar shall provide notice to representatives of both parties at least 10 days prior to the election that he intends to use nonaffiliated officers so that each party shall have the opportunity to provide additional nominations. The electoral board may also appoint at least one officer of election who reports to the precinct at least one hour prior to the closing of the precinct and whose primary responsibility is to assist with closing the precinct and reporting the results of the votes at the precinct.

The electoral board shall ensure that each chief officer and assistant is instructed in his duties not less than three nor more than 30 days before each election. Each officer of election may be instructed in his duties at an appropriate time or times before each November general election, and training of the officers of election shall be conducted as provided by § 24.2-115.2 .

Notwithstanding the provisions of § 24.2-117 , if an officer of election is unable to serve at any election during his term of office, the electoral board may at any time appoint a substitute who shall hold office and serve for the unexpired term.

Additional officers shall be appointed in accordance with this section at any time that the electoral board determines that they are needed or as required by law.

If practicable, substitute officers or additional officers appointed after the electoral board's regular meeting in the first week of February shall be appointed from lists of nominations filed by the political parties entitled to appointments. The electoral board or the general registrar shall inform the political parties of the decision of the electoral board to make such appointments and the party shall file its nominations with the secretary of the electoral board or the general registrar within five business days.

The secretary of the electoral board or general registrar shall prepare a list of the officers of election that shall be available for inspection and posted in the general registrar's office prior to March 1 each year. Whenever substitute or additional officers are appointed, the secretary of the electoral board or the general registrar shall promptly add the names of the appointees to the public list. Upon request and at a reasonable charge not to exceed the actual cost incurred, the secretary of the electoral board or the general registrar shall provide a copy of the list of the officers of election, including their party designation and precinct to which they are assigned, to any requesting political party or candidate.

(Code 1950, §§ 24-30, 24-193, 24-195, 24-199; 1950, p. 164; 1970, c. 462, §§ 24.1-32, 24.1-105, 24.1-106; 1972, c. 620; 1975, c. 515; 1976, c. 616; 1978, cc. 330, 778; 1980, c. 639; 1982, c. 650; 1984, c. 480; 1986, c. 558; 1989, c. 227; 1993, c. 641; 1997, c. 459; 1998, c. 187; 2002, cc. 66, 216; 2003, cc. 232, 1015; 2005, c. 820; 2009, cc. 639, 865, 870, 874; 2010, cc. 190, 347, 769; 2013, c. 461; 2014, cc. 410, 777; 2015, c. 667; 2016, cc. 18, 492, 752, 766.)

The 2002 amendments. - The 2002 amendments by cc. 66 and 216 are identical, and substituted "at an appropriate time or times" for "not less than three nor more than thirty days" in the fifth paragraph.

The 2003 amendments. - The 2003 amendment by c. 232 in the second paragraph, substituted "Commonwealth" for "city or county" in the first sentence, and substituted "10" for "ten" in the last sentence; and substituted "30" for "thirty" in the fifth paragraph.

The 2003 amendment by c. 1015, rewrote the section.

The 2005 amendments. - The 2005 amendment by c. 820, in the first paragraph, in the last sentence, inserted "at the discretion of the electoral board," and substituted "a term not to exceed three years" for "one year."

The 2009 amendments. - The 2009 amendment by c. 639 added the last sentence in the second paragraph.

The 2009 amendments by cc. 865, 870 and 874 are identical, and in the fourth paragraph, added the present last sentence; and in the seventh paragraph, substituted "shall be" for "may be."

The 2010 amendments. - The 2010 amendment by c. 190, in the second paragraph, substituted "practicable" for "possible" in the fourth sentence and added the last sentence; and added the eighth paragraph.

The 2010 amendment by c. 347 added the last sentence in the last paragraph.

The 2010 amendment by c. 769, in the fifth paragraph, added "and shall conduct training of the officers of election consistent with the standards set by the State Board pursuant to subsection B of § 24.2-103 " in the first sentence, and added the last sentence.

The 2013 amendments. - The 2013 amendment by c. 461 inserted "of the year in which the terms of officers of election are scheduled to expire" in the first sentence in the first paragraph.

The 2014 amendments. - The 2014 amendment by c. 410, in the third paragraph, inserted "a substitute is required to be appointed pursuant to § 24.2-117 or" in the first sentence; and in the sixth paragraph inserted "Notwithstanding the provisions of § 24.2-117 " at the beginning.

The 2014 amendment by c. 777, in the second paragraph, substituted "even" for "equal" in the third sentence and deleted "but not as the chief officer or the assistant chief officer" at the end of the sixth sentence; and in the fourth paragraph added the third and fourth sentences.

The 2015 amendments. - The 2015 amendment by c. 667, in the second paragraph, divided the former first sentence into the present first and third sentences by substituting a period for "and," following "appointed for each precinct" and added the second sentence; and added "or as required by law" at the end of the seventh paragraph.

The 2016 amendments. - The 2016 amendments by cc. 18 and 492 are identical, and inserted the last sentence in the first paragraph; in the fourth paragraph, substituted "ensure that one officer is designated" for "designate one officer," inserted "is designated," substituted "citizens who do not represent either of those two political parties may be designated" for "the electoral board may designate," deleted "citizens who do not represent any political party" at the end of the third sentence and substituted "general registrar" for "electoral board"; rewrote the fifth paragraph; inserted "or the general registrar" twice and substituted "the decision of the electoral board" for "its decision" in the next-to-last paragraph; and inserted "of the electoral board or the general registrar" twice in the last paragraph.

The 2016 amendments by cc. 752 and 766 are identical, and substituted "as provided by § 24.2-115.2 " for "consistent with the standards set by the State Board pursuant to subsection B of § 24.2-103 . Each electoral board shall certify to the State Board that such training has been conducted every four years" at the end of the fifth paragraph.

The fifth paragraph is set out in the form above at the direction of the Virginia Code Commission.

Law review. - For annual survey article, "Election Law," see 44 U. Rich. L. Rev. 403 (2009).

For annual survey article, "Election Law and Government," see 46 U. Rich. L. Rev. 119 (2011).

Research References. - Virginia Forms (Matthew Bender). No. 2-1301. Juror Qualification Form.

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, §§ 8, 9.

OPINIONS OF THE ATTORNEY GENERAL

Officers of election. - A local electoral board, where it is feasible to do so, is required to appoint officers of election who represent the two dominant political parties. When it is not feasible to appoint representatives of such parties, a board may appoint nonpartisan officers. See opinion of Attorney General to The Honorable Jean R. Jensen, Secretary, State Board of Elections, 06-058 (9/15/06).

§ 24.2-115.1. Officers of election; hours of service.

The electoral board or general registrar may provide that the officers of election for one or more precincts may be assigned to work all or a portion of the time that the precinct is open on election day or reassigned to another precinct for the remaining portion of election day, as needed. Any officer of election assisting with the closing of the precinct and reporting the results of the votes at the precinct shall be required to report to the precinct at least one hour prior to the closing of the precinct. However, the chief officer and the assistant chief officer, appointed pursuant to § 24.2-115 to represent the two political parties, shall be on duty at all times. The electoral board or general registrar may provide for the administration of the oath of office provided for in § 24.2-120 and the oath required in § 24.2-611 to be kept with the pollbook at times convenient for officers of election assigned to work only a portion of the time that the precinct is open on election day.

(1998, cc. 549, 572; 2001, c. 623; 2009, cc. 396, 865, 870, 874; 2013, cc. 444, 462; 2016, cc. 18, 492.)

The 2001 amendments. - The 2001 amendment by c. 623 deleted the former second paragraph, which read: "This section shall expire on July 1, 2001."

The 2009 amendments. - The 2009 amendments by c. 396 added the last sentence.

The 2009 amendments by cc. 865, 870 and 874 are identical, and inserted the second sentence.

The 2013 amendments. - The 2013 amendments by cc. 444 and 462 are identical, and added "or reassigned to another precinct for the remaining portion of election day, as needed" at the end of the first sentence.

The 2016 amendments. - The 2016 amendments by cc. 18 and 492 are identical, and inserted "or general registrar" following "electoral board" in the first and last sentences.

§ 24.2-115.2. Officers of election; required training.

1. Each officer of election shall receive training consistent with the standards set by the State Board pursuant to § 24.2-103 . This training shall be conducted by the electoral boards and general registrars, using the standardized training programs and materials developed by the State Board for this purpose. However, any electoral board and general registrar may instead require that the officers of election complete the online training course provided by the State Board pursuant to subsection D of § 24.2-103 . Each officer of election shall receive such training, or complete the online training course, before the first election in which he will be serving as an officer of election. Such requirement shall apply to each term for which the officer of election is appointed.
2. Notwithstanding the provisions of subsection A, each officer of election shall receive additional training or instruction whenever a change to election procedures is made to this title or to regulations that alters the duties or conduct of the officers of election. Such changes shall include changes to voting systems, electronic pollbook equipment or programming, voter identification requirements, and provisional ballot requirements. Such additional training shall be conducted or instruction given to all relevant individuals promptly after the law or regulation has taken effect, but not less than three days prior to the first election occurring in the locality after the law or regulation has taken effect.
3. Following any training conducted pursuant to this section, the electoral boards shall certify to the State Board that the officers of election in its jurisdiction have received the required training. Such certification shall include the dates of each completed training.

   (2016, cc. 752, 766; 2020, cc. 286, 1148.)

The 2020 amendments. - The 2020 amendment by c. 286, in the third sentence in subsection B, inserted "to all relevant individuals," substituted "first election" for "November general election" and inserted "occurring in the locality after the law or regulation has taken effect."

The 2020 amendment by c. 1148 substituted "subsection D" for "subsection B" in subsection A.

§ 24.2-116. Compensation of officers; volunteer officers.

The governing body of each county, city, or town shall pay its officers of election at least $75 for each full day's service rendered on each election day. In addition, the governing body shall pay each officer $10 and mileage at the rate payable to members of the General Assembly for each time he delivers pollbooks and ballots to the polling place and each time he delivers returns and ballots to the appropriate official after the polls close. Jurisdictions may increase the salary of the officers collecting and delivering materials by at least $10 and the equivalent of mileage expenses from the furthest polling place in the locality in lieu of calculating the mileage and extra pay required by this section.

An officer of election may waive compensation and serve as an unpaid volunteer officer. Unpaid volunteer officers shall possess the qualifications and fulfill the requirements that apply to paid officers of election.

(Code 1950, §§ 24-207 through 24-209; 1950, p. 245; 1956, c. 235; 1968, c. 141; 1970, c. 462, § 24.1-107; 1972, c. 620; 1974, c. 428; 1993, c. 641; 2003, c. 1015; 2012, c. 489.)

The 2003 amendments. - The 2003 amendment by c. 1015, substituted "$75 for each full day's" for "thirty dollars for each day's" in the first sentence, substituted "$10" for "ten dollars" in the second sentence, and inserted the last sentence.

The 2012 amendments. - The 2012 amendment by c. 489 added the last paragraph.

Law review. - For annual survey of Virginia law article, "Election Law," see 47 U. Rich. L. Rev. 181 (2012).

§ 24.2-117. Request for removal of officer of election.

A candidate may require the removal of an officer of election for the election in which he is a candidate by a request in writing, filed at least seven days before the election with the electoral board appointing the officer, on the grounds that the officer is the spouse, parent, grandparent, sibling, child, or grandchild of an opposing candidate. A member of the electoral board may also request the removal of an officer of election whom he knows to be the spouse, parent, grandparent, sibling, child, or grandchild of a candidate in the election by a request in writing, filed at least seven days before the election with the electoral board. Upon receipt of a timely written request pursuant to this section, the electoral board shall ensure that a substitute is appointed to serve for that election.

(1982, c. 650, § 24.1-105.1; 1993, c. 641; 2014, c. 410; 2016, cc. 18, 492.)

The 2014 amendments. - The 2014 amendment by c. 410 added the second sentence.

The 2016 amendments. - The 2016 amendments by cc. 18 and 492 are identical, and rewrote the last sentence, which read "The electoral board may appoint a substitute who shall hold office and serve for that election."

§ 24.2-118. Appointments when officers fail to serve.

If an officer of election is absent or unable to serve and the polls have been open for one hour, the remaining officers of election shall appoint a substitute officer of election for the precinct. The substitute officer shall possess the same qualifications and, after taking the requisite oath, have the same powers as officers appointed by an electoral board.

(Code 1950, § 24-197; 1970, c. 462, § 24.1-108; 1993, c. 641.)

§ 24.2-118.1.

Repealed by Acts 2020, c. 838, cl. 2.

Cross references. - For current provisions pertaining to prohibition on, and penalty for, discrimination in employment, see § 24.2-119.1 .

Editor's note. - Former § 24.2-118.1 , pertaining to prohibition on and penalty for discrimination in employment, derived from Acts 2005, c. 790.

§ 24.2-119. Restrictions on persons holding other offices serving as member of electoral board, registrar, or officer of election.

No person, nor the deputy of any person, who is employed by or holds any office or post of profit or emolument, or who holds any elective office of profit or trust, under the governments of the United States, the Commonwealth, or any county, city, or town, shall be appointed a member of the electoral board or general registrar. No person, nor the deputy or the employee of any person, who holds any elective office of profit or trust under the government of the United States, the Commonwealth, or any county, city, or town of the Commonwealth, shall be appointed an assistant registrar or officer of election.

(Code 1950, §§ 24-31, 24-198; 1970, c. 462, § 24.1-33; 1971, Ex. Sess., c. 204; 1986, c. 248; 1993, c. 641.)

Law review. - For annual survey article, "Election Law and Government," see 46 U. Rich. L. Rev. 119 (2011).

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, § 9.

OPINIONS OF THE ATTORNEY GENERAL

Part-time town attorney. - Since a town attorney receives pecuniary gain in return for service as a public official, a town attorney is barred from simultaneous membership on an electoral board by operation of Article II, § 8 and § 24.2-119 . See opinion of Attorney General to The Honorable Julia H. Sichol, Commonwealth's Attorney, Westmoreland County, 16-054, 2016 Va. AG LEXIS 24 (9/26/16).

De facto officer doctrine. - Where a member of a local governmental body vacates his position by acceptance of an incompatible office, the de facto officer doctrine applies to official acts taken by such an individual after he has vacated the first position and thus decisions made by an electoral board during the time of vacancy due to a member's acceptance of the position of part-time town attorney are valid. See opinion of Attorney General to The Honorable Julia H. Sichol, Commonwealth's Attorney, Westmoreland County, 16-054, 2016 Va. AG LEXIS 24 (9/26/16).

§ 24.2-119.1. Prohibition on discrimination in employment; penalty.

Any person who serves as a member of a local electoral board, an assistant general registrar, or an officer of election shall neither be discharged from employment nor have any adverse personnel action taken against him, nor shall he be required to use sick leave or vacation time, as a result of his absence from employment due to his service at a polling place on election day or at a meeting of the electoral board following the election to ascertain the results of such election pursuant to § 24.2-671 , provided that he gave reasonable notice to his employer of such service. No such person who serves for four or more hours, including travel time, on his day of service shall be required to start any work shift that begins on or after 5:00 p.m. on the day of his service or begins before 3:00 a.m. on the day following the day of his service. Any employer violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

(2020, c. 838.)

§ 24.2-120. Oath of office.

The oath of office for the members of the electoral board, registrars, and officers of election shall be the oath stated in Article II, Section 7, of the Constitution. Each member of the electoral board, registrar, and officer of election shall take and sign the oath before performing the duties of his office.

Each member of an electoral board and general registrar shall file the original signed oath in the clerk's office of the circuit court of his county or city. The general registrar shall file a copy with the secretary of his electoral board.

The oath of office for assistant and substitute registrars, officers of election, and voting equipment custodians may be administered by a general registrar or a notary as well as by persons authorized to administer oaths under § 49-3 .

The oath of office for officers of election may be administered by a member of the electoral board, the general registrar, an assistant or substitute registrar, as well as by notaries and persons authorized to administer oaths under § 49-3 .

(Code 1950, §§ 24-29, 24-30, 24-32, 24-33, 24-42, 24-52, 24-52.1, 24-55, 24-61, 24-65, 24-66, 24-118.1, 24-199; 1954, c. 691; 1962, c. 475; 1964, c. 608; 1968, cc. 97, 141; 1970, c. 462, §§ 24.1-29, 24.1-32, 24.1-43; 1971, Ex. Sess., c. 204; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1976, c. 12; 1978, c. 778; 1980, c. 639; 1981, c. 425; 1982, cc. 290, 650; 1983, c. 511; 1984, c. 480; 1985, c. 197; 1986, c. 558; 1988, c. 528; 1989, c. 227; 1993, c. 641; 2005, c. 820; 2012, cc. 328, 486.)

The 2005 amendments. - The 2005 amendment by c. 820 added the last paragraph.

The 2012 amendments. - The 2012 amendments by cc. 328 and 486 are identical, and substituted "registrars, officers of election, and voting equipment custodians may be administered by a general registrar or a notary" for "registrars and for, officers of election may be administered by a notary" in the third paragraph.

Law review. - For annual survey of Virginia law article, "Election Law," see 47 U. Rich. L. Rev. 181 (2012).

§ 24.2-121. Defense of the electoral board, its members, and the general registrar staff; appointment of counsel.

If any electoral board, any of its members, any general registrar, or any employee of or paid assistant to a registrar is made defendant in any civil action arising out of the performance of his official duties, and does not have legal defense provided under applicable insurance coverage, the officer, employee, or assistant may apply to the Virginia Division of Risk Management to assign counsel for his defense in the action. In such case, and regardless of whether or not the civil action seeks monetary damages, the Division shall obtain one or more attorneys to defend such action, which attorney may be the Attorney General, the attorney for the Commonwealth of the particular locality served by the defendant, or one or more private attorneys as may be appropriate. In the case of any private attorney, the Division shall determine the appropriate rate of compensation. All private attorneys' fees and any expenses incurred in the defense of the action shall be paid from the treasury of the Commonwealth of Virginia.

(1986, c. 558, § 24.1-31.1; 1990, c. 201; 1993, c. 641; 2005, cc. 492, 548.)

Cross references. - As to risk management plan for public liability, see § 2.2-1837 .

The 2005 amendments. - The 2005 amendments by cc. 492 and 548 are identical, and rewrote the section.

§ 24.2-122. Status of members of electoral boards, registrars, and officers of election.

Members of electoral boards, registrars, and officers of election shall serve the Commonwealth and its localities in administering the election laws. They shall be deemed to be employees of the county or city in which they serve except as otherwise specifically provided by state law.

A county or city may retain officers of election as independent contractors.

Assistant registrars who agree to serve without pay are not state or local employees for any purpose.

(Code 1950, §§ 24-30, 24-199; 1970, c. 462, § 24.1-32; 1975, c. 515; 1978, c. 778; 1980, c. 639; 1982, c. 650; 1986, c. 558; 1989, c. 227; 1993, c. 641; 2018, c. 675.)

Cross references. - For constitutional provisions as to electoral boards, see Va. Const., Art. II, § 8.

The 2018 amendments. - The 2018 amendment by c. 675 inserted the second paragraph.

§ 24.2-123. Requirements for registration and voting; prohibition on use of power of attorney.

No action undertaken to fulfill any requirement of this title to register or vote shall be valid or complete when the action is based on the exercise of a power of attorney, or other writing, in which any principal shall have vested any power or authority in an attorney-in-fact or other agent.

(1995, cc. 192, 234.)

§ 24.2-124.

Repealed by Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 2, effective July 1, 2021.

Cross references. - For current provisions relating to minority language accessibility, see § 24.2-128 .

Editor's note. - Former § 24.2-124 , requiring minority language voting materials in certain covered localities, derived from Acts 2020, c. 719.

§ 24.2-125. Definitions.

For purposes of this chapter, "protected class" means a group of citizens protected from discrimination based on race or color or membership in a language minority group.

(2021, Sp. Sess. I, cc. 528, 533.)

Editor's note. - Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

Effective date. - This section is effective July 1, 2021, pursuant to Va. Const., Art. IV, § 13.

§ 24.2-126. Vote denial or dilution.

1. No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by the state or any locality in a manner that results in a denial or abridgement of the right of any citizen of the United States to vote based on race or color or membership in a language minority group.
2. A violation of subsection A is established if, on the basis of the totality of circumstances, it is shown that the political processes leading to nomination or election in the state or a locality are not equally open to participation by members of a protected class in that its members have less opportunity than other members of the electorate to participate in the political processes or to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the state or locality is one circumstance that may be considered.
3. Nothing in this section shall be construed to establish a right to have members of a protected class elected in numbers equal to their proportion in the population.

   (2021, Sp. Sess. I, cc. 528, 533.)

Editor's note. - Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

Effective date. - This section is effective July 1, 2021, pursuant to Va. Const., Art. IV, § 13.

§ 24.2-127. Impairment of voting rights of registered voters.

Nothing in this chapter shall be construed to deny, impair, or otherwise adversely affect the right to vote of any registered voter.

(2021, Sp. Sess. I, cc. 528, 533.)

Editor's note. - Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

Effective date. - This section is effective July 1, 2021, pursuant to Va. Const., Art. IV, § 13.

§ 24.2-128. Minority language accessibility.

1. The State Board shall designate a county, city, or town as a covered locality if it determines, in consultation with the Director of the Census, on the basis of the 2010 American Community Survey census data and subsequent American Community Survey data in five-year increments, or comparable census data, that (i) more than five percent of the citizens of voting age of such county, city, or town are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process; (ii) more than 10,000 of the citizens of voting age of such county, city, or town are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process; or (iii) in the case of a county, city, or town containing all or any part of an Indian reservation, more than five percent of the American Indian citizens of voting age within the Indian reservation are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process.
2. Whenever a covered locality provides any voting or election materials, it shall provide such materials in the language of the applicable minority group as well as in the English language. For purposes of this requirement, "voting or election materials" means registration or voting notices, forms, instructions, assistance, voter information pamphlets, ballots, sample ballots, candidate qualification information, and notices regarding changes to local election districts, precincts, or polling places. For purposes of this requirement, "registration notices" means any notice of voter registration approval, denial, or cancellation required by the provisions of Chapter 4 (§ 24.2-400 et seq.). A covered locality may distribute such materials in the preferred language identified by the voter.
3. The Attorney General, or any qualified voter who is a member of a language minority group for whom a covered locality is required to provide voting or election materials in such language, may institute a cause of action in the circuit court of the covered locality to compel the provision of the voting or election materials in the language of the applicable minority group. In such action, the court may, in its discretion, allow a private plaintiff a reasonable attorney fee as part of the costs, if such plaintiff is the prevailing party.

   (2021, Sp. Sess. I, cc. 528, 533.)

Editor's note. - Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 3 provides: "That the provisions of § 24.2-128 of the Code of Virginia, as created by this act, shall become effective on September 1, 2021."

Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

§ 24.2-129. Covered practices; actions required prior to enactment or administration.

1. For the purposes of this section:

   "Certification of no objection" means a certification issued by the Attorney General that there is no objection to the enactment or administration of a covered practice by a locality because the covered practice neither has the purpose or effect of denying or abridging the right to vote based on race or color or membership in a language minority group nor will result in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise.

   "Covered practice" means:

   1. Any change to the method of election of members of a governing body or an elected school board by adding seats elected at large or by converting one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district;
   2. Any change, or series of changes within a 12-month period, to the boundaries of the locality that reduces by more than five percentage points the proportion of the locality's voting age population that is composed of members of a single racial or language minority group, as determined by the most recent American Community Survey data;
   3. Any change to the boundaries of election districts or wards in the locality, including changes made pursuant to a decennial redistricting measure;
   4. Any change that restricts the ability of any person to provide interpreter services to voters in any language other than English or that limits or impairs the creation or distribution of voting or election materials in any language other than English; or
   5. Any change that reduces the number of or consolidates or relocates polling places in the locality, except where permitted by law in the event of an emergency.

      "Voting age population" means the resident population of persons who are 18 years of age or older, as determined by the most recent American Community Survey data available at the time any change to a covered practice is published pursuant to subsection B.

2. Prior to enacting or seeking to administer any voting qualification or prerequisite to voting, or any standard, practice, or procedure with respect to voting, that is a covered practice, the governing body shall cause to be published on the official website for the locality the proposed covered practice and general notice of opportunity for public comment on the proposed covered practice. The governing body shall also publicize the notice through press releases and such other media as will best serve the purpose and subject involved. Such notice shall be made at least 45 days in advance of the last date prescribed in the notice for public comment.

   Public comment shall be accepted for a period of no fewer than 30 days. During this period, the governing body shall afford interested persons an opportunity to submit data, views, and arguments in writing by mail, fax, or email, or through an online public comment forum on the official website for the locality if one has been established. The governing body shall conduct at least one public hearing during this period to receive public comment on the proposed covered practice.

   The governing body may make changes to the proposed covered practice in response to public comment received. If doing so, the revised covered practice shall be published and public comment shall be accepted in accordance with this subsection, except the public comment period shall be no fewer than 15 days.

3. Following the public comment period or periods prescribed in subsection B, the governing body shall publish the final covered practice, which shall include a plain English description of the practice and the text of an ordinance giving effect to the practice, maps of proposed boundary changes, or other relevant materials, and notice that the covered practice will take effect in 30 days. During this 30-day waiting period, any person who will be subject to or affected by the covered practice may challenge in the circuit court of the locality where the covered practice is to be implemented the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. In such action, the court may, in its discretion, allow a private plaintiff a reasonable attorney fee as part of the costs, if such plaintiff is the prevailing party.
4. The governing body of a locality seeking to administer or implement a covered practice, in lieu of following the provisions of subsections B and C, may submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection. Such practice shall not be given effect until the Attorney General has issued such certification. A certification of no objection shall be deemed to have been issued if the Attorney General does not interpose an objection within 60 days of the governing body's submission or if, upon good cause shown and to facilitate an expedited approval within 60 days of the governing body's submission, the Attorney General has affirmatively indicated that no such objection will be made. An affirmative indication by the Attorney General that no objection will be made or the absence of an objection to the covered practice by the Attorney General shall not bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure.

   (2021, Sp. Sess. I, cc. 528, 533.)

Editor's note. - Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

Effective date. - This section is effective July 1, 2021, pursuant to Va. Const., Art. IV, § 13.

§ 24.2-130. At-large method of election; limitations; violations; remedies.

1. An at-large method of election, including one that combines at-large elections with district- or ward-based elections, shall not be imposed or applied by the governing body of any locality in a manner that impairs the ability of members of a protected class, as defined in § 24.2-125 , to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgement of the rights of voters who are members of a protected class.
2. A violation of subsection A is established if it is shown that racially polarized voting occurs in local elections and that this, in combination with the method of election, dilutes the voting strength of members of a protected class. For purposes of this subsection, "racially polarized voting" refers to the extent to which the candidate preferences of members of the protected class and other voters in the jurisdiction have differed in recent elections for the office at issue and other offices in which the voters have been presented with a choice between candidates who are members of the protected class and candidates who are not members of the protected class. A finding of racially polarized voting or a violation of subsection A shall not be precluded by the fact that members of a protected class are not geographically compact or concentrated in a locality. Proof of an intent on the part of voters or elected officials to discriminate against members of a protected class shall not be required to prove a violation of subsection A.
3. Any voter who is a member of a protected class, as defined in § 24.2-125 , and who resides in a locality where a violation of this section is alleged shall be entitled to initiate a cause of action in the circuit court of the county or city in which the locality is located. In such action, the court may, in its discretion, allow a private plaintiff a reasonable attorney fee as part of the costs, if such plaintiff is the prevailing party.
4. Upon a finding of a violation of this section, the court shall implement appropriate remedies that are tailored to remedy the violation.

   (2021, Sp. Sess. I, cc. 528, 533.)

Editor's note. - Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

Effective date. - This section is effective July 1, 2021, pursuant to Va. Const., Art. IV, § 13.

§ 24.2-131. Voter Education and Outreach Fund.

There is hereby created in the state treasury a special nonreverting fund to be known as the Voter Outreach and Education Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All penalties and charges directed to this fund by § 24.2-104.1 and all other funds from any public or private source directed to the Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of educating voters and persons qualified to be voters on the rights ensured to them pursuant to federal and state constitutional and statutory law and remedies. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Secretary of Administration or his designee.

(2021, Sp. Sess. I, cc. 528, 533.)

Editor's note. - Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

Effective date. - This section is effective July 1, 2021, pursuant to Va. Const., Art. IV, § 13.

§ 24.2-200. When terms to begin.

The terms of all officers chosen at a November general election shall begin on the January 1 succeeding their election unless otherwise provided in this chapter. Notwithstanding any other provision of law, the terms of all officers elected at a May general election shall begin on the July 1 succeeding their election. They shall continue to discharge the duties of their respective offices until their successors qualify.

(Code 1950, §§ 24-142, 24-169; 1970, c. 462, § 24.1-73; 1993, c. 641.)

Michie's Jurisprudence. - For related discussion, see 13B M.J. Municipal Corporations, § 69.

§ 24.2-201. When term of officer elected to fill vacancy commences and expires.

The term of office of any person chosen at a special election to fill a vacancy in any public office shall commence as soon as he shall qualify and give bond, if bond is required, and shall continue for the unexpired term of such office. Any person so elected shall qualify and give bond, if bond is required, no later than thirty days following the date on which the special election was held.

(Code 1950, § 24-144; 1970, c. 462, § 24.1-75; 1982, c. 146; 1993, c. 641.)

§ 24.2-202. Electors for President and Vice President.

The qualified voters of the Commonwealth shall choose the Commonwealth's electors for President and Vice President of the United States at the general election in November 1996, and every fourth year thereafter. Each voter shall vote for a number of electors which equals the whole number of senators and representatives to which the Commonwealth at that time is entitled in the Congress of the United States.

(Code 1950, § 24-7; 1970, c. 462, § 24.1-8; 1993, c. 641.)

Michie's Jurisprudence. - For related discussion, see 19 M.J. United States, § 3.

§ 24.2-203. Convening of electors; filling vacancies; how electors required to vote.

The electors shall convene at the capitol building in the capital city of the Commonwealth at 12:00 noon on the first Monday after the second Wednesday in December following their election. Those electors present shall immediately fill, by ballot and by a plurality of votes, any vacancy due to death, failure or inability to attend, refusal to act, or other cause. When all electors are present, or the vacancies have been filled, they shall proceed to perform the duties required of such electors by the Constitution and laws of the United States.

Electors selected by the state convention of any political party as defined in § 24.2-101 shall be required to vote for the nominees of the national convention to which the state convention elects delegates. Electors named in any petition of qualified voters as provided in § 24.2-543 shall be required to vote for the persons named for President and for Vice President in the petition.

(Code 1950, §§ 24-8, 24-9, 24-290.6; 1962, c. 536; 1970, c. 462, §§ 24.1-9, 24.1-162; 1993, c. 641; 2001, c. 630.)

The 2001 amendments. - The 2001 amendment by c. 630 substituted "required to vote" for "expected to vote" in two places in the second paragraph.

Law review. - For article, "Election Law," see 35 U. Rich. L. Rev. 575 (2001).

§ 24.2-204. Election of electors and meeting when Congress prescribes a different day.

If Congress establishes a different day for choosing electors, or appoints a different day for their meeting to give their votes, then the election shall be held and the meeting of the electors take place on those days.

(Code 1950, §§ 24-8, 24-9; 1962, c. 536; 1970, c. 462, § 24.1-9; 1993, c. 641.)

§ 24.2-205. Pay of electors.

Each elector shall receive the sum of fifty dollars per day while actually engaged in the discharge of his official duties and the same mileage as is allowed to members of the General Assembly.

(Code 1950, § 24-10; 1970, c. 462, § 24.1-10; 1976, c. 616; 1993, c. 641.)

§ 24.2-206. Election and term of United States Senators.

The qualified voters of the Commonwealth shall elect its members of the United States Senate at the general election held in November next preceding the expiration of each member's respective term of office, for terms of six years to begin on the January 3 following their election.

(Code 1950, § 24-1 ; 1970, c. 462, § 24.1-2; 1993, c. 641.)

§ 24.2-207. Filling vacancies in Senate.

When any vacancy occurs in the representation of the Commonwealth of Virginia in the United States Senate, the Governor shall issue a writ of election to fill the vacancy for the remainder of the unexpired term. The election shall be held on the next succeeding November general election date or, if the vacancy occurs within 120 days prior to that date, on the second succeeding November general election date. The Governor may make a temporary appointment to fill the vacancy until the qualified voters fill the same by election.

(Code 1950, § 24-2; 1970, c. 462, § 24.1-3; 1993, c. 641.)

§ 24.2-208. Election and term of members of House of Representatives.

The qualified voters of each congressional district shall elect one member of the United States House of Representatives at the general election in November 1994, and every second year thereafter, for the term of two years to begin on the January 3 following his election.

(Code 1950, § 24-5; 1970, c. 462, § 24.1-6; 1993, c. 641.)

§ 24.2-209. Filling vacancies in House of Representatives.

When any vacancy occurs in the representation of the Commonwealth of Virginia in the House of Representatives, or when a representative-elect dies or resigns, the Governor shall issue a writ of election to fill the vacancy. Upon receipt of written notification by a representative or representative-elect of his resignation as of a stated date, the Governor may immediately issue a writ to call the election. The representative's or representative-elect's resignation shall not be revocable after the date stated by him for his resignation or after the forty-fifth day before the date set for the special election.

(Code 1950, § 24-6; 1970, c. 462, § 24.1-7; 1983, c. 461; 1993, c. 641; 2003, c. 1015; 2010, cc. 449, 645.)

The 2003 amendments. - The 2003 amendment by c. 1015, inserted the last sentence.

The 2010 amendments. - The 2010 amendments by cc. 449 and 645 are identical, and substituted "forty-fifth day" for "thirtieth day."

§ 24.2-210. Election and term of Governor, Lieutenant Governor, and Attorney General.

The qualified voters of the Commonwealth shall elect the Governor, Lieutenant Governor, and Attorney General at the general election in November 1997, and every fourth year thereafter for terms of four years, to commence on the Saturday after the second Wednesday in January following their election.

The person having the highest number of votes for each office shall be declared elected. If two or more have the highest and an equal number of votes for an office, one of them shall be chosen for the office by a majority of the total membership of the General Assembly.

(Code 1950, §§ 24-148, 24-149; 1962, c. 536; 1970, c. 462, §§ 24.1-80, 24.1-81; 1971, Ex. Sess., cc. 119, 131; 1993, c. 641.)

Cross references. - As to contested election of these officers, see § 24.2-804 .

As to election and terms of office of the Governor and Lieutenant Governor, see Va. Const., Art. V, §§ 1, 2 and 13.

As to election of the Attorney General, see Va. Const., Art. V, § 15.

Michie's Jurisprudence. - For related discussion, see 9A M.J. Governor, § 2.

§ 24.2-211. Discharge of duties when office of Governor is vacant or Governor is disabled.

When the Governor-elect is disqualified, resigns, or dies following his election but prior to taking office, the Lieutenant Governor-elect shall succeed to the office of Governor for the full term. When the Governor-elect fails to assume office for any other reason, the Lieutenant Governor-elect shall serve as acting Governor.

Whenever the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Delegates his written declaration that he is unable to discharge the powers and duties of his office and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor.

Whenever the Attorney General, the President pro tempore of the Senate, and the Speaker of the House of Delegates, or a majority of the total membership of the General Assembly, transmit to the Clerk of the Senate and the Clerk of the House of Delegates their written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall immediately assume the powers and duties of the office as acting Governor.

Thereafter, when the Governor transmits to the Clerk of the Senate and the Clerk of the House of Delegates his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Attorney General, the President pro tempore of the Senate, and the Speaker of the House of Delegates, or a majority of the total membership of the General Assembly, transmit within four days to the Clerk of the Senate and the Clerk of the House of Delegates their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon the General Assembly shall decide the issue, convening within forty-eight hours for that purpose, if not already in session. If within twenty-one days after receipt of the latter declaration or, if the General Assembly is not in session, within twenty-one days after the General Assembly is required to convene, the General Assembly determines by three-fourths vote of the elected membership of each house of the General Assembly that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall become Governor; otherwise, the Governor shall resume the powers and duties of his office.

In the case of the removal of the Governor from office or in the case of his disqualification, death or resignation, the Lieutenant Governor shall become Governor.

If a vacancy exists in the office of Lieutenant Governor when the Lieutenant Governor is to succeed to the office of Governor or to serve as acting Governor, the Attorney General, if he is eligible to serve as Governor, shall succeed to the office of Governor for the unexpired term or serve as acting Governor. If the Attorney General is ineligible to serve as Governor, the Speaker of the House of Delegates, if he is eligible to serve as Governor, shall succeed to the office of Governor. If a vacancy exists in the office of the Speaker of the House of Delegates or if the Speaker of the House of Delegates is ineligible to serve as Governor, the House of Delegates shall convene and fill the vacancy.

(Code 1950, § 24-150; 1960, c. 488; 1970, c. 462, § 24.1-82; 1971, Ex. Sess., c. 165; 1993, c. 641.)

Cross references. - For succession to office of Governor, see Va. Const., Art. V, § 16.

Michie's Jurisprudence. - For related discussion, see 9A M.J. Governor, § 3.

§ 24.2-212. Discharge of duties when office of Lieutenant Governor vacant.

When a vacancy occurs in the office of Lieutenant Governor, the duties of that office shall be discharged by the President pro tempore of the Senate, but he shall not by reason thereof be deprived of his right to act and vote as a member of the Senate.

(Code 1950, § 24-152; 1970, c. 462, § 24.1-84; 1973, c. 30; 1993, c. 641.)

§ 24.2-213. Filling vacancy in office of Attorney General.

If a vacancy occurs in the office of Attorney General during the session of the General Assembly, the General Assembly shall fill the vacancy by a majority vote of the total membership. If a vacancy occurs during a recess of the General Assembly, the Governor shall appoint a successor to serve for the remainder of the unexpired term or until the end of thirty days after the commencement of the next session of the General Assembly, whichever happens first. At that next session, the General Assembly shall fill the vacancy by election by a majority vote of the total membership for the unexpired portion of the term.

(Code 1950, § 24-153; 1970, c. 462, § 24.1-85; 1993, c. 641.)

Cross references. - As to the chief deputy Attorney General serving as acting Attorney General until such time as the vacancy is filled pursuant to this section, see § 2.2-501 .

§ 24.2-214. Election and term of Senators.

The members of the Senate of Virginia shall be elected at the general election in November 1995, and every four years thereafter for terms of four years, to begin on the second Wednesday in January succeeding their election.

(Code 1950, § 24-13; 1970, c. 462, § 24.1-13; 1993, c. 641.)

Cross references. - For constitutional provision as to election of senators, see Va. Const., Art. IV, § 2.

§ 24.2-215. Election and term of members of the House of Delegates.

The members of the House of Delegates shall be elected at the general election in November 1995, and every two years thereafter for terms of two years, to begin on the second Wednesday in January succeeding their election.

(Code 1950, § 24-11; 1958, c. 333; 1970, c. 462, § 24.1-11; 1993, c. 641.)

Cross references. - For constitutional provision as to election of delegates, see Va. Const., Art. IV, § 3.

§ 24.2-216. Filling vacancies in the General Assembly.

When a vacancy occurs in the membership of the General Assembly during the recess of the General Assembly or when a member-elect to the next General Assembly dies, resigns, or becomes legally incapacitated to hold office prior to its meeting, the Governor shall issue a writ of election to fill the vacancy. If the vacancy occurs during the session of the General Assembly, the Speaker of the House of Delegates or the President pro tempore of the Senate, as the case may be, shall issue the writ unless the respective house by rule or resolution shall provide otherwise. Upon receipt of written notification by a member or member-elect of his resignation as of a stated date, the Governor, Speaker, or President Pro Tempore, as the case may be, may immediately issue the writ to call the election. The member's or member-elect's resignation shall not be revocable after the date stated by him for his resignation or after the forty-fifth day before the date set for the special election.

The writ shall be directed to the secretaries of the electoral boards and the general registrars of the respective counties and cities composing the district for which the election is to be held.

Notwithstanding any provision of law to the contrary, no election to fill a vacancy shall be ordered or held if the general or special election at which it is to be called is scheduled within 75 days of the end of the term of the office to be filled.

(Code 1950, § 24-16; 1970, c. 462, § 24.1-16; 1983, c. 461; 1993, c. 641; 2003, c. 1015; 2010, cc. 449, 645; 2016, cc. 18, 492.)

Cross references. - For constitutional provisions as to writs of election to fill vacancies, see Va. Const., Art. IV, § 7.

The 2003 amendments. - The 2003 amendment by c. 1015, added the last sentence in the first paragraph, and added the last paragraph.

The 2010 amendments. - The 2010 amendments by cc. 449 and 645 are identical, and substituted "forty-fifth day" for "thirtieth day" in the first paragraph.

The 2016 amendments. - The 2016 amendments by cc. 18 and 492 are identical, and inserted "and the general registrars" in the second paragraph.

§ 24.2-217. Election and terms of constitutional officers.

The qualified voters of each county shall elect a sheriff, an attorney for the Commonwealth, a treasurer, and a commissioner of the revenue at the general election in November 1995, and every four years thereafter unless a county has adopted an optional form of government which provides that the office be abolished or a county's charter so provides. The qualified voters of each city, unless its charter provides otherwise, shall elect a sheriff, an attorney for the Commonwealth, a treasurer, and a commissioner of the revenue at the general election in November 1997, and every four years thereafter. All shall hold office for a term of four years beginning the January 1 next succeeding their election.

The qualified voters of the several counties shall elect a clerk of the circuit court of the county at the general election in November 1999, and every eight years thereafter. The qualified voters of each city having a circuit court shall elect a clerk of the circuit court at the November 1995, general election and every eight years thereafter. They shall hold office for a term of eight years beginning the January 1 next succeeding their election.

If a county and city share any of the offices to which this section applies, the qualified voters of the city shall cast their votes for that office according to the schedule set forth above for counties.

(Code 1950, §§ 24-154, 24-155, 24-161, 24-162, 24-167; 1970, c. 462, §§ 24.1-86, 24.1-87; 1971, Ex. Sess., c. 119; 1979, c. 522; 1993, c. 641.)

Cross references. - For constitutional provision as to county and city officers, see Va. Const., Art. VII, § 4.

Michie's Jurisprudence. - For related discussion, see 3C M.J. Clerks of Court, § 1; 4A M.J. Commonwealth's and State's Attorney, § 3; 5A M.J. Counties, § 42; 13B M.J. Municipal Corporations, § 71; 16 M.J. Sheriffs, § 6.

§ 24.2-218. (Effective until January 1, 2022) Election and term of county supervisors.

The qualified voters of each county election district shall elect one or more supervisors at the general election in November 1995, and every four years thereafter for terms of four years, except as provided in § 24.2-219 or as provided by law for those counties having the optional form of government under the provisions of Article 2 (§ 15.2-702 et seq.) of Chapter 7 of Title 15.2.

(Code 1950, § 24-157; 1968, c. 639; 1970, c. 462, § 24.1-88; 1971, Ex. Sess., c. 265; 1973, c. 30; 1976, c. 616; 1981, c. 12; 1982, c. 650; 1993, c. 641.)

Section set out twice. - The section above is effective until January 1, 2022. For the version of this section effective January 1, 2022, see the following section, also numbered § 24.2-218 .

§ 24.2-218. (Effective January 1, 2022) Election and term of county supervisors.

1. The qualified voters of each county election district shall elect one or more supervisors at the general election in November 1995, and every four years thereafter for terms of four years, except as provided in § 24.2-219 or as provided by law for those counties having the optional form of government under the provisions of Article 2 (§ 15.2-702 et seq.) of Chapter 7 of Title 15.2.
2. Notwithstanding any other provision of law, general or special, in a county that imposes district-based or ward-based residency requirements for members of the board of supervisors, the member elected from each district or ward shall be elected by the qualified voters of that district or ward and not by the county at large.

   (Code 1950, § 24-157; 1968, c. 639; 1970, c. 462, § 24.1-88; 1971, Ex. Sess., c. 265; 1973, c. 30; 1976, c. 616; 1981, c. 12; 1982, c. 650; 1993, c. 641; 2021, Sp. Sess. I, c. 225.)

Section set out twice. - The section above is effective January 1, 2022. For the version of this section effective until January 1, 2022, see the preceding section, also numbered § 24.2-218 .

Editor's note. - Acts 2021, Sp. Sess. I, c. 225, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2022."

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 225, effective January 1, 2022, inserted the subsection A designation, and added subsection B.

§ 24.2-219. Alternative for biennial county supervisor elections and staggered terms.

1. The governing body of any county may by ordinance provide that the county board of supervisors be elected biennially for staggered four-year terms. In lieu of an ordinance by the board of supervisors, the registered voters of the county may file a petition with the circuit court of the county requesting that a referendum be held on the question of whether the county board of supervisors should be elected biennially for staggered four-year terms. The petition shall be signed by registered voters equal in number to at least ten percent of the number registered in the county on the January 1 preceding its filing. The court pursuant to §§ 24.2-682 and 24.2-684 shall order the election officials on a day fixed in the order to conduct a referendum on the question. The clerk of the court shall publish notice of the referendum in a newspaper having general circulation in the county once a week for four consecutive weeks and shall post a copy of the notice at the door of the courthouse of the county. The question on the ballot shall be: "Shall the members of the county board of supervisors be elected biennially for staggered four-year terms? [] Yes [] No" The referendum shall be held and the results certified as provided in § 24.2-684 .
2. If a majority of the voters voting in the referendum voted for biennial election of the members of the board of supervisors for staggered four-year terms, or if the governing body has so provided by ordinance, then the terms of supervisors elected at the next general election for supervisors shall be as follows:
   1. If the number of supervisors elected in the county is an even number, half of the successful candidates shall be elected for terms of four years and half of the successful candidates shall be elected for terms of two years; or
   2. If the number of supervisors in the county is an odd number, the smallest number of candidates which creates a majority of the elected supervisors shall be elected for terms of four years and all other successful candidates shall be elected for terms of two years. Unless the number of members who volunteer to take two-year terms exactly equals the number of two-year terms to be assigned, the electoral board of the county shall assign the individual terms of members by lot at its meeting on the day following the election and immediately upon certification of the results. However, the electoral board may assign individual terms of members by election district in a drawing at a meeting held prior to the last day for a person to qualify as a candidate, if the governing body of the county so directs by ordinance or resolution adopted at least thirty days prior to the last day for qualification and members are elected by district. In all elections thereafter all successful candidates shall be elected for terms of four years. In any county where the chairman of the board is elected from the county at large pursuant to § 15.2-503 or § 15.2-802 , the provisions of this section shall not affect that office. The chairman of the board shall be elected for a term of four years in 1995 and every four years thereafter.
3. If the representation on the board of supervisors among the election districts is reapportioned, or the number of districts is diminished or the boundaries of the districts are changed, elections shall be held in each new district at the general election next preceding the expiration of the term of the office of the member of the board representing the predecessor district of each new district. If the number of districts is increased, the electoral board shall assign a two-year or four-year term for each new district so as to maintain as equal as practicable the number of members to be elected at each biennial election.

   (Code 1950, § 24-157; 1968, c. 639; 1970, c. 462, § 24.1-88; 1971, Ex. Sess., c. 265; 1973, c. 30; 1976, c. 616; 1981, c. 12; 1982, c. 650; 1993, c. 641; 2011, c. 455.)

Editor's note. - Acts 1999, c. 89, cl. 1, effective March 15, 1999, provides: "Biennial election of county supervisors in Giles County; initial terms.

"In the event the board of supervisors of Giles County shall provide by ordinance for the election of supervisors biennially for staggered four-year terms pursuant to § 24.2-219 of the Code of Virginia, the board also may provide by ordinance, notwithstanding the provisions of subsection B of § 24.2-219 , that the initial terms of supervisors elected at the next general election for supervisors shall be as follows: (i) supervisors elected from election districts shall be elected for an initial term of four years and (ii) supervisors elected from the county at large shall be elected for an initial term of two years. Thereafter, all supervisors shall be elected for terms of four years.

"The provisions of this section shall be applicable to members of the county school board pursuant to § 24.2-223 of the Code of Virginia."

The 2011 amendments. - The 2011 amendment by c. 455, in the next-to-last paragraph in subsection B, added "Unless the number of members who volunteer to take two-year terms exactly equals the number of two-year terms to be assigned" in the first sentence and made a related change.

OPINIONS OF THE ATTORNEY GENERAL

Referendum. - County lacks the authority to conduct an advisory referendum regarding a proposed streetcar system. See opinion of Attorney General to The Honorable Patrick A. Hope, Member, House of Delegates, No. 14-065, 2014 Va. AG LEXIS 73 (11/6/14).

§ 24.2-220. Reversion to quadrennial elections.

The governing body of any county, by ordinance, may repeal an ordinance previously adopted to provide for the election of the board of supervisors biennially for staggered four-year terms and provide for the election of the board of supervisors quadrennially for four-year terms. The qualified voters of the county, by petition and referendum in accordance with the requirements and procedures set forth in § 24.2-219 , may repeal an ordinance of the board or a referendum previously adopted which authorized the election of the board of supervisors biennially for four-year terms. The question in the referendum to rescind shall be:

"Shall the members of the county board of supervisors be elected quadrennially for four-year terms?

[] Yes

[] No"

If a majority of the voters voting in the referendum voted for quadrennial election of the members of the board of supervisors for four-year terms, or if the governing body has so provided by ordinance, then the successors to those supervisors whose terms expire in 1995 or any fourth year thereafter shall be elected for a four-year term and immediate successors to those supervisors whose terms expire in 1993 or any fourth year thereafter shall be elected for a two-year term and all subsequent successors for a four-year term.

(Code 1950, § 24-157; 1968, c. 639; 1970, c. 462, § 24.1-88; 1971, Ex. Sess., c. 265; 1973, c. 30; 1976, c. 616; 1981, c. 12; 1982, c. 650; 1993, c. 641.)

OPINIONS OF THE ATTORNEY GENERAL

Referendum. - County lacks the authority to conduct an advisory referendum regarding a proposed streetcar system. See opinion of Attorney General to The Honorable Patrick A. Hope, Member, House of Delegates, No. 14-065, 2014 Va. AG LEXIS 73 (11/6/14).

§ 24.2-221. Time and frequency of referenda on election and term of supervisors.

A referendum as provided in § 24.2-219 or § 24.2-220 shall be held only in the year preceding the year in which a general election for supervisors is to be held. Once a referendum on either question is held, no further referendum on either question may be held in the county for a period of four years.

(Code 1950, § 24-157; 1968, c. 639; 1970, c. 462, § 24.1-88; 1971, Ex. Sess., c. 265; 1973, c. 30; 1976, c. 616; 1981, c. 12; 1982, c. 650; 1993, c. 641.)

§ 24.2-222. (Effective until January 1, 2022) Election and terms of mayor and council for cities and towns.

The qualified voters of each city and town shall elect a mayor, if so provided by charter, and a council for the terms provided by charter. Except as provided in § 24.2-222.1 , and notwithstanding any other provision of law, general or special: (i) any election of mayor or councilmen of a city or town whose charter provides for such elections at two-year or four-year intervals shall take place at the May general election of an even-numbered year and (ii) any election of mayor or councilmen of a city or town whose charter provides for such elections at one-year or three-year intervals shall take place at the general election in May of the years designated by charter. The persons so elected shall enter upon the duties of their offices on July 1 succeeding their election and remain in office until their successors have qualified.

(Code 1950, §§ 24-160, 24-168; 1970, c. 462, § 24.1-90; 1971, Ex. Sess., c. 119; 1972, c. 747; 1993, c. 641; 2000, c. 1045.)

Section set out twice. - The section above is effective until January 1, 2022. For the version of this section effective January 1, 2022, see the following section, also numbered § 24.2-222 .

Cross references. - As to titles, election, powers and duties of city and county officers, see Va. Const., Art. VII, § 4.

Editor's note. - Acts 1998, c. 713, cl. 1, effective April 16, 1998, provides: "Election of mayors and council members for certain towns.

"A. The qualified voters of the Towns of Dayton and Mount Crawford shall each elect a mayor, if provided for by charter, and a council, which shall be the governing body thereof, for the terms provided for by their charters. Notwithstanding the provisions of § 24.2-222 or any other provision of law, general or special, any election of a mayor or council members for such a town shall take place on the Tuesday after the first Monday in November of an even-numbered year, and the persons so elected shall enter upon the duties of their offices on the January 1 succeeding their elections and remain in office until their successors have qualified.

"B. In such towns:

"1. Any mayor or council member elected in 1994 for a four-year term, or in 1996 for a two-year term, shall hold office until his successor has qualified. His successor shall be elected on the Tuesday after the first Monday in November 1998 and, notwithstanding any charter provision to the contrary, shall take office on the January 1 following his election.

"2. Any mayor or council member elected in 1996 for a four-year term shall hold office until his successor has qualified. His successor shall be elected on the Tuesday after the first Monday in November 2000 and, notwithstanding any charter provision to the contrary, shall take office on the January 1 following his election.

"C. Notwithstanding the provisions of § 24.2-503 , candidates for town mayor or council subject to the provisions of this act shall file their written statements of qualification and economic interests pursuant to §§ 24.2-501 and 24.2-502 not later than 7:00 p.m. on the second Tuesday in June.

"D. Any county voting precinct established pursuant to § 24.2-307 which includes residents of such a town shall be wholly contained within the boundaries of the town. No such voting precinct shall include both such a town or portion thereof and county territory located outside the boundaries of the town."

Acts 1998, c. 713, cl. 3, effective April 16, 1998, provides: "That the provisions of this act shall be effective only for the 1998 elections for the affected towns. Elections in the affected towns on and after January 1, 1999, notwithstanding the provisions of § 1 of this act, shall be conducted in May in accordance with general law, and the term of any mayor or council member elected in November 1998 shall expire on June 30 following the May election of his successor."

The 2000 amendments. - The 2000 amendment by c. 1045, in the second sentence, added "Except as provided in § 24.2-222.1 , and" at the beginning of the sentence, and inserted "-year" following "two" in clause (i) and "one" in clause (ii).

Michie's Jurisprudence. - For related discussion, see 13B M.J. Municipal Corporations, §§ 20, 69, 71.

OPINIONS OF THE ATTORNEY GENERAL

Validity of referendum. - Whether a petition for a referendum to change municipal election dates is legally sufficient if it does not designate an election cycle as described in subsection B of § 24.2-222.1 , is a question for the court or authority pursuant to subdivision 9 of § 24.2-684.1 , which provides that the validity of a referendum petition must be decided by the court or authority. See opinion of Attorney General to The Honorable Kelly K. Convirs-Fowler, Member, House of Delegates, 18-068, 2019 Va. AG LEXIS 11 (5/17/19).

§ 24.2-222. (Effective January 1, 2022) Election and terms of mayor and council for cities and towns.

1. The qualified voters of each city and town shall elect a mayor, if so provided by charter, and a council for the terms provided by charter. Notwithstanding any other provision of law, general or special, in a city or town that imposes district-based or ward-based residency requirements for members of the city or town council, the member elected from each district or ward shall be elected by the qualified voters of that district or ward and not by the locality at large.
2. Except as provided in § 24.2-222.1 , and notwithstanding any other provision of law, general or special: (i) any election of mayor or councilmen of a city or town whose charter provides for such elections at two-year or four-year intervals shall take place at the May general election of an even-numbered year and (ii) any election of mayor or councilmen of a city or town whose charter provides for such elections at one-year or three-year intervals shall take place at the general election in May of the years designated by charter. The persons so elected shall enter upon the duties of their offices on July 1 succeeding their election and remain in office until their successors have qualified. (Code 1950, §§ 24-160, 24-168; 1970, c. 462, § 24.1-90; 1971, Ex. Sess., c. 119; 1972, c. 747; 1993, c. 641; 2000, c. 1045; 2021, Sp. Sess. I, c. 225.)

Section set out twice. - The section above is effective January 1, 2022. For the version of this section effective until January 1, 2022, see the preceding section, also numbered § 24.2-222 .

Cross references. - As to titles, election, powers and duties of city and county officers, see Va. Const., Art. VII, § 4.

Editor's note. - Acts 1998, c. 713, cl. 1, effective April 16, 1998, provides: "Election of mayors and council members for certain towns.

"A. The qualified voters of the Towns of Dayton and Mount Crawford shall each elect a mayor, if provided for by charter, and a council, which shall be the governing body thereof, for the terms provided for by their charters. Notwithstanding the provisions of § 24.2-222 or any other provision of law, general or special, any election of a mayor or council members for such a town shall take place on the Tuesday after the first Monday in November of an even-numbered year, and the persons so elected shall enter upon the duties of their offices on the January 1 succeeding their elections and remain in office until their successors have qualified.

"B. In such towns:

"1. Any mayor or council member elected in 1994 for a four-year term, or in 1996 for a two-year term, shall hold office until his successor has qualified. His successor shall be elected on the Tuesday after the first Monday in November 1998 and, notwithstanding any charter provision to the contrary, shall take office on the January 1 following his election.

"2. Any mayor or council member elected in 1996 for a four-year term shall hold office until his successor has qualified. His successor shall be elected on the Tuesday after the first Monday in November 2000 and, notwithstanding any charter provision to the contrary, shall take office on the January 1 following his election.

"C. Notwithstanding the provisions of § 24.2-503 , candidates for town mayor or council subject to the provisions of this act shall file their written statements of qualification and economic interests pursuant to §§ 24.2-501 and 24.2-502 not later than 7:00 p.m. on the second Tuesday in June.

"D. Any county voting precinct established pursuant to § 24.2-307 which includes residents of such a town shall be wholly contained within the boundaries of the town. No such voting precinct shall include both such a town or portion thereof and county territory located outside the boundaries of the town."

Acts 1998, c. 713, cl. 3, effective April 16, 1998, provides: "That the provisions of this act shall be effective only for the 1998 elections for the affected towns. Elections in the affected towns on and after January 1, 1999, notwithstanding the provisions of § 1 of this act, shall be conducted in May in accordance with general law, and the term of any mayor or council member elected in November 1998 shall expire on June 30 following the May election of his successor."

Acts 2021, Sp. Sess. I, c. 225, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2022."

The 2000 amendments. - The 2000 amendment by c. 1045, in the second sentence, added "Except as provided in § 24.2-222.1 , and" at the beginning of the sentence, and inserted "-year" following "two" in clause (i) and "one" in clause (ii).

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 225, effective January 1, 2022, inserted the subsection A designation, and added the second sentence in subsection A; and inserted the subsection B designation.

Michie's Jurisprudence. - For related discussion, see 13B M.J. Municipal Corporations, §§ 20, 69, 71.

OPINIONS OF THE ATTORNEY GENERAL

Validity of referendum. - Whether a petition for a referendum to change municipal election dates is legally sufficient if it does not designate an election cycle as described in subsection B of § 24.2-222.1 , is a question for the court or authority pursuant to subdivision 9 of § 24.2-684.1 , which provides that the validity of a referendum petition must be decided by the court or authority. See opinion of Attorney General to The Honorable Kelly K. Convirs-Fowler, Member, House of Delegates, 18-068, 2019 Va. AG LEXIS 11 (5/17/19).

§ 24.2-222.1. Alternative election of mayor and council at November general election in cities and towns.

1. Notwithstanding the provisions of § 24.2-222 , and notwithstanding any contrary provisions of a city or town charter, the council of a city or town may provide by ordinance that the mayor, if an elected mayor is provided for by charter, and council shall be elected at the November general election date of any cycle as designated in the ordinance, for terms to commence January 1. No such ordinance shall be adopted between January 1 and the May general election date of the year in which city or town elections regularly are scheduled to be held therein.
2. Alternatively, the registered voters of a city or town may file a petition with the circuit court of the city or of the county within which the town is located asking that a referendum be held on the question of whether the city or town should elect the mayor, if an elected mayor is provided for by charter, and council members at the November general election date of any cycle as designated in the petition. The petition shall be signed by registered voters equal in number to at least ten percent of the number registered in the city or town on the January 1 preceding the filing. The court, pursuant to § 24.2-684 , shall order the election officials on a day fixed in the order to conduct a referendum on the question, provided that no such referendum shall be scheduled between January 1 and the May general election date of the year in which city or town elections regularly are scheduled to be held therein. The clerk of the court shall publish notice of the referendum once a week for the three consecutive weeks prior to the referendum in a newspaper having general circulation in the city or town, and shall post a copy of the notice at the door of the courthouse of the city or county within which the town is located. The question on the ballot shall be: "Shall the (city or town) change the election date of the mayor (if so provided by charter) and members of council from the May general election to the November general election (in even-numbered or odd-numbered years or as otherwise designated in the petition)?" If members of the school board in the city or town are elected by the voters, the ballot question also shall state that the change in election date applies to the election of school board members. The referendum shall be held and the results certified as provided in § 24.2-684 . If a majority of the voters voting in the referendum vote in favor of the change, the mayor and council thereafter shall be elected at the November general election date for terms to commence January 1.
3. Except as provided in subsection D, no term of a mayor or member of council shall be shortened in implementing the change to the November election date. Mayors and members of council who were elected at a May general election and whose terms are to expire as of June 30 shall continue in office until their successors have been elected at the November general election and have been qualified to serve.
4. In any city or town that elects its council biennially or quadrennially and that changes to the November general election date in odd-numbered years from the May general election date in even-numbered years, mayors and members of council who were elected at a May general election shall have their term of office shortened by six months but shall continue in office until their successors have been elected at the November general election and have been qualified to serve.

   (2000, c. 1045; 2002, c. 30; 2016, c. 402.)

Editor's note. - Acts 2016, c. 402, cl. 2, as added by Acts 2017, c. 165, provides: "That the provisions of this act shall be retroactively effective beginning on July 1, 2000."

The 2002 amendments. - The 2002 amendment by c. 30 inserted "of any cycle as designated in the ordinance" near the end of the first sentence of subsection A; added "of any cycle as designated in the petition" at the end of the first sentence of the first paragraph of subsection B; added "(in even-numbered or odd-numbered years or as otherwise designated in the petition)" at the end of the third paragraph of subsection B; added "Except as provided in subsection D" at the beginning of subsection C; and added subsection D.

The 2016 amendments. - The 2016 amendment by c. 402 inserted "and notwithstanding any contrary provisions of a city or town charter" in subsection A.

OPINIONS OF THE ATTORNEY GENERAL

Validity of referendum. - Whether a petition for a referendum to change municipal election dates is legally sufficient if it does not designate an election cycle as described in subsection B of § 24.2-222.1 , is a question for the court or authority pursuant to subdivision 9 of § 24.2-684.1 , which provides that the validity of a referendum petition must be decided by the court or authority. See opinion of Attorney General to The Honorable Kelly K. Convirs-Fowler, Member, House of Delegates, 18-068, 2019 Va. AG LEXIS 11 (5/17/19).

§ 24.2-223. (Effective until January 1, 2022) Election and term of school board members.

In any county, city or town wherein members of the school board are elected, pursuant to Article 7 (§ 22.1-57.1 et seq.) of Chapter 5 of Title 22.1, elections shall be held to coincide with the election of members of the governing body at the regular general election in November or the regular general election in May, as the case may be. Elected school board members shall serve terms which are the same as those of the governing body, to commence on January 1 following their election or July 1 following their election, as the case may be.

(1993, c. 641; 2000, c. 1045.)

Section set out twice. - The section above is effective until January 1, 2022. For the version of this section effective January 1, 2022, see the following section, also numbered § 24.2-223 .

Editor's note. - Acts 1999, c. 89, cl. 1, effective March 15, 1999, provides: "Biennial election of county supervisors in Giles County; initial terms.

"In the event the board of supervisors of Giles County shall provide by ordinance for the election of supervisors biennially for staggered four-year terms pursuant to § 24.2-219 of the Code of Virginia, the board also may provide by ordinance, notwithstanding the provisions of subsection B of § 24.2-219 , that the initial terms of supervisors elected at the next general election for supervisors shall be as follows: (i) supervisors elected from election districts shall be elected for an initial term of four years and (ii) supervisors elected from the county at large shall be elected for an initial term of two years. Thereafter, all supervisors shall be elected for terms of four years.

"The provisions of this section shall be applicable to members of the county school board pursuant to § 24.2-223 of the Code of Virginia."

The 2000 amendments. - The 2000 amendment by c. 1045, in the first sentence, deleted "in a county" following "November," and substituted "as the case may be" for "in a city or town" at the end of the sentence; in the second sentence, deleted "in a county" preceding "or July," and substituted "as the case may be" for "in a city or town" at the end of the sentence; and deleted the former last sentence, referring to elections prior to 1994.

§ 24.2-223. (Effective January 1, 2022) Election and term of school board members.

In any county, city or town wherein members of the school board are elected, pursuant to Article 7 (§ 22.1-57.1 et seq.) of Chapter 5 of Title 22.1, elections shall be held to coincide with the election of members of the governing body at the regular general election in November or the regular general election in May, as the case may be. Elected school board members shall serve terms that are the same as those of the governing body, to commence on January 1 following their election or July 1 following their election, as the case may be.

Notwithstanding any other provision of law, general or special, in a locality that imposes district-based or ward-based residency requirements for members of the school board, the member elected from each district or ward shall be elected by the qualified voters of that district or ward and not by the locality at large.

(1993, c. 641; 2000, c. 1045; 2021, Sp. Sess. I, c. 225.)

Section set out twice. - The section above is effective January 1, 2022. For the version of this section effective until January 1, 2022, see the preceding section, also numbered § 24.2-223 .

Editor's note. - Acts 1999, c. 89, cl. 1, effective March 15, 1999, provides: "Biennial election of county supervisors in Giles County; initial terms.

"In the event the board of supervisors of Giles County shall provide by ordinance for the election of supervisors biennially for staggered four-year terms pursuant to § 24.2-219 of the Code of Virginia, the board also may provide by ordinance, notwithstanding the provisions of subsection B of § 24.2-219 , that the initial terms of supervisors elected at the next general election for supervisors shall be as follows: (i) supervisors elected from election districts shall be elected for an initial term of four years and (ii) supervisors elected from the county at large shall be elected for an initial term of two years. Thereafter, all supervisors shall be elected for terms of four years.

"The provisions of this section shall be applicable to members of the county school board pursuant to § 24.2-223 of the Code of Virginia."

Acts 2021, Sp. Sess. I, c. 225, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2022."

The 2000 amendments. - The 2000 amendment by c. 1045, in the first sentence, deleted "in a county" following "November," and substituted "as the case may be" for "in a city or town" at the end of the sentence; in the second sentence, deleted "in a county" preceding "or July," and substituted "as the case may be" for "in a city or town" at the end of the sentence; and deleted the former last sentence, referring to elections prior to 1994.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 225, effective January 1, 2022, added the second paragraph; and made stylistic changes.

§ 24.2-224. Local elections not otherwise provided for.

The election to any public office required to be filled by the qualified voters of any county, city, town, or election district for which an election time is not provided by law shall be held at the general election immediately preceding the time provided for the term of such office to commence.

(Code 1950, § 24-143; 1970, c. 462, § 24.1-74; 1993, c. 641.)

§ 24.2-225. Applicability.

This article applies to vacancies in any elected constitutional or local office if there is no other statutory or charter provision for filling a vacancy in the office. Further provisions within this article which specifically override other statutory or charter provisions shall prevail.

(Code 1950, § 24-145; 1958, c. 621; 1970, c. 462, § 24.1-76; 1975, c. 515; 1976, c. 616; 1977, c. 490; 1984, c. 480; 1993, c. 641.)

Michie's Jurisprudence. - For related discussion, see 3C M.J. Clerks of Court, § 8; 5A M.J. Counties, §§ 40, 42.

§ 24.2-226. Election to fill vacancy.

1. A vacancy in any elected local office, whether occurring when for any reason an officer-elect does not take office or occurring after an officer begins his term, shall be filled as provided by § 24.2-228 or for constitutional officers as provided in § 24.2-228.1 , or unless provided otherwise by statute or charter requiring special elections within the time limits provided in this title. The governing body or, in the case of an elected school board, the school board of the county, city, or town in which the vacancy occurs shall, within 15 days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy as set forth in Article 5 (§ 24.2-681 et seq.) of Chapter 6. Either upon receipt of the petition or on its own motion, the court shall issue the writ ordering the election promptly and shall order the special election to be held on the date of the next general election in November or in May if the vacant office is regularly scheduled by law to be filled in May. However, if the governing body or the school board requests in its petition a different date for the election, the court shall order the special election be held on that date, so long as the date requested precedes the date of such next general election and complies with the provisions of § 24.2-682 . If the vacancy occurs within 90 days of the next such general election and the governing body or the school board has not requested in its petition a different date for the election, the special election shall be held on the date of the second such general election. Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body or school board, as the case may be, may immediately petition the circuit court to issue a writ of election, and the court may immediately issue the writ to call the election. The officer's or officer-elect's resignation shall not be revocable after the date stated by him for his resignation or after the forty-fifth day before the date set for the special election. The person so elected shall hold the office for the remaining portion of the regular term of the office for which the vacancy is being filled.
2. Notwithstanding any provision of law or charter to the contrary, no election to fill a vacancy shall be ordered or held if the general election at which it is to be called is scheduled within 60 days of the end of the term of the office to be filled.
3. Notwithstanding any provision of law or charter to the contrary, when an interim appointment to a vacancy in any governing body or elected school board has been made by the remaining members thereof, no election to fill the vacancy shall be ordered or held if the general election at which it is to be called is scheduled in the year in which the term expires.

   (Code 1950, §§ 24-145, 24-147.1; 1958, c. 621; 1970, c. 462, §§ 24.1-76, 24.1-79; 1975, c. 515; 1976, c. 616; 1977, c. 490; 1984, c. 480; 1993, c. 641; 1996, c. 873; 2000, cc. 787, 1045, 1070; 2003, c. 1015; 2010, cc. 431, 449, 645; 2011, c. 206; 2014, c. 476.)

The 2000 amendments. - The 2000 amendments by cc. 787, 1045, and 1070 are identical, and in the first sentence in subsection A, deleted "constitutional or" following "elected" near the beginning of the sentence, and inserted "or for constitutional officers as provided in § 24.2-228.1 "; in the third sentence in subsection A, deleted "officers and city constitutional officers" following "county," and inserted "or town officers regularly elected in November," following "city."

Acts 2000, cc. 787 and 1045 are effective October 1, 2000. Acts 2000, c. 1045 is effective July 1, 2000. Hence the changes are treated as not postponed.

The 2003 amendments. - The 2003 amendment by c. 1015, in subsection A, substituted "15" for "fifteen" in the second sentence, and inserted the fifth and sixth sentences; and substituted "60" for "sixty" in subsection B.

The 2010 amendments. - The 2010 amendment by c. 431, in subsection A, in the first sentence, substituted "as provided" for "by special election except as provided for certain towns" and inserted "requiring special elections within the time limits provided in this title," in the third sentence, substituted "promptly, which shall be no later than the next general election unless the vacancy occurs within 90 days of the next general election in which event it shall be held promptly but no later than the second general election" for "for the next ensuing general election to be held in November in the case of county, city, or town officers regularly elected in November, or in May in the case of other city and town officers" and deleted the fourth sentence, which read: "If the vacancy occurs within 120 days prior to that election, however, the writ shall order the election to be held at the second ensuing such general election."

The 2010 amendments by cc. 449 and 645 are identical, and substituted "forty-fifth day" for "thirtieth day" in subsection A.

The 2011 amendments. - The 2011 amendment by c. 206, in the third sentence in subsection A, inserted "in November, or in May if the vacant office is regularly scheduled by law to be filled at that time" and twice inserted "such" preceding "general election."

The 2014 amendments. - The 2014 amendment by c. 476 in subsection A substituted "and shall order the special election to be held on the date of" for "which shall be no later than," "in May. However, if the governing body or the school board requests in its petition a different date for the election, the court shall order the special election be held on that date, so long as the date requested precedes the date of such next general election and complies with the provisions of § 24.2-682 " for "at that time," "If" for "unless," inserted "and the governing body or the school board has not requested in its petition a different date for the election, the special election shall be held on the date of," and deleted "in which event it shall be held promptly but no later than" preceding "the second such general election."

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 34.

Editor's note. - The cases cited below were decided under former law corresponding to this section.

§ 24.2-227. Interim appointment by court until vacancy filled by election for certain offices.

When a vacancy occurs in any local elected office other than a constitutional office, local governing body, or an elected school board, a majority of the judges of the judicial circuit for the county or city in which it occurs shall make an interim appointment to the office until the vacancy can be filled by special election. The senior judge shall make the appointment if a majority of the judges cannot agree. The chief or senior deputy, if there is one in the office, shall perform all the duties of the office until the person appointed to fill the vacancy has qualified. The person so appointed shall hold office until the qualified voters fill the vacancy by election and the person so elected has qualified.

(Code 1950, § 24-145; 1958, c. 621; 1970, c. 462, § 24.1-76; 1975, c. 515; 1976, c. 616; 1977, c. 490; 1984, c. 480; 1993, c. 641; 1996, c. 873; 2000, cc. 787, 1070.)

Cross references. - As to conditions and procedures for special elections to fill vacancies in constitutional offices, see § 24.2-228.1 .

The 2000 amendments. - The 2000 amendments by cc. 787 and 1070, and effective October 1, 2000, are identical, and in the first sentence, deleted "constitutional or" preceding "local elected" and inserted "constitutional office" preceding "local governing."

Michie's Jurisprudence. - For related discussion, see 15 M.J. Public Officers, § 28.

CIRCUIT COURT OPINIONS

Candidate lacked intent to become resident. - Candidate elected to city council as a representative of the beach district was not eligible to run for the seat where, considering the testimony, credibility of the witnesses, exhibits, and applicable law, the candidate did not have the intent to establish residency at an apartment in the district, but only intended to acquire an address in order to run for city council as a representative of the district. As a result, in accordance with § 24.2-812 , there had been no valid election of any person, the election of the candidate was void, and the vacancy was to be filled in conformity with §§ 24.2-226 and 24.2-227 . Uhrin v. Nygaard, 101 Va. Cir. 252, 2019 Va. Cir. LEXIS 54 (Virginia Beach Mar. 5, 2019).

§ 24.2-228. Interim appointment to local governing body or elected school board; elected mayor.

1. When a vacancy occurs in a local governing body or an elected school board, the remaining members of the body or board, respectively, within 45 days of the office becoming vacant, may appoint a qualified voter of the election district in which the vacancy occurred to fill the vacancy. If a majority of the remaining members of the body or board cannot agree, or do not act, the judges of the circuit court of the county or city may make the appointment. Notwithstanding any charter provisions to the contrary, the person so appointed shall hold office only until the qualified voters fill the vacancy by special election pursuant to § 24.2-682 and the person so elected has qualified. Any person so appointed shall hold office the same as an elected person and shall exercise all powers of the elected office. If a majority of the seats on any governing body or elected school board are vacant, the remaining members shall not make interim appointments and the vacancies shall be filled as provided in § 24.2-227 .
2. When a vacancy occurs in the office of a mayor who is elected by the voters, the council shall make an interim appointment to fill the vacancy as provided in subsection A.
3. For the purposes of this article and subsection D of § 22.1-57.3, local school boards comprised of elected and appointed members shall be deemed elected school boards.
4. The failure of a member of a local governing body or elected school board or mayor to take the oath of office required by § 49-1 before attending the first meeting of the governing body or school board held after his election shall not be deemed to create a vacancy in his office provided that he takes the oath within 30 days after that first meeting. (1975, c. 515, § 24.1-76.1; 1993, c. 641; 1996, c. 873; 1999, c. 128; 2010, cc. 431, 624; 2011, c. 78.)

The 1999 amendment substituted "forty-five days" for "thirty days" in the first sentence in subsection A.

The 2010 amendments. - The 2010 amendment by c. 431, in subsection A, substituted "may" for "shall" twice, substituted "Notwithstanding any charter provisions to the contrary, the person" for "the person," deleted "in a county or city, or a town with a population greater than 3,500" following "person so appointed," inserted "only" following "shall hold office," substituted " § 24.2-682 " for " § 24.2-226 ," deleted the last sentence, which read: "The person so appointed in a town with a population of 3,500 or less shall serve for the remainder of the term and no special election shall be held," and made a minor stylistic change.

The 2010 amendment by c. 624, in subsection A, added the last sentence in the first paragraph and made a minor stylistic change.

The 2011 amendments. - The 2011 amendment by c. 78 added subsection D.

Law review. - For annual survey article, "Election Law and Government," see 46 U. Rich. L. Rev. 119 (2011).

Michie's Jurisprudence. - For related discussion, see 5A M.J. Counties, § 34.

OPINIONS OF THE ATTORNEY GENERAL

In the case of call to active military duty of a member of a county board of supervisors, this section and § 24.2-226 do not require that a special election be held at the next general election. See opinion of Attorney General to Mr. Darvin E. Satterwhite, County Attorney for Cumberland County, 04-016 (3/22/04).

Filling vacancy in town council. - Under a charter providing that the town council "may fill any vacancy that occurs in the membership of the council," the council is authorized to appoint an individual to serve the remaining years of an unexpired term; however, the council is not authorized to appoint such individual when the vacancy has existed for more than forty-five days. In such case, pursuant to § 24.2-226 , the council may petition the circuit court to issue a writ of election to fill the vacancy in an election that complies with the requirements of Article VII, § 5 of the Virginia Constitution See opinion of Attorney General to The Honorable Clifford L. "Clay" Athey, Jr., Member, House of Delegates 08-092 (12/3/08).

An individual appointed to serve an unexpired term on the town council is not an elected member as that term is used in Title 15.2. See opinion of Attorney General to The Honorable Clifford L. "Clay" Athey, Jr., Member, House of Delegates 08-092 (12/3/08).

Vacancy in the office of mayor. - In the context of a recall election for which one or more candidates meet the requirements to be listed on the recall ballot for possible election to the city office that is the subject of the recall, a possible vacancy in that office would be filled pursuant to the recall provisions of the city charter. See opinion of Attorney General to The Honorable L. Louise Lucas, Member, Senate of Virginia, 10-054, 2010 Va. AG LEXIS 34 (6/25/10).

School Board member called to active duty. - School board member who is a reserve military officer being called into active service for a temporary deployment does not have the right to determine whether an appointment will be made to fill his temporarily vacant position, nor the right of approval over a temporary replacement. See opinion of Attorney General to The Honorable Richard H. Stuart, Member, Senate of Virginia, 16-049, 2016 Va. AG LEXIS 31 (12/9/16).

Vacancy due to military duty. - In the case of a vacancy due to a call of active military duty, the appropriate appointing government body has the duty and authority to fill the vacancy with a temporary replacement until the departing official can return from deployment and complete the remainder of the term he/she was elected. See opinion of Attorney General to the Honorable Rich H. Stuart, member Senate of Virginia, 16-049, 2016 Va. AG LEXIS 31 (12/9/16).

§ 24.2-228.1. Election to fill vacancy in constitutional office.

1. Notwithstanding any provision of a charter to the contrary, a vacancy in any elected constitutional office, whether occurring when for any reason an officer-elect does not take office or occurring after an officer begins his term, shall be filled by special election, except as provided in subsection B. Within 15 days of the occurrence of the vacancy, the governing body of the county or city in which the vacancy occurs shall petition the circuit court to issue a writ of election to fill the vacancy as set forth in Article 5 (§ 24.2-681 et seq.) of Chapter 6. Either upon receipt of the petition or on its own motion, the court shall promptly issue the writ ordering the election for a date determined pursuant to § 24.2-682 . However, the governing body may request in its petition that the special election be held on the date of the next general election in November, and the court may order the special election to be held on that date.
2. If a vacancy in any elected constitutional office occurs within the 12 months immediately preceding the end of the term of that office, the governing body may petition the circuit court to request that no special election be ordered. Upon receipt of such petition, the court shall grant such request. The highest ranking deputy officer, or in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth, who is qualified to vote for and hold that office, shall be vested with the powers and shall perform all of the duties of the office, and shall be entitled to all the privileges and protections afforded by law to elected or appointed constitutional officers, for the remainder of the unexpired term.
3. Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body may immediately petition the circuit court to issue a writ of election, and the court may immediately issue the writ to call the election. The officer's or officer-elect's resignation shall not be revocable after the date stated by him for his resignation or after the thirtieth day before the date set for the special election.
4. Notwithstanding the provisions of subsection A, a vacancy in any elected constitutional office in any county or city with a population of 15,000 or less, or shared by two or more units of government with a combined population of 15,000 or less, shall be filled by a special election ordered by the court to be held at the next ensuing general election to be held in November. If the vacancy occurs within 90 days prior to that election, however, the writ shall order the election to be held at the second ensuing such general election.
5. Notwithstanding any provision of law to the contrary, no election to fill a vacancy shall be ordered or held if the general election at which it is to be called is scheduled within 60 days of the end of the term of the office to be filled.
6. Notwithstanding any provision of a charter to the contrary, the highest ranking deputy officer, or in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth, if there is such a deputy or assistant in the office, who is qualified to vote for and hold that office, shall be vested with the powers and shall perform all of the duties of the office, and shall be entitled to all the privileges and protections afforded by law to elected or appointed constitutional officers, until the qualified voters fill the vacancy by election and the person so elected has qualified and taken the oath of office. In the event that (i) there is no deputy officer or full-time assistant attorney for the Commonwealth in the office or (ii) the highest-ranking deputy officer or assistant attorney for the Commonwealth declines to serve, the court shall make an interim appointment to fill the vacancy pursuant to § 24.2-227 until the qualified voters fill the vacancy by election and the person so elected has qualified and taken the oath of office.
7. The absence from the county or city of a constitutional officer by reason of his service in the Armed Forces of the United States shall not be deemed to create a vacancy in the office without a written notification by the officer of his resignation from the office. Notwithstanding any other provision of law, including § 19.2-156 , the power to relieve a constitutional officer of the duties or powers of his office or position during the period of such absence shall remain the sole prerogative of the constitutional officer unless expressly waived by him in writing. (2000, cc. 787, 1070; 2003, c. 1015; 2006, cc. 120, 253; 2009, c. 157; 2011, c. 599; 2015, c. 648; 2016, cc. 453, 511.)

The 2003 amendments. - The 2003 amendment by c. 1015, in subsection A, substituted "15" for "fifteen" in the second sentence, and inserted the last two sentences; and substituted "60" for "sixty" in subsection C.

The 2006 amendments. - The 2006 amendment by c. 120 added subsection D.

The 2006 amendment by c. 253 inserted "Notwithstanding any provision of a charter to the contrary" at the beginning of subsection A.

The 2009 amendments. - The 2009 amendment by c. 157, effective March 16, 2009, added the last two sentences in subsection A.

The 2011 amendments. - The 2011 amendment by c. 599, in subsection A, deleted "of this title" from the end of the second sentence, and substituted "90 days" for "120 days" in the last sentence.

The 2015 amendments. - The 2015 amendment by c. 648 substituted "filled by" for "held at" in the sixth sentence of subsection A and added "Notwithstanding any provision of a charter to the contrary" at the beginning of subsection B.

The 2016 amendments. - The 2016 amendments by cc. 453 and 511 are identical, and in subsection A, inserted the exception in the first sentence, transferred "within 15 days of the occurrence of the vacancy" formerly preceding "petition" in the second sentence to the beginning of that sentence and added the last sentence; added subsection B, redesignated and transferred former subsection C as subsection E, inserted the subsection C and D designations, and made related changes; in subsection D, substituted "provisions of subsection A" for "foregoing provisions" in the first sentence; in subsection F, inserted "who is qualified to vote for and hold that office."

Law review. - For 2006 survey article, "Election Law," see 41 U. Rich. L. Rev. 121 (2006).

Michie's Jurisprudence. - For related discussion, see 4A M.J. Commonwealth's and State's Attorney, § 3.

OPINIONS OF THE ATTORNEY GENERAL

Nonresident officer. - When the powers of a vacant constitutional office are assumed by the highest ranking deputy within the office as provided by subsection B [now subsection F] of § 24.2-228.1 , the deputy need not be a resident of the locality of service. See opinion of Attorney General to The Honorable Rex A. Davis, Clerk of Court, Newport News Circuit Court, No. 14-045, 2014 Va. AG LEXIS 61 (11/13/14).

Definition of constitutional officer. - A member of a local school board is not considered a constitutional officer. See opinion of Attorney General to the Honorable Rich H. Stuart, member Senate of Virginia, 16-049, 2016 Va. AG LEXIS 31 (12/9/16).

§ 24.2-229. Appointees to qualify and give bond in thirty days.

All officers appointed to fill vacancies shall qualify and give bond, if bond is required, within thirty days after their appointment in like manner as provided in §§ 15.2-1522 and 15.2-1523 for the qualification of such officers when elected by the people.

(Code 1950, § 24-146; 1970, c. 462, § 24.1-77; 1975, c. 515; 1993, c. 641.)

§ 24.2-229.1. Legitimacy of votes by appointees.

All votes cast prior to July 1, 2010, by persons duly appointed to fill a vacancy pursuant to this article, including votes appropriating money in excess of $500, imposing taxes, or authorizing the borrowing of moneys, are hereby validated and confirmed as the lawful vote of an elected member of the governing body.

(2010, c. 624.)

§ 24.2-230. Applicability of article; certain exceptions.

This article shall apply to all elected or appointed Commonwealth, constitutional, and local officers, except officers for whose removal the Constitution of Virginia specifically provides.

However, an appointed officer shall be removed from office only by the person or authority who appointed him unless he is sentenced for a crime as provided for in § 24.2-231 or is determined to be "mentally incompetent" as provided for in § 24.2-232 . This exception shall not apply to an officer who is (i) appointed to fill a vacancy in an elective office or (ii) appointed to an office for a term established by law and the appointing person or authority is not given the unqualified power of removal.

This article shall be applicable to members of local electoral boards and general registrars, but shall not be applicable to assistant registrars who may be removed from office by the general registrar pursuant to § 24.2-112 or to officers of election who may be removed from office by the local electoral board pursuant to § 24.2-109 .

(1975, cc. 515, 595, §§ 24.1-79.1, 24.1-79.2; 1993, c. 641; 1998, c. 582; 2004, cc. 27, 391.)

Cross references. - As to applicability of this article to the board of directors of the Virginia Commercial Space Flight Authority, see § 2.2-2203 .

As to removal of judges, see § 17.2-900 et seq.

Editor's note. - Acts 2004, cc. 27 and 391, cl. 2 provides: "That the terms of office of general registrars serving on the effective date of this act shall be extended to midnight June 30, 2007."

The 2004 amendments. - The 2004 amendments by cc. 27 and 391 are identical, and added the last paragraph.

OPINIONS OF THE ATTORNEY GENERAL

Fort Monroe Authority Board of Trustees members hold public office. - Because there is no available exemption to the prohibitions of Article VII, § 6 of the Constitution of Virginia and § 15.2-1535 , neither the Mayor, Vice Mayor, nor any other city council member may be appointed by the city council to serve as a member of the Fort Monroe Authority Board. Members of the Fort Monroe Authority Board, as individuals holding public office, stand in a fiduciary relationship with the authority and thus are subject to the common-law duties of loyalty, care, obedience, and disclosure that are generally applicable to those in such a fiduciary relationship. A board member who fails to fulfill his lawful duties may be removed from office in accordance with the board's bylaws and applicable law. See opinion of Attorney General to the Honorable S. Chris Jones, Member, House of Delegates, 13-009, 2013 Va. AG LEXIS 23 (4/12/13).

Removal of local elected officers. - Charter that allows the town council to expel a member by a two-thirds vote, is a constitutional exercise of legislative power. Sections 24.2-230 through 24.2-238 , which relate to the removal of local elected officers, do not supersede this provision of the charter. Further, the mayor may not vote in expulsion proceedings, and the concurrence of two-thirds of all council members eligible to vote is required in order to remove a council member. See opinion of Attorney General to Martin Crim, Esquire, Town Attorney for the Town of Haymarket, No. 13-112, 2014 Va. AG LEXIS 25 (7/18/14).

§ 24.2-231. Forfeiture of office by person sentenced for commission of certain crimes.

Any person holding any public office of honor, profit, or trust in this Commonwealth who is convicted of a felony or any offense for which registration is required as defined in § 9.1-902 and for whom all rights of appeal under Virginia law have expired, shall by such final conviction forfeit his office or post and thereafter may not act therein under his previous election or appointment. A pardon which may be afterwards granted him shall not void the forfeiture.

(Code 1950, § 2.1-36; 1966, c. 677; 1975, cc. 515, 595, § 24.1-79.3; 1993, c. 641; 2007, c. 175.)

The 2007 amendments. - The 2007 amendment by c. 175 inserted "or any offense for which registration is required as defined in § 9.1-902 " and substituted "under Virginia law have expired" for "have terminated."

§ 24.2-232. Vacancy occurring when officer determined "mentally incompetent" (incapacitated).

A person who is determined to be incapacitated in a judicial proceeding as provided for in Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 shall be deemed for purposes of Article II, Section 1 of the Constitution of Virginia and this title to be "mentally incompetent" as that term is used in those provisions. The office of any person who is so determined to be incapacitated, shall become vacant and the vacancy filled in the manner provided by law. Notwithstanding the provisions of Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2, however, any officer shall have a jury trial unless it is waived by him or for him by his counsel of record.

(1975, cc. 515, 595, § 24.1-79.4; 1993, c. 641; 1997, c. 921; 1998, c. 582.)

Editor's note. - At the direction of the Virginia Code Commission, the two references to "Chapter 10 ( § 37.2-1000 et seq.) of Title 37.2" were changed to "Chapter 20 ( § 64.2-2000 et seq.) of Title 64.2" to conform to the recodification of Title 64.1 and Chapter 10 of Title 37.2 by Acts 2012, c. 614, effective October 1, 2012.

§ 24.2-233. (Effective until January 1, 2024) Removal of elected and certain appointed officers by courts.

Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court:

1. For neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office;
2. Upon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the:
   1. Manufacture, sale, gift, distribution, or possession with intent to manufacture, sell, give, or distribute a controlled substance or marijuana;
   2. Sale, possession with intent to sell, or placing an advertisement for the purpose of selling drug paraphernalia; or
   3. Possession of any controlled substance or marijuana and such conviction under subdivision a, b, or c has a material adverse effect upon the conduct of such office;
3. Upon conviction, and after all rights of appeal have terminated, of a misdemeanor involving a "hate crime" as that term is defined in § 52-8.5 when the conviction has a material adverse effect upon the conduct of such office; or
4. Upon conviction, and after all rights of appeal have terminated, of sexual battery in violation of § 18.2-67.4 , attempted sexual battery in violation of subsection C of § 18.2-67.5 , peeping or spying into dwelling or enclosure in violation of § 18.2-130 , consensual sexual intercourse with a child 15 years of age or older in violation of § 18.2-371 , or indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387 , and such conviction has a material adverse effect upon the conduct of such office. The petition must be signed by a number of registered voters who reside within the jurisdiction of the officer equal to ten percent of the total number of votes cast at the last election for the office that the officer holds. Any person removed from office under the provisions of subdivision 2, 3, or 4 may not be subsequently subject to the provisions of this section for the same criminal offense. (1975, cc. 515, 595, § 24.1-79.5; 1989, c. 470; 1993, c. 641; 2002, cc. 588, 623; 2011, cc. 384, 410; 2014, cc. 566, 674, 719.)

Section set out twice. - The section above is effective until January 1, 2024. For the version of this section effective January 1, 2024, see the following section, also numbered § 24.2-233 .

Cross references. - As to punishment for misdemeanors, see § 18.2-11 .

Editor's note. - Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 4 provides: "4. That, except as provided in the fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-third, twenty-fourth, twenty-fifth, and twenty-sixth enactments of this act, the provisions of this act shall become effective on January 1, 2024."

The 2002 amendments. - The 2002 amendment by cc. 588 and 623 are identical, and substituted "'hate crime'" for "'terrorist act'" in subdivision 3; and substituted "that" for "which" in the next-to-last paragraph.

The 2011 amendments. - The 2011 amendments by cc. 384 and 410, effective March 23, 2011, are identical, and inserted "synthetic cannabinoids as defined in § 18.2-248.1:1 " and made a related change in subdivisions 2 a and 2 c.

The 2014 amendments. - The 2014 amendment by c. 566 added subdivision 4 and made related changes.

The 2014 amendments by cc. 674 and 719 are identical, and deleted "synthetic cannabinoids as defined in § 18.2-248.1:1 " following "marijuana" in subdivisions 2 a and 2 c; in subdivision 2 c inserted "subdivision"; and made stylistic changes.

§ 24.2-233. (Effective January 1, 2024) Removal of elected and certain appointed officers by courts.

Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court:

1. For neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office;
2. Upon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the:
   1. Manufacture, sale, gift, distribution, or possession with intent to manufacture, sell, give, or distribute a controlled substance;
   2. Sale, possession with intent to sell, or placing an advertisement for the purpose of selling drug paraphernalia; or
   3. Possession of any controlled substance and such conviction under subdivision a, b, or c has a material adverse effect upon the conduct of such office;
3. Upon conviction, and after all rights of appeal have terminated, of a misdemeanor involving a "hate crime" as that term is defined in § 52-8.5 when the conviction has a material adverse effect upon the conduct of such office; or
4. Upon conviction, and after all rights of appeal have terminated, of sexual battery in violation of § 18.2-67.4 , attempted sexual battery in violation of subsection C of § 18.2-67.5 , peeping or spying into dwelling or enclosure in violation of § 18.2-130 , consensual sexual intercourse with a child 15 years of age or older in violation of § 18.2-371 , or indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387 , and such conviction has a material adverse effect upon the conduct of such office. The petition must be signed by a number of registered voters who reside within the jurisdiction of the officer equal to 10 percent of the total number of votes cast at the last election for the office that the officer holds. Any person removed from office under the provisions of subdivision 2, 3, or 4 may not be subsequently subject to the provisions of this section for the same criminal offense. (1975, cc. 515, 595, § 24.1-79.5; 1989, c. 470; 1993, c. 641; 2002, cc. 588, 623; 2011, cc. 384, 410; 2014, cc. 566, 674, 719; 2021 Sp. Sess. I, cc. 550, 551.)

Section set out twice. - The section above is effective January 1, 2024. For the version of this section effective until January 1, 2024, see the preceding section, also numbered § 24.2-233 .

Cross references. - As to punishment for misdemeanors, see § 18.2-11 .

Editor's note. - Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 4 provides: "4. That, except as provided in the fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-third, twenty-fourth, twenty-fifth, and twenty-sixth enactments of this act, the provisions of this act shall become effective on January 1, 2024."

Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 7 provides: "7. That, except for (i) the provisions of Article 29 ( § 2.2-2499.1 et seq.) of Chapter 24 of Title 2.2 of the Code of Virginia, as created by this act, §§ 4.1-600 through 4.1-628 , 4.1-1100 , 4.1-1101 , 4.1-1101.1 , 4.1-1105.1 , 4.1-1107 through 4.1-1110 , 4.1-1112 , 4.1-1120 , 4.1-1121 , and 4.1-1302 of the Code of Virginia, as created by this act, Chapter 15 ( § 4.1-1500 et seq.) of Title 4.1 of the Code of Virginia, as created by this act, §§ 15.2-1627 , 16.1-69.48:1, 16.1-228, 16.1-278.8:01, 18.2-251.02 , 18.2-308.09 , 18.2-308.1:5 , 19.2-389.3 , 19.2-392.1 , 19.2-392.4 , and 24.2-233 of the Code of Virginia, as amended by this act, §§ 19.2-392.2:1 , 19.2-392.2:2 , and 46.2-341.20:7 of the Code of Virginia, as created by this act, and § 54.1-3442.6 of the Code of Virginia, as amended by this act, and (ii) the repeal of § 18.2-250.1 of the Code of Virginia, the provisions of the first, third, fourth, fifth, sixth, and eleventh enactments of this act shall not become effective unless reenacted by the 2022 Session of the General Assembly. The provisions of §§ 4.1-1101.1 and 4.1-1105.1 of the Code of Virginia, as created by this act, shall expire on January 1, 2024, if the provisions of the first, third, and fourth enactments of this act are reenacted by the 2022 Session of the General Assembly."

Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 9 provides: "That the provisions of the first enactment amending §§ 19.2-389.3 , 19.2-392.1 , and 19.2-392.4 of the Code of Virginia and creating §§ 19.2-392.2:1 and 19.2-392.2:2 of the Code of Virginia shall become effective on the earlier of (i) the first day of the fourth month following notification to the Chairman of the Virginia Code Commission and the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the Superintendent of State Police that the Executive Secretary of the Supreme Court of Virginia, the Department of State Police, and any circuit court clerk who maintains a case management system that interfaces with the Department of State Police under subsection B of § 17.1-502 of the Code of Virginia have automated systems to exchange information as required by § 19.2-392.2:1 of the Code of Virginia, as created by this act, or (ii) July 1, 2025. The Department of State Police shall first transmit the list required under subsection B of § 19.2-392.2:1 of the Code of Virginia, as created by this act, no later than the earlier of (a) the first day of the third month following the effective date of §§ 19.2-389.3 , 19.2-392.1 , and 19.2-392.4 of the Code of Virginia, as amended by this act, and §§ 19.2-392.2:1 and 19.2-392.2:2 of the Code of Virginia, as created by this act, or (b) October 1, 2025. The Executive Secretary of the Supreme Court of Virginia, the Department of State Police, and any circuit court clerk who maintains a case management system that interfaces with the Department of State Police under subsection B of § 17.1-502 of the Code of Virginia, shall automate systems to exchange information as required by §§ 19.2-392.2:1 of the Code of Virginia, as created by this act, no later than July 1, 2025. If the provisions of this act repealing § 18.2-248.1 of the Code of Virginia are not reenacted by the 2022 Session of the General Assembly, the references to § 18.2-248.1 in §§ 19.2-392.2:1 and 19.2-392.2:2 of the Code of Virginia, as created by this act, shall not become effective."

Acts 2021, Sp. Sess. I, cc. 550 and 551, cl. 26 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice. The provisions of this enactment shall become effective in due course."

The 2002 amendments. - The 2002 amendment by cc. 588 and 623 are identical, and substituted "'hate crime'" for "'terrorist act'" in subdivision 3; and substituted "that" for "which" in the next-to-last paragraph.

The 2011 amendments. - The 2011 amendments by cc. 384 and 410, effective March 23, 2011, are identical, and inserted "synthetic cannabinoids as defined in § 18.2-248.1:1 " and made a related change in subdivisions 2 a and 2 c.

The 2014 amendments. - The 2014 amendment by c. 566 added subdivision 4 and made related changes.

The 2014 amendments by cc. 674 and 719 are identical, and deleted "synthetic cannabinoids as defined in § 18.2-248.1:1 " following "marijuana" in subdivisions 2 a and 2 c; in subdivision 2 c inserted "subdivision"; and made stylistic changes.

The 2021 Sp. Sess. I amendments. - The 2021 amendments by Sp. Sess. I, cc. 550 and 551, effective January 1, 2024, are identical, and in subdivision 2 a at the end and in subdivision 2 c following "substance," deleted "or marijuana"; and made a stylistic change.

§ 24.2-234. Removal of officer appointed for a term certain.

Any officer appointed to an office for a term established by law may be removed from office, under the provisions of § 24.2-233 , upon a petition filed with the circuit court in whose jurisdiction the officer resides signed by the person or a majority of the members of the authority who appointed him, if the appointing person or authority is not given the unqualified power of removal.

The circuit court also shall proceed pursuant to § 24.2-235 for the removal of a member of a local electoral board or general registrar upon a petition signed by a majority of the members of the State Board of Elections as provided in § 24.2-103 .

(1975, cc. 515, 595, § 24.1-79.6; 1993, c. 641; 2004, cc. 27, 391.)

Editor's note. - Acts 2004, cc. 27 and 391, cl. 2 provides: "That the terms of office of general registrars serving on the effective date of this act shall be extended to midnight June 30, 2007."

The 2004 amendments. - The 2004 amendments by cc. 27 and 391 are identical, and divided the former section into the present first and second paragraphs and rewrote the last sentence, which formerly read: "In the case of a member of a county or city electoral board, the circuit court also shall proceed for removal of a member pursuant to § 24.2-235 upon a petition signed by a majority of the members of the State Board of Elections."

§ 24.2-235. Procedure.

A petition for the removal of an officer shall state with reasonable accuracy and detail the grounds or reasons for removal and shall be signed by the person or persons making it under penalties of perjury. The circuit court shall not dismiss the petition solely because of an error or omission in the form of the petition relating to its statement of the grounds or reasons for removal if such error or omission is not material in determining whether the statement of the grounds or reasons for removal provides a reasonable basis under § 24.2-233 to consider the removal of the officer.

As soon as the petition is filed with the court, the court shall issue a rule requiring the officer to show cause why he should not be removed from office, the rule alleging in general terms the cause or causes for such removal. The rule shall be returnable in not less than five nor more than ten days and shall be served upon the officer with a copy of the petition. Upon return of the rule duly executed, unless good cause is shown for a continuance or postponement to a later day in the term, the case shall be tried on the day named in the rule and take precedence over all other cases on the docket. If upon trial it is determined that the officer is subject to removal under the provisions of § 24.2-233 , he shall be removed from office.

(1975, cc. 515, 595, § 24.1-79.7; 1993, c. 641; 2009, cc. 868, 876.)

The 2009 amendments. - The 2009 amendments by cc. 868 and 876 are identical, and added the present last sentence of the first paragraph.

Law review. - For annual survey article, "Election Law," see 44 U. Rich. L. Rev. 403 (2009).

§ 24.2-236. Suspension from office pending hearing and appeal.

In the event of a judicial proceeding under § 24.2-231 , 24.2-232 , 24.2-233 , or 24.2-234 , the circuit court may enter an order suspending the officer pending the hearing. Any officer convicted of a felony under the laws of any state or the United States shall be automatically suspended upon such conviction, regardless of any appeals, pleadings, delays, or motions. The court may, in its discretion, continue the suspension until the matter is finally disposed of in the Supreme Court or otherwise. During the suspension the court may appoint some suitable person to act in the officer's place. The officer's compensation shall be withheld and kept in a separate account and paid to him if and when the judicial proceedings result in his favor. Otherwise, it shall be paid back to the county, city, town, or State Treasurer who paid it.

(1975, cc. 515, 595, § 24.1-79.8; 1993, c. 641; 2017, cc. 354, 369.)

The 2017 amendments. - The 2017 amendments by cc. 354 and 369 are identical, effective March 13, 2017, added the second sentence, and made minor stylistic changes.

CIRCUIT COURT OPINIONS

Procedure. - Dismissal of a suspension action filed against a treasurer was improper because the procedure statute did not apply to only citizen initiated proceedings. In re Burfoot, 95 Va. Cir. 194, 2017 Va. Cir. LEXIS 24 (Norfolk Feb. 17, 2017).

Ripeness. - Plain meaning of this statute postpones forfeiture of office during the pendency of appeals only for convictions under the laws of Virginia; the postponement provision does not apply to a conviction under the laws of the United States. Therefore, an argument that a suspension petition was not ripe because there was no "conviction" until a sentence was imposed and a judgment was entered was rejected where a treasurer had been convicted of federal crimes. In re Burfoot, 95 Va. Cir. 194, 2017 Va. Cir. LEXIS 24 (Norfolk Feb. 17, 2017).

Salary. - In a case where a treasurer was suspended after his conviction for six felonies, it was determined that it was appropriate to place the salary he earned during this time in a separate account; not doing this would have caused a further erosion of trust since the treasurer had been convicted of crimes of dishonesty. In re Burfoot, 95 Va. Cir. 194, 2017 Va. Cir. LEXIS 24 (Norfolk Feb. 17, 2017).

§ 24.2-237. (Effective until January 1, 2022) Who to represent Commonwealth; trial by jury; appeal.

The attorney for the Commonwealth shall represent the Commonwealth in any trial under this article. If the proceeding is against the attorney for the Commonwealth, the court shall appoint an attorney to represent the Commonwealth. Any officer proceeded against shall have the right to demand a trial by jury. The Commonwealth and the defendant shall each have the right to apply to the Supreme Court for a writ of error and supersedeas upon the record made in the trial court and the Supreme Court may hear and determine such cases.

(1975, cc. 515, 595, § 24.1-79.9; 1993, c. 641.)

Section set out twice. - The section above is effective until January 1, 2022. For the version of this section effective January 1, 2022, see the following section, also numbered § 24.2-237 .

§ 24.2-237. (Effective January 1, 2022) Who to represent Commonwealth; trial by jury; appeal.

The attorney for the Commonwealth shall represent the Commonwealth in any trial under this article. If the proceeding is against the attorney for the Commonwealth, the court shall appoint an attorney to represent the Commonwealth. Any officer proceeded against shall have the right to demand a trial by jury. The Commonwealth and the defendant shall each have the right to appeal to the Court of Appeals upon the record made in the trial court and the Court of Appeals shall consider and determine such cases.

(1975, cc. 515, 595, § 24.1-79.9; 1993, c. 641; 2021, Sp. Sess. I, c. 489.)

Section set out twice. - The section above is effective January 1, 2022. For the version of this section effective until January 1, 2022, see the preceding section, also numbered § 24.2-237 .

Editor's note. - Acts 2021, Sp. Sess. I, c. 489, cl. 3 provides: "That any case for which a notice of appeal to the Supreme Court has been filed prior to January 1, 2022, shall continue in the Supreme Court of Virginia and shall not be affected by the provisions of this act."

Acts 2021, Sp. Sess. I, c. 489, cl. 4 provides: "That any case for which a petition for appeal in a criminal case to the Court of Appeals has been filed prior to January 1, 2022, and a decision on such petition remains pending, such petition for appeal shall be deemed granted and the clerk of the Court of Appeals shall certify the granting of such petition to the trial court and all counsel. Such case shall be considered mature for purposes of further proceedings from the date of such certificate."

Acts 2021, Sp. Sess. I, c. 489, cl. 6 provides: "That the provisions of this act amending § 17.1-400 of the Code of Virginia shall become effective in due course and that the remaining provisions of this act shall become effective on January 1, 2022."

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 489, effective January 1, 2022, substituted "appeal to the Court of Appeals upon the record made in the trial court and the Court of Appeals shall consider" for "apply to the Supreme Court for a writ of error and supersedeas upon the record made in the trial court and the Supreme Court may hear."

§ 24.2-238. Costs.

1. If a judicial proceeding under this article is dismissed in favor of the respondent, the court in its discretion may require the state agency or political subdivision which the respondent serves to pay court costs or reasonable attorney fees, or both, for the respondent.
2. No person who signs a petition for the removal of an official pursuant to § 24.2-233 or who circulates such a petition (i) shall be liable for any costs associated with removal proceedings conducted pursuant to the petition, including attorney fees incurred by any other party or court costs, or (ii) shall have sanctions imposed against him pursuant to § 8.01-271.1 . (1975, cc. 515, 595, § 24.1-79.10; 1993, c. 641; 2009, cc. 868, 876.)

The 2009 amendments. - The 2009 amendments by cc. 868 and 876 are identical, and designated the former provisions of the section as subsection A and added subsection B.

Applied in Johnson v. Woodard, 281 Va. 403 , 707 S.E.2d 325, 2011 Va. LEXIS 48 (2011).

CIRCUIT COURT OPINIONS

Fees awarded. - Defendant was entitled to attorney fees and costs explicitly provided that no one who signed a petition for the removal of an official shall be liable for costs, an award of reasonable attorney fees was appropriate since the petition at issue was not under oath, the services were valuable to the client as he no longer had a petition for removal against him, no expert testimony was offered, the hourly rates involved were those generally charged for similar services for lawyers and paralegals of the experience of those involved, but the number of hours charged was not consistent with those generally charged for similar services. Commonwealth v. Orndorff, 104 Va. Cir. 94, 2020 Va. Cir. LEXIS 64 (Shenandoah County Jan. 3, 2020).

§§ 24.2-300 through 24.2-301.1.

Repealed by Acts 2004, c. 1000.

Cross references. - For current provisions as to Joint Reapportionment Committee, see Chapter 39 ( § 30-263 et seq.) of Title 30.

Editor's note. - Former §§ 24.2-300 through 24.2-301.1 were repealed and recodified as Chapter 39 ( § 30-263 et seq.) of Title 30.

§ 24.2-302.

Repealed by Acts 2001, Sp. Sess. I, c. 7, cl. 2, effective July 19, 2001.

Cross references. - For current provisions, see § 24.2-302.2 .

Editor's note. - The repeal of this section was subject to preclearance by the Department of Justice, pursuant to § 5 of the federal Voting Rights Act, and was precleared on October 16, 2001.

Former § 24.2-302 , Congressional districts, was derived from 1991, 2nd Sp. Sess., c. 6, §§ 24.1-17.300 through 24.1-17.313; 1992, c. 874; 1993, cc. 641, 983; 1998, c. 1.

§ 24.2-302.1.

Repealed by Acts 2012, c. 1, cl. 2, effective January 25, 2012.

Editor's note. - The repeal of this section by Acts 2012, c. 1, was subject to preclearance by the Department of Justice, pursuant to § 5 of the federal Voting Rights Act. Preclearance was received by letter dated March 14, 2012.

Acts 2012, c. 1 became effective on January 25, 2012, pursuant to Va. Const., Art. II, § 6.

Former § 24.2-302.1 , pertaining to Congressional districts, was enacted by Acts 2001, Sp. Sess. I, c. 7.

§ 24.2-302.2. Congressional districts.

1. There shall be 11 Virginia members of the United States House of Representatives elected from 11 congressional districts and each district is entitled to one representative.
2. All references in this section to boundaries of counties and cities shall be interpreted to refer to those in existence on April 1, 2011, and as reported by the United States Bureau of the Census in the 2010 Census reports provided pursuant to United States Public Law 94-171, notwithstanding subsequent boundary changes by law, annexation, merger, consolidation, or the voiding of boundary changes theretofore made final.
3. Parts of counties and cities listed in subsection D are defined by reference to the 2010 Census reports for the precincts, parts of precincts, and blocks listed for each congressional district in the Statistical Report for this enrolled House bill on file with the Clerk of the House of Delegates. Precincts shall be interpreted to refer to those in existence on April 1, 2011, and as reported by the United States Bureau of the Census in the 2010 Census reports provided pursuant to United States Public Law 94-171, notwithstanding subsequent changes made by localities.
4. The 11 congressional districts are:

   First. All of Caroline, Essex, Gloucester, King and Queen, King George, King William, Lancaster, Mathews, Middlesex, Northumberland, Richmond, Stafford, Westmoreland, and York Counties; all of the Cities of Fredericksburg, Poquoson, and Williamsburg; part of Fauquier County comprised of the Bealeton (303), Catlett (102), Lois (104), and Morrisville (301) Precincts and part of the Remington (302) Precinct; part of James City County comprised of the Berkeley A Part 1 (101), Berkeley A Part 2 (1012), Berkeley B Part 1 (1021), Berkeley B Part 2 (1022), Berkeley C (103), Jamestown A (201), Jamestown B (202), Powhatan A (301), Powhatan B (302), Powhatan C (303), Powhatan D (304), Roberts A Part 1 (5011), Roberts A Part 2 (5012), Roberts C Part 1 (5031), Roberts C Part 2 (5032), Stonehouse A (401), Stonehouse B (402), and Stonehouse C (403) Precincts and part of the Roberts B (502) Precinct; part of Prince William County comprised of the Ashland (309), Bennett (102), Benton (203), Brentsville (101), Bristow Run (111), Cedar Point (112), Ellis (106), Forest Park (310), Glenkirk (408), Henderson (307), Lake Ridge (501), Limestone (113), Lodge (207), Marshall (202), Marsteller (107), McCoart (204), Montclair (308), Mullen (411), Nokesville (104), Park (109), Pattie (305), Penn (210), Powell (211), Quantico (304), Sinclair (404), Stonewall (405), Sudley North (409), Victory (108), Washington-Reid (306), Westgate (407), Westridge (208), and Woodbine (209) Precincts and part of the Buckland Mills (110) Precinct; part of Spotsylvania County comprised of the Battlefield (701), Brent's Mill (702), Grange Hall (303), Hazel Run (302), Plank Road (301), and Summit (401) Precincts and part of the Lee Hill (403) Precinct; and part of the City of Newport News comprised of the Greenwood (110) Precinct.

   Second. All of Accomack and Northampton Counties; all of the City of Virginia Beach; part of the City of Hampton comprised of the Asbury (205), Booker (201), Bryan (202), Burbank (203), Langley (209), Phillips (213), Sandy Bottom (216), and Syms (113) Precincts and part of the Machen (210) Precinct; part of the City of Newport News comprised of the Boulevard (202), Charles (203), Deer Park (219), Hidenwood (208), Kiln Creek (218), Nelson (210), Oyster Point (105), Palmer (211), Richneck (107), Riverview (217), Sanford (213), Saunders (319), Sedgefield (315), Watkins (320), Wellesley (204), Windsor (109), and Yates (216) Precincts and parts of the Deep Creek (205), Hilton (209), Riverside (212), and Warwick (215) Precincts; and part of the City of Norfolk comprised of the Azalea Gardens (512), Barron Black (406), Bayview School (501), Crossroads (511), East Ocean View (503), Easton (408), Fairlawn (409), Lafayette (205), Larchmont Library (208), Larchmont Recreation Center (209), Larrymore (504), Little Creek (505), Northside (103), Ocean View Center (506), Ocean View School (102), Oceanair (508), Old Dominion (201), Suburban Park (215), Tarrallton (509), Third Presbyterian (510), Willard (218), and Zion Grace (106) Precincts.

   Third. All of Charles City and Surry Counties; all of the Cities of Petersburg and Portsmouth; part of Henrico County comprised of the Adams (201), Antioch (501), Azalea (202), Cedar Fork (502), Central Gardens (206), Chickahominy (503), Donahoe (504), Dorey (505), Eanes (506), Elko (507), Fairfield (208), Glen Lea (209), Highland Gardens (211), Highland Springs (508), Laburnum (509), Maplewood (215), Masonic (510), Mehfoud (511), Montrose (512), Nine Mile (513), Pleasants (514), Ratcliffe (220), Rolfe (519), Sandston (515), Sullivans (516), Town Hall (517), Whitlocks (518), and Wilder (222) Precincts; part of Isle of Wight County comprised of parts of the Bartlett (201), Carrollton (202), and Rushmere (301) Precincts; part of James City County comprised of part of the Roberts B (502) Precinct; part of Prince George County comprised of the Blackwater (202), Bland (201), Brandon (203), and Harrison (105) Precincts and part of the Rives (104) Precinct; part of the City of Hampton comprised of the Aberdeen (101), Armstrong (106), Bassette (102), Bethel (212), City Hall (103), Cooper (104), East Hampton (105), Forrest (204), Hampton Library (111), Jones (116), Kecoughtan (117), Kraft (208), Lindsay (107), Mallory (118), Phenix (109), Phoebus (110), Smith (112), Thomas (108), Tucker Capps (214), Tyler (215), and Wythe (115) Precincts and part of the Machen (210) Precinct; part of the City of Newport News comprised of the Bland (201), Briarfield (302), Carver (303), Chestnut (304), Denbigh (101), Downtown (305), Dunbar (306), Epes (102), Huntington (307), Jefferson (308), Jenkins (103), Lee Hall (108), Magruder (309), Marshall (310), McIntosh (104), Newmarket (311), Newsome Park (312), Reed (313), Reservoir (106), River (314), South Morrison (316), Washington (317), and Wilson (318) Precincts and parts of the Deep Creek (205), Hilton (209), Riverside (212), and Warwick (215) Precincts; part of the City of Norfolk comprised of the Ballentine (301), Berkley (402), Bowling Park (303), Brambleton (403), Campostella (404), Chesterfield (405), Chrysler Museum (211), Coleman Place School (304), Ghent Square (203), Granby (101), Hunton Y (411), Immanuel (204), Ingleside (412), Lafayette-Winona (305), Lambert's Point (207), Lindenwood (306), Maury (210), Norview Methodist (308), Norview Middle School (309), Park Place (212), Poplar Halls (413), Rosemont (310), Sherwood Rec Center (311), Sherwood School (312), Stuart (214), Tanner's Creek (302), Taylor Elementary School (213), Titustown Center (104), Tucker House (105), Union Chapel (313), United Way (415), Wesley (217), and Young Park (414) Precincts; part of the City of Richmond comprised of the 113 (113), 114 (114), 203 (203), 204 (204), 206 (206), 207 (207), 208 (208), 211 (211), 212 (212), 213 (213), 301 (301), 302 (302), 303 (303), 304 (304), 305 (305), 306 (306), 307 (307), 308 (308), 402 (402), 501 (501), 503 (503), 504 (504), 505 (505), 508 (508), 509 (509), 510 (510), 602 (602), 603 (603), 604 (604), 606 (606), 607 (607), 609 (609), 610 (610), 701 (701), 702 (702), 703 (703), 705 (705), 706 (706), 707 (707), 802 (802), 806 (806), 810 (810), 811 (811), 812 (812), 814 (814), 902 (902), 903 (903), 908 (908), 909 (909), 910 (910), and 911 (911) Precincts and part of the 404 (404) Precinct; and part of the City of Suffolk comprised of parts of the Bennetts Creek (104), Ebenezer (201), and Harbour View (103) Precincts.

   Fourth. All of Amelia, Dinwiddie, Greensville, Nottoway, Powhatan, Southampton, and Sussex Counties; all of the Cities of Chesapeake, Colonial Heights, Emporia, Franklin, and Hopewell; part of Chesterfield County comprised of the Bailey Bridge (315), Beach (305), Bellwood (101), Beulah (202), Bird (203), Birkdale (317), Carver (112), Chippenham (207), Cosby (307), Crenshaw (414), Deer Run (302), Drewry's Bluff (105), Dutch Gap (110), Ecoff (108), Elizabeth Scott (109), Enon (103), Ettrick (301), Falling Creek (205), Five Forks (210), Gates (201), Harrowgate (106), Iron Bridge (111), Jacobs (204), Matoaca (303), Meadowbrook (208), Nash (211), North Chester (104), S. Manchester (308), Salem Church (209), South Chester (102), Southside (213), Spring Run (316), St. Lukes (212), Wells (107), Winfrees Store (304), and Winterpock (306) Precincts; part of Isle of Wight County comprised of the Camps Mill (502), Carrsville (503), Courthouse (401), Orbit (403), Pons (302), Raynor (505), Smithfield (101), Walters (501), Windsor (402), and Zuni (504) Precincts and parts of the Bartlett (201), Carrollton (202), and Rushmere (301) Precincts; part of Prince George County comprised of the Courts Bldg (204), Jefferson Park (205), Richard Bland (101), Templeton (102), and Union Branch (103) Precincts and part of the Rives (104) Precinct; and part of the City of Suffolk comprised of the Airport (401), Chuckatuck (202), Cypress Chapel (303), Driver (102), Elephants Fork/Westhaven (603), Holland (502), Hollywood (701), Holy Neck (503), John F. Kennedy (302), Kilby's Mill (501), King's Fork (203), Lake Cohoon (504), Lakeside (601), Nansemond River (703), Olde Towne (602), Southside (403), Whaleyville (402), White Marsh (301), and Yeates (705) Precincts and parts of the Bennetts Creek (104), Ebenezer (201), and Harbour View (103) Precincts.

   Fifth. All of Albemarle, Appomattox, Brunswick, Buckingham, Campbell, Charlotte, Cumberland, Fluvanna, Franklin, Greene, Halifax, Lunenburg, Madison, Mecklenburg, Nelson, Pittsylvania, Prince Edward, and Rappahannock Counties; all of the Cities of Bedford, Charlottesville, and Danville; part of Bedford County comprised of the Bedford Christian Church (703), Bedford County PSA (302), Bethesda Methodist Church (303), Body Camp Elem School (204), Chamblissburg First Aid Bldg (103), Goode Rescue Squad (701), Goodview Elem School (101), Hardy Fire & Rescue Bldg (102), Huddleston Elem School (305), Liberty High School (702), Moneta Elem School (203), Saunders Grove Brethren Church (604), Saunders Vol Fire Dept (205), Shady Grove Baptist Church (602), Staunton River High School (202), and Thaxton Elem School (603) Precincts and part of the New London Academy (301) Precinct; part of Fauquier County comprised of the Airlie (202), Baldwin Ridge (203), Broad Run (503), Casanova (103), Courthouse (201), Kettle Run (101), Leeds (402), Marshall (401), New Baltimore (502), Opal (105), The Plains (501), Warrenton (204), and Waterloo (403) Precincts and part of the Remington (302) Precinct; and part of Henry County comprised of the Axton (302), Irisburg (303), Mountain Valley (305), Mountain View (405), and Ridgeway #1 (603) Precincts and part of the Mount Olivet (304) Precinct.

   Sixth. All of Amherst, Augusta, Bath, Botetourt, Highland, Page, Rockbridge, Rockingham, Shenandoah, and Warren Counties; all of the Cities of Buena Vista, Harrisonburg, Lexington, Lynchburg, Roanoke, Staunton, and Waynesboro; part of Bedford County comprised of the Big Island Elem School (502), Boonsboro Elem School (505), Boonsboro Ruritan Club (506), Forest Elem School (401), Forest Youth Athletic Assoc. (304), Knights Of Columbus Bldg (403), Montvale Elem School (601), Odd Fellows Hall (504), Pleasant View (507), Sedalia Center (503), Suck Springs (704), and Thomas Jefferson Elem School (402) Precincts and part of the New London Academy (301) Precinct; and part of Roanoke County comprised of the Bonsack (402), Burlington (202), Castle Rock (305), Cave Spring (503), Clearbrook (505), Cotton Hill (501), Garst Mill (306), Hollins (206), Hunting Hills (507), Lindenwood (405), Mount Pleasant (406), Mount Vernon (506), Mountain View (203), North Vinton (403), Oak Grove (304), Ogden (504), Orchards (205), Penn Forest (502), Plantation (201), Poages Mill (302), South Vinton (404), and Windsor Hills (303) Precincts.

   Seventh. All of Culpeper, Goochland, Hanover, Louisa, New Kent, and Orange Counties; part of Chesterfield County comprised of the Beaufont (513), Belgrade (508), Belmont (206), Black Heath (511), Bon Air (505), Brandermill (403), Cranbeck (509), Crestwood (502), Davis (515), Evergreen (312), Genito (402), Greenfield (506), Harbour Pointe (401), Huguenot (501), La Prade (405), Manchester (409), Midlothian (503), Monacan (407), Providence (404), Reams (408), Robious (504), Salisbury (507), Shenandoah (413), Skinquarter (309), Smoketree (406), Swift Creek (411), Sycamore (510), Tomahawk (310), Wagstaff (410), Watkins (514), and Woolridge (313) Precincts; part of Henrico County comprised of the Belmont (203), Brookland (204), Byrd (401), Canterbury (205), Causeway (301), Cedarfield (302), Chamberlayne (207), Coalpit (101), Crestview (303), Derbyshire (402), Dumbarton (102), Freeman (403), Gayton (404), Glen Allen (103), Glenside (104), Godwin (405), Greendale (105), Greenwood (210), Hermitage (106), Hilliard (107), Hollybrook (212), Hungary (213), Hungary Creek (116), Hunton (108), Innsbrook (304), Jackson Davis (305), Johnson (109), Lakeside (110), Lakewood (406), Lauderdale (407), Longan (111), Longdale (214), Maude Trevvett (112), Maybeury (408), Monument Hills (306), Moody (216), Mooreland (409), Mountain (217), Nuckols Farm (307), Oakview (218), Pemberton (410), Pinchbeck (411), Pocahontas (308), Randolph (219), Ridge (309), Ridgefield (412), Rivers Edge (317), Rollingwood (413), Sadler (310), Shady Grove (311), Short Pump (318), Skipwith (312), Spottswood (414), Springfield (313), Staples Mill (113), Stoney Run (314), Stratford Hall (221), Summit Court (114), Three Chopt (315), Tuckahoe (415), Tucker (316), Wellborne (417), West End (416), Westwood (115), and Yellow Tavern (223) Precincts; part of Spotsylvania County comprised of the Belmont (501), Blaydes Corner (102), Brock (505), Brokenburg (502), Chancellor (204), Courthouse (504), Elys Ford (201), Fairview (703), Frazers Gate (402), Massaponax (104), Ni River (203), Partlow (101), Piedmont (603), Salem (601), Smith Station (602), Todd's Tavern (503), Travelers Rest (103), and Wilderness (202) Precincts and part of the Lee Hill (403) Precinct; and part of the City of Richmond comprised of the 101 (101), 102 (102), 104 (104), 105 (105), 106 (106), 111 (111), 112 (112), 309 (309), 409 (409), 410 (410), 412 (412), and 413 (413) Precincts and part of the 404 (404) Precinct.

   Eighth. All of Arlington County; all of the Cities of Alexandria and Falls Church; and part of Fairfax County comprised of the Alban (623), Baileys (501), Belle Haven (601), Belleview (602), Belvoir (619), Bren Mar (526), Brook Hill (521), Bucknell (604), Bush Hill (401), Cameron (402), Chesterbrook (302), Clermont (423), Crestwood (415), Edsall (527), El Nido (305), Fairfield (413), Fort Buffalo (703), Fort Hunt (605), Franconia (404), Garfield (417), Glen Forest #2 (529), Glen Forest (505), Graham (705), Greenway (706), Grosvenor (621), Groveton (405), Gunston (616), Haycock (307), Hayfield (406), Hollin Hall (606), Holmes #1 (506), Huntington (607), Huntley (424), Island Creek (427), Kingstowne (421), Kirby (310), Kirkside (608), Lane (419), Leewood (531), Lincolnia (507), Longfellow (312), Lorton (617), Lorton Center (625), Lorton Station (622), Lynbrook (418), Marlan (609), Marshall (708), Mount Eagle (408), Parklawn (510), Pimmit (315), Pine Spring (710), Pioneer (409), Poe (523), Rose Hill (410), Salona (316), Saratoga (626), Sherwood (610), Shreve (712), Skyline (520), Stratford (611), Timber Lane (713), Van Dorn (422), Villages (420), Virginia Hills (411), Walnut Hill # 1 (525), Walnut Hill # 2 (728), Waynewood (612), Westgate (613), Westhampton (317), Westlawn (515), Westmoreland (318), Weyanoke (516), Whitman (614), Whittier (524), Willston (517), Wilton (425), Woodlawn (627), and Woodley (615) Precincts and parts of the Magarity (726) and Saint Albans (513) Precincts.

   Ninth. All of Alleghany, Bland, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Grayson, Lee, Montgomery, Patrick, Pulaski, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe Counties; all of the Cities of Bristol, Covington, Galax, Martinsville, Norton, Radford, and Salem; part of Henry County comprised of the Bassett No. 1 (501), Bassett No. 2 (101), Collinsville Number 1 (401), Collinsville Number 2 (404), Daniel's Creek (402), Dyers Store (505), Fieldale (201), Figsboro (502), Fontaine (601), Gunville (102), Hillcrest (602), Horsepasture #1 (202), Horsepasture #2 (203), Oak Level (504), Ridgeway #2 (604), Scott's Tanyard (103), Spencer (204), and Stanleytown (503) Precincts and part of the Mount Olivet (304) Precinct; and part of Roanoke County comprised of the Bennett Springs (107), Bent Mountain (301), Botetourt Springs (204), Catawba (101), Glenvar (103), Green Hill (106), Mason Valley (102), Northside (104), Peters Creek (105), and Wildwood (108) Precincts.

   Tenth. All of Clarke, Frederick, and Loudoun Counties; all of the Cities of Manassas, Manassas Park, and Winchester; part of Fairfax County comprised of the Brookfield (902), Bull Run (923), Chain Bridge (301), Churchill (303), Clearview (321), Clifton (803), Colvin (330), Cooper (304), Cub Run (903), Deer Park (921), Dulles (904), Fairfax Station (805), Forestville (322), Fountainhead (845), Fox Mill (229), Franklin (905), Great Falls (306), Greenbriar West (847), Hickory (328), Kenmore (309), Kinross (908), Langley (311), Lees Corner (920), Lees Corner West (927), McLean (314), Navy (911), Newgate North (849), Newgate South (854), Popes Head (841), Poplar Tree (928), Rocky Run (913), Sangster (838), Seneca (329), Shouse (323), Silverbrook (839), South Run (850), Spring Hill (331), Stone (917), Sugarland (327), Vale (914), Virginia Run (915), Waples Mill (916), and Woodyard (815) Precincts and part of the Old Mill (925) Precinct; and part of Prince William County comprised of the Alvey (406), Battlefield (402), Buckhall (103), Bull Run (403), Evergreen (401), Mountain View (410), Pace West (412), Parkside (105), Pr. William A (000), and Signal Hill (114) Precincts and part of the Buckland Mills (110) Precinct.

   Eleventh. All of the City of Fairfax; part of Fairfax County comprised of the Aldrin (234), Barcroft (502), Belvedere (503), Blake (701), Bonnie Brae (126), Bristow (102), Burke (801), Burke Centre (127), Camelot (522), Cameron Glen (238), Cardinal (128), Centerpointe (844), Centre Ridge (901), Centreville (918), Chapel (104), Cherry Run (825), Columbia (518), Coppermine (239), Dogwood (220), Eagle View (853), Fair Oaks (848), Fairfax A (0700), Fairlakes (843), Fairview (105), Flint Hill (202), Floris (203), Freedom Hill (704), Frying Pan (235), Glade (223), Green Trails (919), Greenbriar East (846), Greenspring (426), Heritage (106), Herndon #1 (319), Herndon #2 (320), Herndon #3 (324), Holmes #2 (530), Hummer (519), Hunt (624), Hunters Woods (221), Hutchison (325), Irving (827), Keene Mill (129), Kilmer (733), Kings Park (108), Lake Braddock (118), Laurel (119), Laurel Hill (628), London Towne East (910), London Towne West (924), Long Branch (122), Mantua (707), Masonville (508), McNair (237), Merrifield (721), Monument (852), Mosby (709), Newington (618), North Point (233), North Springfield # 1 (110), North Springfield # 2 (111), Nottoway (729), Oak Hill (113), Oak Marr (732), Oakton (727), Olde Creek (109), Olley (124), Orange (824), Parkway (842), Penderbrook (730), Pine Ridge (718), Pohick (811), Powell (926), Price (711), Ravensworth (115), Ravenwood (511), Reston #1 (208), Reston #2 (209), Reston #3 (222), Ridgelea (528), Robinson (123), Sideburn (120), Signal Hill (125), Sleepy Hollow (512), South County (629), South Lakes (224), Stenwood (719), Stuart (236), Sunrise Valley (227), Terra Centre (130), Terraset (225), Thoreau (720), Tysons (731), Valley (812), Vienna #1 (213), Vienna #2 (214), Vienna #4 (216), Vienna #6 (218), Villa (121), Wakefield (116), Walker (714), West Springfield (840), Westbriar (219), White Oaks (833), Willow Springs (851), Wolftrap (226), Woodburn (717), and Woodson (117) Precincts and parts of the Magarity (726), Old Mill (925), and Saint Albans (513) Precincts; and part of Prince William County comprised of the Bel Air (606), Belmont (701), Bethel (506), Beville (205), Chinn (507), Civic Center (604), Dale (601), Dumfries (301), Enterprise (608), Featherstone (704), Freedom (609), Godwin (603), Graham Park (303), Kerrydale (607), Kilby (707), King (206), Library (702), Lynn (703), Minnieville (605), Mohican (505), Neabsco (602), Occoquan (502), Old Bridge (503), Potomac (302), Potomac View (705), Rippon (706), River Oaks (708), Rockledge (504), Saunders (201), Springwoods (508), and Swans Creek (311) Precincts.

   (2012, c. 1.)

Editor's note. - The enactment of this section by Acts 2012, c. 1, was subject to preclearance by the Department of Justice, pursuant to § 5 of the federal Voting Rights Act. Preclearance was received by letter dated March 14, 2012.

Acts 2012, c. 1, which enacted this section, became effective on January 25, 2012, pursuant to Va. Const., Art. II, § 6.

Law review. - For annual survey of Virginia law article, "Election Law," see 47 U. Rich. L. Rev. 181 (2012).

§ 24.2-303.

Repealed by Acts 2001, Sp. Sess. I, c. 2.

Editor's note. - The repeal of this section was subject to preclearance by the Department of Justice, pursuant to § 5 of the federal Voting Rights Act. The section was precleared on July 9, 2001.

Former § 24.2-303 , Senatorial districts, was derived from Acts 1991, 1st Sp. Sess., c. 18, §§ 24.1-17.4 through 24.1-17.46; 1993, cc. 641, 712; 1994, 2nd Sp. Sess., c. 4; 1997, c. 447; 1998, c. 191.

§§ 24.2-303.1, 24.2-303.2.

Repealed by Acts 2011, Sp. Sess. I, c. 1, cl. 2, effective April 29, 2011.

Cross references. - For current provisions as to Senate Districts, see § 24.2-303.3 .

Editor's note. - Former §§ 24.2-303.1 and 24.2-303.2 were repealed by Acts 2011, Sp. Sess. I, c. 1, cl. 2, effective April 29, 2011, pursuant to Va. Const., Art. II, § 6.

Acts 2011, Special Session I, c. 1 was subject to preclearance by the Department of Justice, pursuant to section 5 of the federal Voting Rights Act. Preclearance was granted by letter dated June 17, 2011.

Former §§ 24.2-303.1 and 24.2-303.2, pertaining to Senatorial Districts were derived from Acts 2001, Sp. Sess. I, c. 2, and Acts 2003, c. 824; 2004, cc. 389, 424, 451, 932; 2007, c. 166, respectively.

Enactment of former § 24.2-303.1 was subject to preclearance by the Department of Justice, pursuant to § 5 of the federal Voting Rights Act. The section was precleared on July 9, 2001.

The 2007 amendment to former § 24.2-303.2 by Acts 2007, c. 166, was subject to preclearance by the Department of Justice, pursuant to section 5 of the federal Voting Rights Act. Preclearance was received June 27, 2007.

§ 24.2-303.3. Senate districts.

1. There shall be 40 members of the Senate of Virginia elected from 40 senate districts and each district is entitled to representation by one senator.
2. All references in this section to boundaries of counties and cities shall be interpreted to refer to those in existence on April 1, 2011, and as reported by the United States Bureau of the Census in the 2010 Census reports provided pursuant to United States Public Law 94-171, notwithstanding subsequent boundary changes by law, annexation, merger, consolidation, or the voiding of boundary changes theretofore made final.
3. Parts of counties and cities listed in subsection D are defined by reference to the 2010 Census reports for the precincts, parts of precincts, and blocks listed for each senate district in the Statistical Report on file with the Clerk of the House of Delegates for the Act of Assembly containing the final enactment of this section. Precincts shall be interpreted to refer to those in existence on April 1, 2011, and as reported by the United States Bureau of the Census in the 2010 Census reports provided pursuant to United States Public Law 94-171, notwithstanding subsequent changes made by localities.
4. The 40 senate districts are: First. All of the City of Williamsburg; part of James City County comprised of the Berkeley A Part 1 (101), Berkeley A Part 2 (1012), Powhatan B (302), Powhatan D (304), Roberts A Part 2 (5012), and Roberts C Part 2 (5032) Precincts and parts of the Jamestown B (202) and Roberts B (502) Precincts; part of York County comprised of the Magruder (104) and Queens Lake (101) Precincts; part of the City of Hampton comprised of the Kraft (208) and Tucker Capps (214) Precincts and part of the Forrest (204) Precinct; part of the City of Newport News comprised of the Bland (201), Boulevard (202), Carver (303), Charles (203), Deep Creek (205), Denbigh (101), Epes (102), Greenwood (110), Hidenwood (208), Hilton (209), Jenkins (103), Kiln Creek (218), Lee Hall (108), McIntosh (104), Nelson (210), Oyster Point (105), Palmer (211), Reservoir (106), Richneck (107), River (314), Riverside (212), Riverview (217), Sanford (213), Sedgefield (315), Warwick (215), Wellesley (204), Windsor (109), and Yates (216) Precincts and parts of the Deer Park (219), Downtown (305), Dunbar (306), and Watkins (320) Precincts; and part of the City of Suffolk comprised of the Harbour View (103) Precinct. Second. Part of York County comprised of the Bethel (502), Coventry (203), Edgehill (303), and Kiln Creek (204) Precincts; part of the City of Hampton comprised of the Aberdeen (101), Armstrong (106), Bassette (102), Bethel (212), Booker (201), Bryan (202), Burbank (203), City Hall (103), Cooper (104), East Hampton (105), Hampton Library (111), Jones (116), Kecoughtan (117), Langley (209), Lindsay (107), Machen (210), Mallory (118), Phenix (109), Phillips (213), Phoebus (110), Sandy Bottom (216), Smith (112), Syms (113), Thomas (108), Tyler (215), and Wythe (115) Precincts and part of the Forrest (204) Precinct; part of the City of Newport News comprised of the Briarfield (302), Chestnut (304), Huntington (307), Jefferson (308), Magruder (309), Marshall (310), Newmarket (311), Newsome Park (312), Reed (313), Saunders (319), South Morrison (316), Washington (317), and Wilson (318) Precincts and parts of the Deer Park (219), Downtown (305), Dunbar (306), and Watkins (320) Precincts; and part of the City of Portsmouth comprised of the Thirty-Seven (037) and Thirty-Nine (039) Precincts and part of the Thirty-Eight (038) Precinct. Third. All of Gloucester, King and Queen, King William, and New Kent Counties; all of the City of Poquoson; part of Isle of Wight County comprised of the Bartlett (201), Carrollton (202), Rushmere (301), and Smithfield (101) Precincts; part of James City County comprised of the Berkeley B Part 1 (1021), Berkeley B Part 2 (1022), Berkeley C (103), Jamestown A (201), Powhatan A (301), Powhatan C (303), Roberts A Part 1 (5011), Roberts C Part 1 (5031), Stonehouse A (401), Stonehouse B (402), and Stonehouse C (403) Precincts and parts of the Jamestown B (202) and Roberts B (502) Precincts; part of Surry County comprised of part of the Bacon's Castle (201) Precinct; part of York County comprised of the Dare (402), Harris Grove (302), Harwoods Mill (401), Seaford (301), Tabb (501), Waller Mill (103), and Yorktown (102) Precincts; part of the City of Hampton comprised of the Asbury (205) Precinct; and part of the City of Suffolk comprised of the Driver (102) and Ebenezer (201) Precincts. Fourth. All of Caroline, Essex, Lancaster, Middlesex, Northumberland, and Richmond Counties; part of Hanover County comprised of the Ashcake (103), Atlee (304), Battlefield (401), Beaverdam (201), Beaverdam Creek (406), Black Creek (404), Blunts (202), Chickahominy (302), Clay (301), Cold Harbor (403), Cool Spring (305), Courthouse (206), Georgetown (506), Goddin's Hill (204), Hanover Grove (604), Laurel Meadow (507), Mechanicsville (603), Newman (503), Old Church (402), Pebble Creek (405), Rural Point (502), Shady Grove (303), Sliding Hill (104), Stonewall Jackson (602), Studley (504), Totopotomoy (505), and Village (601) Precincts; part of King George County comprised of parts of the Courthouse (101) and Shiloh (401) Precincts; part of Spotsylvania County comprised of the Blaydes Corner (102), Lee Hill (403), Massaponax (104), Partlow (101), Summit (401), and Travelers Rest (103) Precincts; and part of Westmoreland County comprised of the Precinct 1-1 (101), Precinct 1-2 (102), and Precinct 2-1 (201) Precincts. Fifth. Part of the City of Chesapeake comprised of the B. M. Williams School (015), Camelot (003), Carver School (031), Crestwood (005), Fairways (053), Geneva Park (011), Georgetown (012), Gilmerton (013), Indian River (018), Johnson Park (026), Joliff Middle School (048), Norfolk Highlands (022), Oaklette (024), Oscar Smith School (010), Parkways (042), Providence (032), River Birch (040), River Walk (050), South Norfolk (030), South Norfolk Recreation (008), St. Julians (025), Tanglewood (029), and Westover (033) Precincts and parts of the Oak Grove (023) and Sunray II (045) Precincts; and part of the City of Norfolk comprised of the Ballentine (301), Berkley (402), Bowling Park (303), Brambleton (403), Campostella (404), Chesterfield (405), Coleman Place School (304), Easton (408), Fairlawn (409), Hunton Y (411), Ingleside (412), Lafayette (205), Lafayette-Winona (305), Lindenwood (306), Norview Methodist (308), Norview Middle School (309), Poplar Halls (413), Rosemont (310), Sherwood Rec Center (311), Sherwood School (312), Stuart (214), Tanner's Creek (302), Union Chapel (313), United Way (415), and Young Park (414) Precincts and parts of the Ghent Square (203) and Willard (218) Precincts. Sixth. All of Accomack, Mathews, and Northampton Counties; part of the City of Norfolk comprised of the Barron Black (406), Bayview School (501), Chrysler Museum (211), Crossroads (511), East Ocean View (503), Granby (101), Immanuel (204), Lambert's Point (207), Larchmont Library (208), Larchmont Recreation Center (209), Larrymore (504), Maury (210), Northside (103), Ocean View Center (506), Ocean View School (102), Oceanair (508), Old Dominion (201), Park Place (212), Suburban Park (215), Taylor Elementary School (213), Third Presbyterian (510), Titustown Center (104), Tucker House (105), Wesley (217), and Zion Grace (106) Precincts and parts of the Ghent Square (203), Tarrallton (509), and Willard (218) Precincts; and part of the City of Virginia Beach comprised of part of the Chesapeake Beach (037) Precinct. Seventh. Part of the City of Norfolk comprised of the Azalea Gardens (512) and Little Creek (505) Precincts and part of the Tarrallton (509) Precinct; and part of the City of Virginia Beach comprised of the Aragona (016), Arrowhead (023), Avalon (025), Baker (061), Bayside (020), Bonney (040), Brandon (042), Centerville (044), College Park (041), Colonial (065), Davis Corner (021), Edinburgh (056), Fairfield (026), Hagood (086), Homestead (052), Kings Grant (047), Kingston (007), Lake Christopher (089), Lake Joyce (090), Lake Smith (019), Larkspur (024), Lexington (091), Little Neck (092), Malibu (014), Manor (068), Mt. Trashmore (013), Newtown (093), Ocean Park (017), Old Donation (015), Pembroke (039), Pleasant Hill (079), Point O' View (022), Providence (027), Reon (080), Shannon (053), Shell (069), Shelton Park (059), Sherry Park (057), Stratford Chase (051), Tallwood (084), Thalia (028), Thoroughgood (018), Village (076), Windsor Oaks (036), and Witchduck (038) Precincts and part of the Chesapeake Beach (037) Precinct. Eighth. Part of the City of Virginia Beach comprised of the Alanton (006), Brookwood (077), Buckner (074), Cape Henry (011), Capps Shop (033), Colony (075), Corporate Landing (070), Courthouse (035), Culver (063), Dahlia (073), Eastern Shore (067), Foxfire (060), Great Neck (010), Green Run (046), Holland (029), Hunt (066), Landstown (062), Linkhorn (004), London Bridge (008), Lynnhaven (049), Magic Hollow (055), North Beach (001), Ocean Lakes (003), Oceana (050), Pinewood (094), Plaza (012), Redwing (030), Rock Lake (081), Rudee (072), Seatack (005), Shelbourne (082), Sigma (031), South Beach (002), Strawbridge (083), Timberlake (045), Trantwood (009), Upton (085), and Wolfsnare (048) Precincts. Ninth. All of Charles City County; part of Hanover County comprised of the Ashland (101), Elmont (704), and Stony Run (207) Precincts and part of the Wilmington Parish (203) Precinct; part of Henrico County comprised of the Adams (201), Antioch (501), Azalea (202), Canterbury (205), Cedar Fork (502), Central Gardens (206), Chamberlayne (207), Chickahominy (503), Donahoe (504), Dorey (505), Eanes (506), Elko (507), Fairfield (208), Glen Lea (209), Greenwood (210), Highland Gardens (211), Highland Springs (508), Hungary (213), Hunton (108), Laburnum (509), Longdale (214), Maplewood (215), Masonic (510), Mehfoud (511), Montrose (512), Mountain (217), Nine Mile (513), Pleasants (514), Randolph (219), Ratcliffe (220), Rolfe (519), Sandston (515), Sullivans (516), Town Hall (517), Whitlocks (518), Wilder (222), and Yellow Tavern (223) Precincts and parts of the Hermitage (106) and Staples Mill (113) Precincts; and part of the City of Richmond comprised of the 105 (105), 206 (206), 207 (207), 208 (208), 212 (212), 213 (213), 301 (301), 302 (302), 303 (303), 304 (304), 305 (305), 306 (306), 308 (308), 501 (501), 504 (504), 602 (602), 603 (603), 604 (604), 606 (606), and 607 (607) Precincts and parts of the 104 (104), 106 (106), and 307 (307) Precincts. Tenth. All of Powhatan County; part of Chesterfield County comprised of the Beaufont (513), Belgrade (508), Belmont (206), Black Heath (511), Bon Air (505), Brandermill (403), Cranbeck (509), Crestwood (502), Davis (515), Evergreen (312), Greenfield (506), Huguenot (501), Midlothian (503), Reams (408), Robious (504), Salisbury (507), Swift Creek (411), Tomahawk (310), Watkins (514), and Woolridge (313) Precincts and part of the Chippenham (207) Precinct; and part of the City of Richmond comprised of the 101 (101), 102 (102), 111 (111), 112 (112), 113 (113), 114 (114), 203 (203), 204 (204), 211 (211), 309 (309), 402 (402), 404 (404), 409 (409), 410 (410), 412 (412), 413 (413), 503 (503), 505 (505), 508 (508), 903 (903), 908 (908), 909 (909), 910 (910), and 911 (911) Precincts and parts of the 104 (104), 106 (106), and 307 (307) Precincts. Eleventh. All of Amelia County; all of the City of Colonial Heights; and part of Chesterfield County comprised of the Bailey Bridge (315), Beach (305), Beulah (202), Bird (203), Birkdale (317), Cosby (307), Crenshaw (414), Deer Run (302), Ecoff (108), Falling Creek (205), Five Forks (210), Gates (201), Genito (402), Harbour Pointe (401), Iron Bridge (111), Jacobs (204), La Prade (405), Manchester (409), Meadowbrook (208), Monacan (407), Nash (211), North Chester (104), Providence (404), S. Manchester (308), Salem Church (209), Shenandoah (413), Skinquarter (309), Smoketree (406), South Chester (102), Southside (213), Spring Run (316), St. Lukes (212), Sycamore (510), Wagstaff (410), Wells (107), Winfrees Store (304), and Winterpock (306) Precincts and part of the Chippenham (207) Precinct. Twelfth. Part of Hanover County comprised of the Farrington (701), Montpelier (702), and Rockville (703) Precincts and part of the Wilmington Parish (203) Precinct; and part of Henrico County comprised of the Belmont (203), Brookland (204), Byrd (401), Causeway (301), Cedarfield (302), Coalpit (101), Crestview (303), Derbyshire (402), Dumbarton (102), Freeman (403), Gayton (404), Glen Allen (103), Glenside (104), Godwin (405), Greendale (105), Hilliard (107), Hollybrook (212), Hungary Creek (116), Innsbrook (304), Jackson Davis (305), Johnson (109), Lakeside (110), Lakewood (406), Lauderdale (407), Longan (111), Maude Trevvett (112), Maybeury (408), Monument Hills (306), Moody (216), Mooreland (409), Nuckols Farm (307), Oakview (218), Pemberton (410), Pinchbeck (411), Pocahontas (308), Ridge (309), Ridgefield (412), Rivers Edge (317), Rollingwood (413), Sadler (310), Shady Grove (311), Short Pump (318), Skipwith (312), Spottswood (414), Springfield (313), Stoney Run (314), Stratford Hall (221), Summit Court (114), Three Chopt (315), Tuckahoe (415), Tucker (316), Wellborne (417), West End (416), and Westwood (115) Precincts and parts of the Hermitage (106) and Staples Mill (113) Precincts. Thirteenth. Part of Loudoun County comprised of the Ashburn Farm (102), Between The Hills (306), Cedar Lane (810), Clarkes Gap (409), Dominion (811), East Lovettsville (411), Evergreen (408), Freedom (112), Hamilton (304), Heritage (412), Hillsboro (303), Hillside (105), Hutchison (109), Little River (107), Lucketts (403), Mercer (108), Newton-Lee (814), Philomont (305), Pinebrook (115), Purcellville One (301), Purcellville Two (310), Round Hill (302), Russell Branch (809), Sanders Corner (101), Stone Bridge (808), Waterford (402), West Lovettsville (401), and Woodgrove (311) Precincts and parts of the Briar Woods (111), Cool Spring (505), Dulles South (114), Eagle Ridge (106), and Weller (816) Precincts; and part of Prince William County comprised of the Battlefield (402), Bristow Run (111), Bull Run (403), Glenkirk (408), Limestone (113), Mullen (411), and Pace West (412) Precincts and parts of the Buckland Mills (110), Evergreen (401), Marsteller (107), Sinclair (404), Sudley North (409), and Victory (108) Precincts. Fourteenth. Part of Isle of Wight County comprised of the Carrsville (503), Walters (501), and Zuni (504) Precincts and part of the Windsor (402) Precinct; part of Southampton County comprised of the Berlin (101), Hunterdale (501), Ivor (102), and Sedley (602) Precincts; part of the City of Chesapeake comprised of the Bailey Creek (038), Bells Mill (009), Bells Mill II (046), Bethel (002), Bridgetown (037), Churchland (004), Coopers Way (051), Deep Creek (006), E. W. Chittum School (020), Fellowship (021), Grassfield (014), Great Bridge (001), Great Bridge Baptist Church (036), Green Sea (047), Greenbrier (007), Hickory Grove (016), Hickory Middle School (034), Indian Creek (017), John T. West (041), Jolliff One (019), Lake Drummond (039), Pleasant Crossing (043), Shipyard Road (052), Sunray I (028), and Waterway (049) Precincts and parts of the Oak Grove (023), Silverwood (027), and Sunray II (045) Precincts; part of the City of Franklin comprised of the Precinct 1-1 (101) and Precinct 2-1 (201) Precincts; part of the City of Portsmouth comprised of the Twenty-Nine (029), Thirty (030), Thirty-Two (032), and Thirty-Three (033) Precincts; part of the City of Suffolk comprised of the Airport (401), Cypress Chapel (303), Holland (502), Holy Neck (503), Kilby's Mill (501), Lake Cohoon (504), Lakeside (601), and Whaleyville (402) Precincts and parts of the Elephants Fork/Westhaven (603) and King's Fork (203) Precincts; and part of the City of Virginia Beach comprised of the Bellamy (043), Blackwater (034), Creeds (032), Cromwell (054), Glenwood (058), Hillcrest (087), Indian Lakes (078), North Landing (088), Rosemont Forest (064), and Round Hill (071) Precincts. Fifteenth. All of Charlotte, Lunenburg, Mecklenburg, and Nottoway Counties; part of Brunswick County comprised of the Alberta (301), Broadnax (101), Danieltown (302), Elmore (303), King's Store (402), Rock Store (103), Seymour (304), Sturgeon (401), and Tillman (102) Precincts; part of Campbell County comprised of the Brookneal (701), Gladys (702), Morris Church (703), and Three Forks (401) Precincts; part of Dinwiddie County comprised of the Cherry Hill (403), Church Road (103), Courthouse (501), Dinwiddie (401), Little Zion (402), McKenney (502), Reams (301), Rocky Run (503), and White Oak (102) Precincts and part of the New Hope (302) Precinct; part of Halifax County comprised of the Center (403), Clover (203), Crossroads (202), Dan River (502), Hyco (701), Midway (702), Scottsburg (503), and Virgilina (703) Precincts and parts of the Black Walnut (601), Clays Mill (201), and South Boston East (801) Precincts; part of Pittsylvania County comprised of the Bearskin (602), Callands (201), Dry Fork (607), Hurt (501), Motley Sycamore (502), Mt. Cross (705), Mt. Hermon (704), Sandy Level (204), Stony Mill (603), Swansonville (604), Tunstall (106), Twin Springs (103), West Blairs (108), and Whitmell (605) Precincts and parts of the Bachelors Hall (702), Central (301), Climax (206), East Blairs (307), East Gretna (309), Gretna (207), Keeling (402), Kentuck (404), Renan (503), Riceville (305), and Ringgold (405) Precincts; part of Prince George County comprised of the Blackwater (202), Bland (201), Brandon (203), Harrison (105), Richard Bland (101), and Templeton (102) Precincts; and part of the City of Danville comprised of the Ward Sixteen (016) and Ward Seventeen (017) Precincts. Sixteenth. All of the Cities of Hopewell and Petersburg; part of Chesterfield County comprised of the Bellwood (101), Carver (112), Drewry's Bluff (105), Dutch Gap (110), Elizabeth Scott (109), Enon (103), Ettrick (301), Harrowgate (106), and Matoaca (303) Precincts; part of Dinwiddie County comprised of the Chesdin (202), Edgehill (201), and Rohoic (101) Precincts and part of the New Hope (302) Precinct; part of Prince George County comprised of the Courts Bldg (204), Jefferson Park (205), Rives (104), and Union Branch (103) Precincts; and part of the City of Richmond comprised of the 509 (509), 510 (510), 609 (609), 610 (610), 701 (701), 702 (702), 703 (703), 705 (705), 706 (706), 707 (707), 802 (802), 806 (806), 810 (810), 811 (811), 812 (812), 814 (814), and 902 (902) Precincts. Seventeenth. All of Orange County; all of the City of Fredericksburg; part of Albemarle County comprised of the Agnor-Hurt (104), Branchlands (103), Dunlora (105), Free Bridge (504), Georgetown (203), and Keswick (501) Precincts and parts of the Jack Jouett (201), Stony Point (502), and Woodbrook (101) Precincts; part of Culpeper County comprised of the East Fairfax (201), Mitchells (601), Pearl Sample (602), and West Fairfax (101) Precincts; part of Louisa County comprised of the Cuckoo (502), Fredericks Hall (501), Louisa #1 (201), Louisa #2 (202), Mechanicsville (102), Mineral (401), Patrick Henry #1 (301), Yanceyville (402), and Zion (101) Precincts; and part of Spotsylvania County comprised of the Battlefield (701), Belmont (501), Brent's Mill (702), Brokenburg (502), Chancellor (204), Courthouse (504), Fairview (703), Frazers Gate (402), Hazel Run (302), Ni River (203), Piedmont (603), Salem (601), Smith Station (602), and Todd's Tavern (503) Precincts and parts of the Brock (505) and Plank Road (301) Precincts. Eighteenth. All of Greensville and Sussex Counties; all of the City of Emporia; part of Brunswick County comprised of the Dromgoole (201), Edgerton (202), Fitzhugh (203), and Lawrenceville (501) Precincts; part of Isle of Wight County comprised of the Camps Mill (502), Courthouse (401), Orbit (403), Pons (302), and Raynor (505) Precincts and part of the Windsor (402) Precinct; part of Southampton County comprised of the Blackwater River (701), Boykins (201), Branchville (202), Capron (301), Courtland (601), Drewryville (401), Forks-Of-The-River (502), Meherrin (203), Newsoms (702), and Sebrell (302) Precincts; part of Surry County comprised of the Carsley (401), Claremont (501), Dendron (301), Spring Grove (502), Surry (101), and Wall's Bridge (302) Precincts and part of the Bacon's Castle (201) Precinct; part of the City of Chesapeake comprised of the Nansemond (044) and Taylor Road (035) Precincts and part of the Silverwood (027) Precinct; part of the City of Franklin comprised of the Precinct 3-1 (301), Precinct 4-1 (401), Precinct 5-1 (501), and Precinct 6-1 (601) Precincts; part of the City of Portsmouth comprised of the One (001), Five (005), Seven (007), Nine (009), Ten (010), Eleven (011), Thirteen (013), Fourteen (014), Sixteen (016), Seventeen (017), Nineteen (019), Twenty (020), Twenty-One (021), Twenty-Two (022), Twenty-Three (023), Twenty-Four (024), Twenty-Five (025), Twenty-Six (026), Twenty-Seven (027), Twenty-Eight (028), Thirty-One (031), Thirty-Four (034), Thirty-Five (035), and Thirty-Six (036) Precincts and part of the Thirty-Eight (038) Precinct; and part of the City of Suffolk comprised of the Bennetts Creek (104), Chuckatuck (202), Hollywood (701), John F. Kennedy (302), Nansemond River (703), Olde Towne (602), Southside (403), White Marsh (301), and Yeates (705) Precincts and parts of the Elephants Fork/Westhaven (603), and King's Fork (203) Precincts. Nineteenth. All of Floyd County; all of the City of Salem; part of Bedford County comprised of the Bethesda Methodist Church (303), Huddleston Elem School (305), and Saunders Vol Fire Dept (205) Precincts; part of Carroll County comprised of the Dugspur (303), Gladeville (502), Hillsville C (301), Laurel (504), Sylvatus (302), Vaughn (501), and Woodlawn E (503) Precincts and parts of the Hillsville B (201) and Woodlawn D (402) Precincts; part of Franklin County comprised of the Bonbrook (602), Boones Mill (601), Bowmans (503), Burnt Chimney (102), Callaway (502), Cooper's Cove (603), Dudley (204), Endicott (403), Ferrum (402), Gogginsville (504), and Scruggs (103) Precincts and parts of the Glade Hill (201), Henry (401), Hodgesville (203), Penhook (202), Rocky Mount East (701), Rocky Mount South (703), Rocky Mount West (702), and Waidsboro (501) Precincts; part of Montgomery County comprised of the C-1 (301), C-2 (302), D-1 (401), D-2 (402), D-3 Part 1 (403), and D-4 (404) Precincts and parts of the B-1 (201), B-3 (203), B-4 (204), C-3 (303), C-4 (304), and D-5 (405) Precincts; part of Roanoke County comprised of the Bent Mountain (301), Bonsack (402), Castle Rock (305), Cave Spring (503), Clearbrook (505), Cotton Hill (501), Glenvar (103), Green Hill (106), Hunting Hills (507), Lindenwood (405), Mason Valley (102), Mount Pleasant (406), North Vinton (403), Oak Grove (304), Penn Forest (502), Peters Creek (105), Poages Mill (302), South Vinton (404), Wildwood (108), and Windsor Hills (303) Precincts and part of the Northside (104) Precinct; and part of Wythe County comprised of the East Wytheville (303), Fort Chiswell (401), Huddle (601), Jackson Memorial (501), Max Meadows (402), and Sheffey (502) Precincts. Twentieth. All of Henry and Patrick Counties; all of the Cities of Galax and Martinsville; part of Carroll County comprised of the Fancy Gap (404), Gladesboro (203), Hillsville D (401), Lambsburg (103), Laurel Fork (202), Mount Bethel (101), Oakland A (104), Oakland D (403), and St. Paul (102) Precincts and parts of the Hillsville B (201) and Woodlawn D (402) Precincts; part of Franklin County comprised of the Dickinson (304), Fork Mountain (302), Snow Creek (301), and Sontag (303) Precincts and parts of the Glade Hill (201), Henry (401), Hodgesville (203), Penhook (202), Rocky Mount East (701), Rocky Mount South (703), Rocky Mount West (702), and Waidsboro (501) Precincts; part of Halifax County comprised of the Childrey (101), Courthouse (401), Liberty (102), Meadville (302), Mt. Carmel (603), Republican Grove (103), Sinai (305), South Boston West (802), Union (605), and Vernon Hill (304) Precincts and parts of the Black Walnut (601), Clays Mill (201), and South Boston East (801) Precincts; part of Pittsylvania County comprised of the Brosville (606), Chatham (105), Ferry Road (703), and Mt. Airy (308) Precincts and parts of the Bachelors Hall (702), Central (301), Climax (206), East Blairs (307), East Gretna (309), Gretna (207), Keeling (402), Kentuck (404), Renan (503), Riceville (305), and Ringgold (405) Precincts; and part of the City of Danville comprised of the Ward One (001), Ward Two (002), Ward Three (003), Ward Four (004), Ward Five (005), Ward Six (006), Ward Seven (007), Ward Eight (008), Ward Nine (009), Ward Ten (010), Ward Eleven (011), Ward Twelve (012), Ward Thirteen (013), Ward Fourteen (014), and Ward Fifteen (015) Precincts. Twenty-first. All of Giles County; all of the City of Roanoke; part of Montgomery County comprised of the A-1 (101), A-2 (102), A-3 (103), B-2 (202), E-1 (501), E-2 (502), F-1 (601), F-2 (602), G-1 (701), and G-2 (702) Precincts and parts of the B-1 (201), B-3 (203), B-4 (204), C-3 (303), C-4 (304), and D-5 (405) Precincts; and part of Roanoke County comprised of the Bennett Springs (107), Botetourt Springs (204), Burlington (202), Catawba (101), Garst Mill (306), Mount Vernon (506), and Ogden (504) Precincts and part of the Northside (104) Precinct. Twenty-second. All of Amherst, Appomattox, Buckingham, Cumberland, Fluvanna, Goochland, and Prince Edward Counties; part of Louisa County comprised of the Bumpass (601), Locust Creek (602), Sheltons Mill (701), and South Anna (702) Precincts; and part of the City of Lynchburg comprised of the First Ward Second Precinct (102), First Ward Third Precinct (103), First Ward Fourth Precinct (104), First Ward Fifth Precinct (105), Second Ward First Precinct (201), Second Ward Second Precinct (202), Second Ward Third Precinct (203), Third Ward First Precinct (301), Third Ward Second Precinct (302), Fourth Ward Second Precinct (402), and Fourth Ward Third Precinct (403) Precincts and part of the First Ward First Precinct (101) Precinct. Twenty-third. All of Botetourt and Craig Counties; all of the City of Bedford; part of Bedford County comprised of the Bedford Christian Church (703), Bedford County PSA (302), Big Island Elem School (502), Body Camp Elem School (204), Boonsboro Elem School (505), Boonsboro Ruritan Club (506), Chamblissburg First Aid Bldg (103), Forest Elem School (401), Forest Youth Athletic Assoc. (304), Goode Rescue Squad (701), Goodview Elem School (101), Hardy Fire & Rescue Bldg (102), Knights of Columbus Bldg (403), Liberty High School (702), Moneta Elem School (203), Montvale Elem School (601), New London Academy (301), Odd Fellows Hall (504), Pleasant View (507), Saunders Grove Brethren Church (604), Sedalia Center (503), Shady Grove Baptist Church (602), Staunton River High School (202), Suck Springs (704), Thaxton Elem School (603), and Thomas Jefferson Elem School (402) Precincts; part of Campbell County comprised of the Airport (601), Altavista (303), Bedford Springs (202), Brookville (101), Concord (603), Court House (402), Evington (301), Kings (602), Lynch Station (302), New London (102), Spring Hill (501), Walker (201), and Yellow Branch (502) Precincts; part of Roanoke County comprised of the Hollins (206), Mountain View (203), Orchards (205), and Plantation (201) Precincts; and part of the City of Lynchburg comprised of the Third Ward Third Precinct (303), Third Ward Fourth Precinct (304), Third Ward Fifth Precinct (305), Fourth Ward First Precinct (401), and Fourth Ward Fourth Precinct (404) Precincts and part of the First Ward First Precinct (101) Precinct. Twenty-fourth. All of Augusta, Greene, and Madison Counties; all of the Cities of Staunton and Waynesboro; part of Culpeper County comprised of the Brown's Store (402), Cardova (303), Eggbornsville (302), Eldorado (401), Lignum (703), Richardsville (704), and Rixeyville (502) Precincts and part of the Brandy Station (702) Precinct; and part of Rockingham County comprised of the Cross Keys (306), Elkton (501), Grottoes (304), Keezletown (301), Massanetta Springs (305), McGaheysville (503), Montezuma (402), Mt. Crawford (403), North River (303), Port Republic (302), South Fork (504), Stony Run (505), and Swift Run (502) Precincts. Twenty-fifth. All of Alleghany, Bath, Highland, Nelson, and Rockbridge Counties; all of the Cities of Buena Vista, Charlottesville, Covington, and Lexington; and part of Albemarle County comprised of the Belfield (204), Brownsville (604), Burnley (505), Cale (405), Country Green (305), Crozet (601), Earlysville (603), East Ivy (304), Free Union (602), Hollymead (503), Ivy (301), Monticello (402), Northside (106), Porter's (403), Red Hill (302), Scottsville (401), Stone Robinson (406), University Hall (202), and Yellow Mountain (605) Precincts and parts of the Jack Jouett (201), Stony Point (502), and Woodbrook (101) Precincts. Twenty-sixth. All of Page, Rappahannock, Shenandoah, and Warren Counties; all of the City of Harrisonburg; and part of Rockingham County comprised of the Bergton (104), Bridgewater (401), Broadway (101), Dayton (404), Edom (202), Fulks Run (103), Lacey Spring (105), Melrose (203), Mt. Clinton (204), Ottobine (207), Plains (107), Silver Lake (405), Singers Glen (201), Tenth Legion (106), and Timberville (102) Precincts. Twenty-seventh. All of Clarke, Fauquier, and Frederick Counties; all of the City of Winchester; part of Culpeper County comprised of the Jeffersonton (501) Precinct and part of the Brandy Station (702) Precinct; part of Loudoun County comprised of the Aldie (309), Middleburg (307), and St. Louis (308) Precincts; and part of Stafford County comprised of the Hartwood (101) Precinct and part of the Ruby (203) Precinct. Twenty-eighth. Part of King George County comprised of the Dahlgren (301), James Monroe (201), and Passapatanzy (102) Precincts and parts of the Courthouse (101) and Shiloh (401) Precincts; part of Prince William County comprised of the Alvey (406), Brentsville (101), Marshall (202), Mountain View (410), and Park (109) Precincts and parts of the Bennett (102), Benton (203), Buckland Mills (110), Cedar Point (112), Evergreen (401), Forest Park (310), Nokesville (104), and Woodbine (209) Precincts; part of Spotsylvania County comprised of the Elys Ford (201), Grange Hall (303), and Wilderness (202) Precincts and parts of the Brock (505) and Plank Road (301) Precincts; part of Stafford County comprised of the Aquia (401), Brooke (403), Chatham (602), Courthouse (402), Drew (503), Falmouth (502), Ferry Farm (601), Gayle (504), Grafton (501), Hampton (703), Harbor (303), Ramoth (104), Rocky Run (102), Roseville (202), Simpson (103), Stefaniga (204), White Oak (603), Whitson (702), and Woodlands (701) Precincts and parts of the Rock Hill (201), Ruby (203), and Widewater (302) Precincts; and part of Westmoreland County comprised of the Precinct 3-1 (301), Precinct 4-1 (401), and Precinct 5-1 (501) Precincts. Twenty-ninth. All of the Cities of Manassas and Manassas Park; and part of Prince William County comprised of the Bel Air (606), Beville (205), Buckhall (103), Civic Center (604), Dale (601), Ellis (106), Enterprise (608), Freedom (609), Godwin (603), Kerrydale (607), King (206), Library (702), Neabsco (602), Potomac (302), Pr. William A (000), Saunders (201), Stonewall (405), and Westgate (407) Precincts and parts of the Bennett (102), Benton (203), Buckland Mills (110), Cedar Point (112), Featherstone (704), Lodge (207), Lynn (703), Marsteller (107), Minnieville (605), Nokesville (104), Occoquan (502), Parkside (105), Penn (210), Rippon (706), River Oaks (708), Sinclair (404), Sudley North (409), Swans Creek (311), Victory (108), and Woodbine (209) Precincts. Thirtieth. Part of Arlington County comprised of the Abingdon (022), Arlington (001), Aurora Hills (003), Claremont (028), Columbia (009), Crystal City (006), Crystal Plaza (050), Fairlington (012), Four Mile Run (047), Glebe (030), Oakridge (032), Shirlington (042), and Virginia Highlands (021) Precincts; part of Fairfax County comprised of the Belle Haven (601), Belleview (602), Cameron (402), Clermont (423), Fort Hunt (605), Grosvenor (621), Huntington (607), Marlan (609), Mount Eagle (408), Waynewood (612), Westgate (613), and Whitman (614) Precincts and parts of the Groveton (405), Gunston (616), Hayfield (406), Hollin Hall (606), Rose Hill (410), Stratford (611), Villages (420), Virginia Hills (411), Wilton (425), and Woodley (615) Precincts; and part of the City of Alexandria comprised of the Agudas Achim Synagogue (203), Blessed Sacrament Church (204), Chinquapin Park Recreation Center (206), City Hall (102), Cora Kelley Center (106), Douglas MacArthur School (205), Durant Center (104), Fire Department Headquarters (109), George Mason School (202), George Washington Middle School (108), Ladrey Senior Building (101), Lee Center (105), Lyles Crouch School (103), Maury School (201), Mt. Vernon Recreation Center (107), and Nova Arts Center (208) Precincts. Thirty-first. Part of Arlington County comprised of the Arlington Forest (025), Arlington Mill (043), Arlington View (038), Ashton Heights (002), Barcroft (005), Buckingham (045), Central (046), Cherrydale (007), Clarendon (014), Courtlands (048), Dawson (044), Fillmore (026), Glen Carlyn (013), Hume (008), Jefferson (027), Lyon Park (015), Lyon Village (016), Madison (035), Marshall (036), Monroe (049), Park Lane (018), Rosslyn (019), Taylor (051), Thrifton (020), Virginia Square (040), Wilson (010), and Woodbury (041) Precincts and part of the Ballston (004) Precinct; part of Fairfax County comprised of the Chain Bridge (301), Chesterbrook (302), Churchill (303), Clearview (321), Colvin (330), Cooper (304), Forestville (322), Great Falls (306), Hickory (328), Kenmore (309), Langley (311), Salona (316), Seneca (329), Shouse (323), Spring Hill (331), and Sugarland (327) Precincts; and part of Loudoun County comprised of the Lowes Island (607), Potomac Falls (209), Seneca (606), South Bank (609), Sugarland North (604), and Sugarland South (605) Precincts. Thirty-second. Part of Arlington County comprised of the Ashlawn (039), Dominion Hills (029), East Falls Church (011), Lexington (031), Nottingham (037), Overlee Knolls (017), Rock Spring (033), Westover (023), Woodlawn (024), and Yorktown (034) Precincts and part of the Ballston (004) Precinct; and part of Fairfax County comprised of the Aldrin (234), Cameron Glen (238), Dogwood (220), El Nido (305), Floris (203), Fox Mill (229), Freedom Hill (704), Glade (223), Haycock (307), Hunters Woods (221), Kinross (908), Kirby (310), Lees Corner East (920), Lees Corner West (927), Longfellow (312), Magarity (726), McLean (314), Navy (911), North Point (233), Pimmit (315), Reston #1 (208), Reston #2 (209), Reston #3 (222), South Lakes (224), Stuart (236), Sunrise Valley (227), Terraset (225), Tysons (731), Vale (914), Waples Mill (916), Westbriar (219), Westhampton (317), Westmoreland (318), and Wolftrap (226) Precincts and parts of the Flint Hill (202) and Franklin (905) Precincts. Thirty-third. Part of Fairfax County comprised of the Brookfield (902), Coppermine (239), Frying Pan (235), Herndon #1 (319), Herndon #2 (320), Herndon #3 (324), Hutchison (325), and McNair (237) Precincts and part of the Franklin (905) Precinct; and part of Loudoun County comprised of the Algonkian (208), Balls Bluff (406), Belmont Ridge (815), Brandon Park (506), Buchanan (211), Carter (117), Cascades (210), Claude Moore Park (212), Countryside (213), Dry Mill (503), East Leesburg (502), Farmwell Station (812), Forest Grove (705), Greenway (405), Guilford (704), Harper Park (407), Legacy (116), Mill Run (113), Mirror Ridge (608), Oak Grove (110), Park View (702), River Bend (207), Rolling Ridge (703), Selden's Landing (813), Smart's Mill (504), Sully (701), Tolbert (410), and West Leesburg (501) Precincts and parts of the Briar Woods (111), Cool Spring (505), Dulles South (114), Eagle Ridge (106), and Weller (816) Precincts. Thirty-fourth. All of the City of Fairfax; and part of Fairfax County comprised of the Blake (701), Bonnie Brae (126), Camelot (522), Cub Run (903), Deer Park (921), Fairfax A (0700), Greenbriar East (846), Greenbriar West (847), Kilmer (733), Laurel (119), Long Branch (122), Mantua (707), Mosby (709), Nottoway (729), Oak Hill (113), Oak Marr (732), Oakton (727), Olde Creek (109), Olley (124), Penderbrook (730), Pine Ridge (718), Poplar Tree (928), Price (711), Ridgelea (528), Robinson (123), Rocky Run (913), Sideburn (120), Stenwood (719), Stone (917), Thoreau (720), Vienna #1 (213), Vienna #2 (214), Vienna #4 (216), Vienna #6 (218), Villa (121), Wakefield (116), Walker (714), and Woodson (117) Precincts and parts of the Centerpointe (844), Flint Hill (202), Lake Braddock (118), and Popes Head (841) Precincts. Thirty-fifth. All of the City of Falls Church; part of Fairfax County comprised of the Baileys (501), Barcroft (502), Bren Mar (526), Brook Hill (521), Cardinal (128), Crestwood (415), Edsall (527), Fort Buffalo (703), Glen Forest (505), Glen Forest #2 (529), Graham (705), Greenway (706), Holmes #1 (506), Holmes #2 (530), Irving (827), Keene Mill (129), Leewood (531), Lincolnia (507), Lynbrook (418), Marshall (708), Merrifield (721), North Springfield # 1 (110), North Springfield # 2 (111), Parklawn (510), Pine Spring (710), Poe (523), Ravensworth (115), Ravenwood (511), Shreve (712), Skyline (520), Timber Lane (713), Walnut Hill # 1 (525), Walnut Hill # 2 (728), Westlawn (515), Weyanoke (516), Whittier (524), and Willston (517) Precincts and parts of the Kings Park (108) and Sleepy Hollow (512) Precincts; and part of the City of Alexandria comprised of the John Adams School (305), South Port (307), St. James Church (210), and William Ramsey School (306) Precincts. Thirty-sixth. Part of Fairfax County comprised of the Bucknell (604), Fairfield (413), Franconia (404), Huntley (424), Kirkside (608), Lorton Center (625), Sherwood (610), and Woodlawn (627) Precincts and parts of the Belvoir (619), Groveton (405), Gunston (616), Hayfield (406), Hollin Hall (606), Stratford (611), Villages (420), Virginia Hills (411), Wilton (425), and Woodley (615) Precincts; part of Prince William County comprised of the Ashland (309), Belmont (701), Bethel (506), Chinn (507), Dumfries (301), Graham Park (303), Henderson (307), Kilby (707), Montclair (308), Pattie (305), Potomac View (705), Powell (211), Quantico (304), and Washington-Reid (306) Precincts and parts of the Featherstone (704), Forest Park (310), Lodge (207), Lynn (703), Minnieville (605), Occoquan (502), Rippon (706), River Oaks (708), and Swans Creek (311) Precincts; and part of Stafford County comprised of the Griffis (301) Precinct and parts of the Rock Hill (201) and Widewater (302) Precincts. Thirty-seventh. Part of Fairfax County comprised of the Belvedere (503), Bristow (102), Bull Run (923), Burke (801), Burke Centre (127), Centre Ridge (901), Centreville (918), Chapel (104), Cherry Run (825), Columbia (518), Dulles (904), Eagle View (853), Fair Oaks (848), Fairlakes (843), Fairview (105), Heritage (106), Hummer (519), London Towne East (910), London Towne West (924), Masonville (508), Monument (852), Old Mill (925), Orange (824), Parkway (842), Pohick (811), Powell (926), Saint Albans (513), Sangster (838), Signal Hill (125), Terra Centre (130), Valley (812), Virginia Run (915), White Oaks (833), Willow Springs (851), and Woodburn (717) Precincts and parts of the Centerpointe (844), Fairfax Station (805), Green Trails (919), Hunt (624), Kings Park (108), Lake Braddock (118), Popes Head (841), and Sleepy Hollow (512) Precincts. Thirty-eighth. All of Bland, Buchanan, Dickenson, Pulaski, Russell, and Tazewell Counties; all of the Cities of Norton and Radford; part of Montgomery County comprised of the D-3 Part 2 (4032) Precinct; part of Smyth County comprised of the Rich Valley (202) and Saltville (101) Precincts; and part of Wise County comprised of the Appalachia (101), Big Stone Gap (301), Dorchester (102), East Pound (203), Guest River (103), St. Paul (403), and West Pound (104) Precincts. Thirty-ninth. Part of Fairfax County comprised of the Alban (623), Bush Hill (401), Clifton (803), Fountainhead (845), Garfield (417), Greenspring (426), Island Creek (427), Kingstowne (421), Lane (419), Laurel Hill (628), Lorton (617), Lorton Station (622), Newgate North (849), Newgate South (854), Newington (618), Pioneer (409), Saratoga (626), Silverbrook (839), South County (629), South Run (850), Van Dorn (422), West Springfield (840), and Woodyard (815) Precincts and parts of the Belvoir (619), Fairfax Station (805), Green Trails (919), Hunt (624), and Rose Hill (410) Precincts; part of Prince William County comprised of the Lake Ridge (501), McCoart (204), Mohican (505), Old Bridge (503), Rockledge (504), Signal Hill (114), Springwoods (508), and Westridge (208) Precincts and parts of the Benton (203), Parkside (105), and Penn (210) Precincts; and part of the City of Alexandria comprised of the Cameron Station Community Center (308), Charles E. Beatley Library (303), James K. Polk School (209), Patrick Henry Rec Center (302), Samuel Tucker School (304), and Temple Beth El Synagogue (207) Precincts. Fortieth. All of Grayson, Lee, Scott, and Washington Counties; all of the City of Bristol; part of Smyth County comprised of the Adwolfe (701), Atkins (501), Chilhowie (301), East Park (401), Konnarock (703), Royal Oak East (601), Royal Oak West (602), Seven Mile Ford (201), St. Clair (302), Sugar Grove (702), Wassona (502), and West Park (402) Precincts; part of Wise County comprised of the Clinch Valley (401), East Stone Gap (302), North Coeburn (201), South Coeburn (402), and Wise (202) Precincts; and part of Wythe County comprised of the Evergreen (603), Royal Oak (101), Rural Retreat (102), West Wytheville (203), and Zion (602) Precincts. (2011, Sp. Sess. I, c. 1.)

Cross references. - For constitutional provision as to apportionment of State into senatorial and house districts, see Va. Const., Art. II, § 6.

For constitutional provision as to number of senators, see Va. Const., Art. IV, § 2.

Editor's note. - Acts 2011, Special Session I, c. 1 was subject to preclearance by the Department of Justice, pursuant to section 5 of the federal Voting Rights Act. Preclearance was granted by letter dated June 17, 2011.

Acts 2011, Special Session I, c. 1 is effective on April 29, 2011, pursuant to Va. Const., Art. II, § 6.

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, §§ 5, 6.

Editor's note. - The cases below were decided under prior law.

§ 24.2-304.

Repealed by Acts 2001, Sp. Sess. I, c. 1.

Editor's note. - The repeal of this section was subject to preclearance by the Department of Justice, pursuant to § 5 of the federal Voting Rights Act. The repeal was precleared on June 15, 2001.

§§ 24.2-304.01, 24.2-304.02.

Repealed by Acts 2011, Sp. Sess. I, c. 1, cl. 2, effective April 29, 2011.

Cross references. - As to current composition of house of delegates districts, see § 24.2-304.03 .

Editor's note. - Former §§ 24.2-304.01 and 24.2-304.02 were repealed by Acts 2011, Sp. Sess. I, c. 1, cl. 2, effective April 29, 2011, pursuant to Va. Const., Art. II, § 6.

Acts 2011, Special Session I, c. 1 was subject to preclearance by the Department of Justice, pursuant to section 5 of the federal Voting Rights Act. Preclearance was granted by letter dated June 17, 2011.

Former §§ 24.2-304.01 and 24.2-304.02, pertaining to House of Delegates districts, were derived from Acts 2001, Sp. Sess. I, c. 1 and Acts 2003, c. 903; 2004, cc. 20, 451, 479, 932; 2005, c. 658; 2006, cc. 240, 261, respectively.

§ 24.2-304.03. House of Delegates districts.

1. There shall be 100 members of the House of Delegates elected from 100 House of Delegates districts and each district is entitled to representation by one delegate.
2. All references in this section to boundaries of counties and cities shall be interpreted to refer to those in existence on April 1, 2011, and as reported by the United States Bureau of the Census in the 2010 Census reports provided pursuant to United States Public Law 94-171, notwithstanding subsequent boundary changes by law, annexation, merger, consolidation, or the voiding of boundary changes theretofore made final.
3. Parts of counties and cities listed in subsection D are defined by reference to the 2010 Census reports for the precincts, parts of precincts, and blocks listed for each House of Delegates district in the Statistical Report on file with the Clerk of the House of Delegates for the Act of Assembly containing the final enactment of this section. Precincts shall be interpreted to refer to those in existence on April 1, 2011, and as reported by the United States Bureau of the Census in the 2010 Census reports provided pursuant to United States Public Law 94-171, notwithstanding subsequent changes made by localities.
4. The 100 House of Delegates districts are: First. All of Lee and Scott Counties; all of the City of Norton; and part of Wise County comprised of the Appalachia (101), Big Stone Gap (301), Clinch Valley (401), Dorchester (102), East Stone Gap (302), Guest River (103), and Wise (202) Precincts and part of the East Pound (203) Precinct. Second. Part of Prince William County comprised of the Belmont (701), Featherstone (704), Potomac View (705), Quantico (304), Rippon (706), River Oaks (708), and Swans Creek (311) Precincts; and part of Stafford County comprised of the Rock Hill (201), Roseville (202), Ruby (203), Stefaniga (204), Widewater (302), and Woodlands (701) Precincts and part of the Whitson (702) Precinct. Third. All of Bland, Buchanan, and Tazewell Counties; and part of Russell County comprised of the Drill (401) and Swords Creek (402) Precincts and part of the Honaker (303) Precinct. Fourth. All of Dickenson County; part of Russell County comprised of the Cleveland (203), Cooks Mill (301), Copper Creek (102), Dante (202), Daughterty (302), East Lebanon (501), Elk Garden (403), Moccasin (101), North Castlewood (201), South Castlewood (103), and West Lebanon (502) Precincts and part of the Honaker (303) Precinct; part of Washington County comprised of the Burson Place (601), East Abingdon (101), Greendale (202), Mendota (602), South Abingdon (302), Valley Institute (603), Wallace (702), and West Abingdon (102) Precincts; and part of Wise County comprised of the North Coeburn (201), South Coeburn (402), St. Paul (403), and West Pound (104) Precincts and part of the East Pound (203) Precinct. Fifth. All of Grayson County; all of the Cities of Bristol and Galax; part of Smyth County comprised of the Adwolfe (701), Chilhowie (301), Konnarock (703), Royal Oak West (602), Seven Mile Ford (201), and St. Clair (302) Precincts; and part of Washington County comprised of the Clinchburg (201), Damascus (502), Glade Spring (401), Green Cove (504), Hayter's Gap (203), High Point (701), John Battle (703), Meadowview (402), Rhea Valley (501), and Watauga (301) Precincts. Sixth. All of Carroll and Wythe Counties; and part of Smyth County comprised of the Atkins (501), East Park (401), Rich Valley (202), Royal Oak East (601), Saltville (101), Sugar Grove (702), Wassona (502), and West Park (402) Precincts. Seventh. All of Floyd County; part of Montgomery County comprised of the B-3 (203), B-4 (204), C-2 (302), D-1 (401), D-2 (402), D-3 Part 1 (403), D-4 (404), and D-5 (405) Precincts and part of the E-1 (501) Precinct; and part of Pulaski County comprised of the Draper (201), Dublin (301), Hiwassee (302), Massie (401), Newbern (203), Robinson (501), Snowville (304), South Pulaski (202), Walker (402), and West Cloyd (103) Precincts. Eighth. All of Craig County; all of the City of Salem; part of Montgomery County comprised of the A-1 (101), B-2 (202), C-1 (301), C-3 (303), and C-4 (304) Precincts; and part of Roanoke County comprised of the Bennett Springs (107), Bent Mountain (301), Castle Rock (305), Catawba (101), Cave Spring (503), Cotton Hill (501), Glenvar (103), Green Hill (106), Mason Valley (102), Oak Grove (304), Poages Mill (302), and Wildwood (108) Precincts and part of the Penn Forest (502) Precinct. Ninth. All of Patrick County; part of Franklin County comprised of the Boones Mill (601), Bowmans (503), Callaway (502), Dickinson (304), Dudley (204), Endicott (403), Ferrum (402), Fork Mountain (302), Glade Hill (201), Gogginsville (504), Henry (401), Hodgesville (203), Penhook (202), Rocky Mount East (701), Rocky Mount South (703), Rocky Mount West (702), Scruggs (103), Snow Creek (301), Sontag (303), and Waidsboro (501) Precincts; and part of Henry County comprised of the Bassett No. 1 (501), Bassett No. 2 (101), Gunville (102), Horsepasture #1 (202), Scott's Tanyard (103), and Spencer (204) Precincts. Tenth. Part of Clarke County comprised of the White Post (401) Precinct and part of the Millwood (301) Precinct; part of Frederick County comprised of the Carpers Valley (401) and Shenandoah (402) Precincts and part of the Parkins Mill (403) Precinct; and part of Loudoun County comprised of the Aldie (309), Brandon Park (506), Briar Woods (111), Cool Spring (505), Dry Mill (503), East Leesburg (502), Evergreen (408), Harper Park (407), Middleburg (307), Smart's Mill (504), St. Louis (308), Tolbert (410), and West Leesburg (501) Precincts and parts of the Belmont Ridge (815), Philomont (305), and Pinebrook (115) Precincts. Eleventh. Part of the City of Roanoke comprised of the Eureka Park (020), Fishburn Park (031), Highland No. 1 (001), Highland No. 2 (002), Jefferson No. 1 (005), Jefferson No. 2 (008), Lincoln Terrace (016), Melrose (019), Peters Creek (018), Raleigh Court No. 1 (024), Raleigh Court No. 2 (026), Raleigh Court No. 3 (027), Raleigh Court No. 4 (028), Raleigh Court No. 5 (029), South Roanoke No. 1 (033), South Roanoke No. 2 (034), Tinker (009), Villa Heights (021), Wasena (030), Washington Heights (022), Westside (023), Williamson Road No. 1 (010), Williamson Road No. 2 (011), Williamson Road No. 3 (012), Williamson Road No. 4 (013), Williamson Road No. 5 (014), and Williamson Road No. 6 (015) Precincts. Twelfth. All of Giles County; all of the City of Radford; part of Montgomery County comprised of the A-2 (102), A-3 (103), B-1 (201), D-3 Part 2 (4032), E-2 (502), F-1 (601), F-2 (602), G-1 (701), and G-2 (702) Precincts and part of the E-1 (501) Precinct; and part of Pulaski County comprised of the Belspring (101) and New River (102) Precincts. Thirteenth. All of the City of Manassas Park; and part of Prince William County comprised of the Buckland Mills (110), Bull Run (403), Glenkirk (408), Limestone (113), Mullen (411), Pace West (412), Parkside (105), Signal Hill (114), Sinclair (404), and Sudley North (409) Precincts and parts of the Battlefield (402) and Stonewall (405) Precincts. Fourteenth. All of the City of Danville; part of Henry County comprised of the Fontaine (601), Hillcrest (602), Irisburg (303), Mount Olivet (304), Ridgeway #1 (603), and Ridgeway #2 (604) Precincts and part of the Axton (302) Precinct; and part of Pittsylvania County comprised of the Bachelors Hall (702), Brosville (606), Ferry Road (703), Keeling (402), Kentuck (404), Mt. Hermon (704), Ringgold (405), and Stony Mill (603) Precincts. Fifteenth. All of Page and Shenandoah Counties; part of Rockingham County comprised of the Lacey Spring (105) and Tenth Legion (106) Precincts and part of the Plains (107) Precinct; and part of Warren County comprised of the Bentonville (502), Browntown (504), Fork Town (101), Otterburn (102), and Waterlick (103) Precincts. Sixteenth. All of the City of Martinsville; part of Henry County comprised of the Collinsville Number 1 (401), Collinsville Number 2 (404), Daniel's Creek (402), Dyers Store (505), Fieldale (201), Figsboro (502), Horsepasture #2 (203), Mountain Valley (305), Mountain View (405), Oak Level (504), and Stanleytown (503) Precincts and part of the Axton (302) Precinct; and part of Pittsylvania County comprised of the Bearskin (602), Callands (201), Central (301), Chatham (105), Climax (206), Dry Fork (607), East Blairs (307), East Gretna (309), Gretna (207), Hurt (501), Motley Sycamore (502), Mt. Airy (308), Mt. Cross (705), Renan (503), Riceville (305), Sandy Level (204), Swansonville (604), Tunstall (106), Twin Springs (103), West Blairs (108), and Whitmell (605) Precincts. Seventeenth. Part of Botetourt County comprised of the Cloverdale (502) Precinct; part of Roanoke County comprised of the Bonsack (402), Botetourt Springs (204), Burlington (202), Clearbrook (505), Garst Mill (306), Hollins (206), Hunting Hills (507), Lindenwood (405), Mount Pleasant (406), Mount Vernon (506), Mountain View (203), North Vinton (403), Northside (104), Ogden (504), Orchards (205), Peters Creek (105), Plantation (201), South Vinton (404), and Windsor Hills (303) Precincts and part of the Penn Forest (502) Precinct; and part of the City of Roanoke comprised of the Garden City (037), Grandin Court (032), Jefferson-Riverdale (007), Lee-Hi (035), and Monterey (017) Precincts. Eighteenth. All of Rappahannock County; part of Culpeper County comprised of the Brandy Station (702), Eggbornsville (302), Jeffersonton (501), and Rixeyville (502) Precincts; part of Fauquier County comprised of the Airlie (202), Baldwin Ridge (203), Bealeton (303), Broad Run (503), Courthouse (201), Leeds (402), Marshall (401), Opal (105), The Plains (501), Warrenton (204), and Waterloo (403) Precincts; and part of Warren County comprised of the East Shenandoah (401), Happy Creek (201), Linden (202), and South River (501) Precincts. Nineteenth. All of Alleghany County; all of the Cities of Bedford and Covington; part of Bedford County comprised of the Bedford Christian Church (703), Bedford County PSA (302), Goode Rescue Squad (701), Goodview Elem School (101), Hardy Fire & Rescue Bldg (102), Montvale Elem School (601), Saunders Grove Brethren Church (604), and Shady Grove Baptist Church (602) Precincts and parts of the Liberty High School (702) and Thaxton Elem School (603) Precincts; and part of Botetourt County comprised of the Amsterdam (101), Asbury (102), Blue Ridge (201), Buchanan (301), Courthouse (402), Coyner Springs (501), Eagle Rock (403), Glen Wilton (404), Mill Creek (302), Oriskany (405), Rainbow Forest (202), Roaring Run (303), Springwood (304), Town Hall (406), and Troutville (104) Precincts. Twentieth. All of Highland County; all of the Cities of Staunton and Waynesboro; part of Augusta County comprised of the Buffalo Gap (401), Cedar Green (405), Churchville Fire Station (304), Churchville School (402), Deerfield (404), Expo (102), Jolivue (101), Lyndhurst (603), Mount Solon (303), North River (302), and Sherando (601) Precincts and parts of the Fisherville (802) and White Hill (504) Precincts; and part of Nelson County comprised of the Montebello (402), Nellysford (502), Rockfish (101), and Roseland (401) Precincts. Twenty-first. Part of the City of Chesapeake comprised of the Waterway (049) Precinct; and part of the City of Virginia Beach comprised of the Bellamy (043), Centerville (044), Colonial (065), Cromwell (054), Dahlia (073), Glenwood (058), Hillcrest (087), Indian Lakes (078), Lake Christopher (089), Manor (068), Rosemont Forest (064), Round Hill (071), Stratford Chase (051), Timberlake (045), and Windsor Oaks (036) Precincts. Twenty-second. Part of Bedford County comprised of the Bethesda Methodist Church (303), Body Camp Elem School (204), Chamblissburg First Aid Bldg (103), Forest Youth Athletic Assoc. (304), Huddleston Elem School (305), Knights Of Columbus Bldg (403), Moneta Elem School (203), New London Academy (301), Pleasant View (507), Saunders Vol Fire Dept (205), Staunton River High School (202), and Thomas Jefferson Elem School (402) Precincts; part of Campbell County comprised of the Airport (601), Brookville (101), Kings (602), New London (102), and Walker (201) Precincts; part of Franklin County comprised of the Bonbrook (602), Burnt Chimney (102) and Cooper's Cove (603) Precincts; and part of the City of Lynchburg comprised of the Second Ward First Precinct (201), Second Ward Second Precinct (202), Second Ward Third Precinct (203), Third Ward First Precinct (301), Third Ward Second Precinct (302), and Third Ward Third Precinct (303) Precincts. Twenty-third. Part of Amherst County comprised of the Madison (501) and Wright Shop (101) Precincts and parts of the Amelon (401) and Elon (302) Precincts; part of Bedford County comprised of the Big Island Elem School (502), Boonsboro Elem School (505), Boonsboro Ruritan Club (506), Forest Elem School (401), Odd Fellows Hall (504), Sedalia Center (503), and Suck Springs (704) Precincts and parts of the Liberty High School (702) and Thaxton Elem School (603) Precincts; and part of the City of Lynchburg comprised of the First Ward First Precinct (101), First Ward Second Precinct (102), First Ward Third Precinct (103), First Ward Fourth Precinct (104), First Ward Fifth Precinct (105), Third Ward Fourth Precinct (304), Third Ward Fifth Precinct (305), Fourth Ward First Precinct (401), Fourth Ward Second Precinct (402), Fourth Ward Third Precinct (403), and Fourth Ward Fourth Precinct (404) Precincts. Twenty-fourth. All of Bath and Rockbridge Counties; all of the Cities of Buena Vista and Lexington; part of Amherst County comprised of the Coolwell (103), Courthouse (201), Lonco (402), Monroe (301), New Glasgow (102), Pleasant View (303), and Temperance (202) Precincts and parts of the Amelon (401) and Elon (302) Precincts; and part of Augusta County comprised of the Craigsville (403), Greenville (501), Middlebrook (502), Spottswood (503), and Stuarts Draft (602) Precincts and part of the White Hill (504) Precinct. Twenty-fifth. Part of Albemarle County comprised of the Belfield (204), Brownsville (604), Crozet (601), Ivy (301), Jack Jouett (201), and Yellow Mountain (605) Precincts and part of the East Ivy (304) Precinct; part of Augusta County comprised of the Crimora (201), Dooms (801), Fort Defiance (301), New Hope (202), Verona (103), Weyers Cave (203), and Wilson (803) Precincts and part of the Fishersville (802) Precinct; and part of Rockingham County comprised of the Bridgewater (401), Grottoes (304), Massanetta Springs (305), Montezuma (402), Mt. Crawford (403), North River (303), Ottobine (207), and Port Republic (302) Precincts. Twenty-sixth. All of the City of Harrisonburg; and part of Rockingham County comprised of the Bergton (104), Broadway (101), Dayton (404), Edom (202), Fulks Run (103), Keezletown (301), Melrose (203), Mt. Clinton (204), Silver Lake (405), Singers Glen (201), Stony Run (505), and Timberville (102) Precincts and part of the Plains (107) Precinct. Twenty-seventh. Part of Chesterfield County comprised of the Beaufont (513), Crenshaw (414), Crestwood (502), Deer Run (302), Genito (402), Harbour Pointe (401), Huguenot (501), Jacobs (204), La Prade (405), Manchester (409), Monacan (407), Providence (404), Reams (408), S. Manchester (308), Spring Run (316), St. Lukes (212), Wagstaff (410), and Watkins (514) Precincts and parts of the Bailey Bridge (315), Davis (515), and Evergreen (312) Precincts. Twenty-eighth. Part of Stafford County comprised of the Aquia (401), Brooke (403), Chatham (602), Courthouse (402), Drew (503), Falmouth (502), Ferry Farm (601), Gayle (504), Grafton (501), Griffis (301), Harbor (303), and White Oak (603) Precincts and part of the Hampton (703) Precinct; and part of the City of Fredericksburg comprised of the District 2 (201) and District 4-Precinct 2 (402) Precincts and part of the District 4 (401) Precinct. Twenty-ninth. All of the City of Winchester; part of Frederick County comprised of the Albin (202), Canterburg (503), Cedar Creek (104), Gainesborough (201), Gore (102), Kernstown (103), Newtown (502), Redland (203), Russells (101), Stephens City (501), and White Hall (303) Precincts and part of the Parkins Mill (403) Precinct; and part of Warren County comprised of the North River (301), Reliance (303), Riverton (302), and West Shenandoah (402) Precincts. Thirtieth. All of Madison and Orange Counties; and part of Culpeper County comprised of the Brown's Store (402), Cardova (303), East Fairfax (201), Eldorado (401), Lignum (703), Mitchells (601), Pearl Sample (602), Richardsville (704), and West Fairfax (101) Precincts. Thirty-first. Part of Fauquier County comprised of the Casanova (103), Catlett (102), Kettle Run (101), and New Baltimore (502) Precincts; and part of Prince William County comprised of the Ashland (309), Beville (205), Enterprise (608), Forest Park (310), King (206), Lodge (207), Montclair (308), Park (109), Pattie (305), Powell (211), Saunders (201), and Washington-Reid (306) Precincts and parts of the Benton (203), Godwin (603), Henderson (307), and Minnieville (605) Precincts. Thirty-second. Part of Loudoun County comprised of the Algonkian (208), Ashburn Farm (102), Cedar Lane (810), Dominion (811), Eagle Ridge (106), Farmwell Station (812), Hillside (105), Newton-Lee (814), Russell Branch (809), Sanders Corner (101), Selden's Landing (813), Stone Bridge (808), and Weller (816) Precincts and parts of the Belmont Ridge (815), Countryside (213), and Mill Run (113) Precincts. Thirty-third. Part of Clarke County comprised of the Berryville (201), Blue Ridge (502), Buckmarsh (501), Pine Grove (302), and Russell (101) Precincts and part of the Millwood (301) Precinct; part of Frederick County comprised of the Ash Hollow (602), Clear Brook (301), Greenwood (603), Millbrook (601), and Neffs Town (302) Precincts; and part of Loudoun County comprised of the Balls Bluff (406), Between The Hills (306), Clarkes Gap (409), East Lovettsville (411), Greenway (405), Hamilton (304), Heritage (412), Hillsboro (303), Lucketts (403), Purcellville One (301), Purcellville Two (310), Round Hill (302), Waterford (402), West Lovettsville (401), and Woodgrove (311) Precincts and part of the Philomont (305) Precinct. Thirty-fourth. Part of Fairfax County comprised of the Chain Bridge (301), Churchill (303), Colvin (330), Cooper (304), Forestville (322), Great Falls (306), Hickory (328), Kenmore (309), Langley (311), Seneca (329), Shouse (323), Spring Hill (331), Westbriar (219), and Wolftrap (226) Precincts and part of the Salona (316) Precinct; and part of Loudoun County comprised of the Lowes Island (607), Potomac Falls (209), River Bend (207), Seneca (606), South Bank (609), Sugarland North (604), and Sugarland South (605) Precincts. Thirty-fifth. Part of Fairfax County comprised of the Blake (701), Centerpointe (844), Freedom Hill (704), Kilmer (733), Magarity (726), Nottoway (729), Oak Marr (732), Oakton (727), Penderbrook (730), Stenwood (719), Thoreau (720), Tysons (731), Vienna #1 (213), Vienna #2 (214), Vienna #4 (216), and Vienna #6 (218) Precincts and parts of the Flint Hill (202) and Mosby (709) Precincts. Thirty-sixth. Part of Fairfax County comprised of the Aldrin (234), Cameron Glen (238), Dogwood (220), Frying Pan (235), Glade (223), Hunters Woods (221), McNair (237), North Point (233), Reston #1 (208), Reston #2 (209), Reston #3 (222), South Lakes (224), Sunrise Valley (227), and Terraset (225) Precincts and parts of the Flint Hill (202) and Vale (914) Precincts. Thirty-seventh. All of the City of Fairfax; and part of Fairfax County comprised of the Eagle View (853), Fair Oaks (848), Fairfax A (0700), London Towne East (910), Monument (852), Powell (926), Sideburn (120), and Villa (121) Precincts and parts of the London Towne West (924), Mosby (709), Stone (917), Willow Springs (851), and Woodson (117) Precincts. Thirty-eighth. Part of Fairfax County comprised of the Barcroft (502), Belvedere (503), Bristow (102), Brook Hill (521), Columbia (518), Heritage (106), Holmes #1 (506), Holmes #2 (530), Hummer (519), Lincolnia (507), Masonville (508), Parklawn (510), Poe (523), Ravenwood (511), Saint Albans (513), Sleepy Hollow (512), and Westlawn (515) Precincts and parts of the Baileys (501) and Weyanoke (516) Precincts. Thirty-ninth. Part of Fairfax County comprised of the Alban (623), Bren Mar (526), Chapel (104), Crestwood (415), Edsall (527), Garfield (417), Greenspring (426), Kings Park (108), Leewood (531), Long Branch (122), Lynbrook (418), North Springfield # 1 (110), North Springfield # 2 (111), Oak Hill (113), Pioneer (409), Ravensworth (115), Ridgelea (528), Saratoga (626), and Wakefield (116) Precincts and parts of the Camelot (522), Lake Braddock (118), Lane (419), and Weyanoke (516) Precincts. Fortieth. Part of Fairfax County comprised of the Bull Run (923), Centre Ridge (901), Centreville (918), Clifton (803), Deer Park (921), Fairfax Station (805), Green Trails (919), Newgate North (849), Newgate South (854), Old Mill (925), Popes Head (841), and Virginia Run (915) Precincts and parts of the London Towne West (924), Willow Springs (851), and Woodyard (815) Precincts; and part of Prince William County comprised of the Mountain View (410) Precinct and parts of the Alvey (406) and Battlefield (402) Precincts. Forty-first. Part of Fairfax County comprised of the Bonnie Brae (126), Burke (801), Burke Centre (127), Cherry Run (825), Fairview (105), Laurel (119), Mantua (707), Olde Creek (109), Olley (124), Parkway (842), Price (711), Robinson (123), Signal Hill (125), Terra Centre (130), and White Oaks (833) Precincts and parts of the Lake Braddock (118), Pohick (811), and Woodson (117) Precincts. Forty-second. Part of Fairfax County comprised of the Cardinal (128), Fountainhead (845), Gunston (616), Hunt (624), Irving (827), Keene Mill (129), Laurel Hill (628), Newington (618), Orange (824), Sangster (838), Silverbrook (839), South County (629), South Run (850), Valley (812), West Springfield (840), and Westgate (613) Precincts and parts of the Lorton (617), Pohick (811), and Woodyard (815) Precincts. Forty-third. Part of Fairfax County comprised of the Bush Hill (401), Cameron (402), Clermont (423), Franconia (404), Huntley (424), Island Creek (427), Kingstowne (421), Lorton Center (625), Lorton Station (622), Mount Eagle (408), Rose Hill (410), Van Dorn (422), Villages (420), Virginia Hills (411), and Wilton (425) Precincts and parts of the Belvoir (619), Hayfield (406), Huntington (607), Lane (419), and Lorton (617) Precincts. Forty-fourth. Part of Fairfax County comprised of the Bucknell (604), Fairfield (413), Fort Hunt (605), Groveton (405), Hollin Hall (606), Kirkside (608), Marlan (609), Sherwood (610), Stratford (611), Waynewood (612), Whitman (614), Woodlawn (627), and Woodley (615) Precincts and parts of the Belle Haven (601), Belvoir (619), and Hayfield (406) Precincts. Forty-fifth. Part of Arlington County comprised of the Abingdon (022), Aurora Hills (003), Fairlington (012), and Shirlington (042) Precincts and part of the Oakridge (032) Precinct; part of Fairfax County comprised of the Belleview (602) and Grosvenor (621) Precincts and parts of the Belle Haven (601) and Huntington (607) Precincts; and part of the City of Alexandria comprised of the Agudas Achim Synagogue (203), Blessed Sacrament Church (204), City Hall (102), Cora Kelley Center (106), Durant Center (104), Fire Department Headquarters (109), George Mason School (202), George Washington Middle School (108), Ladrey Senior Building (101), Lee Center (105), Lyles Crouch School (103), Maury School (201), and Mt. Vernon Recreation Center (107) Precincts. Forty-sixth. Part of the City of Alexandria comprised of the Cameron Station Community Center (308), Charles E. Beatley Library (303), Chinquapin Park Recreation Center (206), Douglas MacArthur School (205), James K. Polk School (209), John Adams School (305), Nova Arts Center (208), Patrick Henry Rec Center (302), Samuel Tucker School (304), South Port (307), St. James Church (210), Temple Beth El Synagogue (207), and William Ramsey School (306) Precincts. Forty-seventh. Part of Arlington County comprised of the Arlington Forest (025), Ashlawn (039), Ashton Heights (002), Ballston (004), Barcroft (005), Buckingham (045), Central (046), Clarendon (014), Courtlands (048), Dominion Hills (029), East Falls Church (011), Glen Carlyn (013), Lexington (031), Lyon Park (015), Monroe (049), Nottingham (037), Overlee Knolls (017), Park Lane (018), Taylor (051), Virginia Square (040), Westover (023), and Woodbury (041) Precincts and part of the Jefferson (027) Precinct. Forty-eighth. Part of Arlington County comprised of the Cherrydale (007), Crystal City (006), Crystal Plaza (050), Dawson (044), Lyon Village (016), Madison (035), Marshall (036), Rock Spring (033), Rosslyn (019), Thrifton (020), Wilson (010), Woodlawn (024), and Yorktown (034) Precincts; and part of Fairfax County comprised of the Chesterbrook (302), El Nido (305), Haycock (307), Kirby (310), Longfellow (312), McLean (314), and Westmoreland (318) Precincts and part of the Salona (316) Precinct.

   Forty-ninth. Part of Arlington County comprised of the Arlington (001), Arlington Mill (043), Arlington View (038), Claremont (028), Columbia (009), Fillmore (026), Four Mile Run (047), Glebe (030), Hume (008), and Virginia Highlands (021) Precincts and parts of the Jefferson (027) and Oakridge (032) Precincts; and part of Fairfax County comprised of the Glen Forest (505), Glen Forest #2 (529), Skyline (520), and Willston (517) Precincts and part of the Baileys (501) Precinct.

   Fiftieth. All of the City of Manassas; and part of Prince William County comprised of the Bristow Run (111), Cedar Point (112), Ellis (106), Marsteller (107), Pr. William A (000), Victory (108), and Westgate (407) Precincts and part of the Stonewall (405) Precinct.

   Fifty-first. Part of Prince William County comprised of the Bennett (102), Bethel (506), Brentsville (101), Buckhall (103), Chinn (507), Kerrydale (607), Lake Ridge (501), Marshall (202), McCoart (204), Mohican (505), Nokesville (104), Old Bridge (503), Penn (210), Rockledge (504), Springwoods (508), Westridge (208), and Woodbine (209) Precincts and part of the Benton (203) Precinct.

   Fifty-second. Part of Prince William County comprised of the Bel Air (606), Civic Center (604), Dale (601), Dumfries (301), Freedom (609), Graham Park (303), Kilby (707), Library (702), Lynn (703), Neabsco (602), Occoquan (502), and Potomac (302) Precincts and parts of the Godwin (603), Henderson (307), and Minnieville (605) Precincts.

   Fifty-third. All of the City of Falls Church; and part of Fairfax County comprised of the Fort Buffalo (703), Graham (705), Greenway (706), Marshall (708), Merrifield (721), Pimmit (315), Pine Ridge (718), Pine Spring (710), Shreve (712), Timber Lane (713), Walker (714), Walnut Hill # 1 (525), Walnut Hill # 2 (728), Westhampton (317), Whittier (524), and Woodburn (717) Precincts and part of the Camelot (522) Precinct.

   Fifty-fourth. Part of Caroline County comprised of the Woodford (303) Precinct; and part of Spotsylvania County comprised of the Battlefield (701), Brock (505), Chancellor (204), Courthouse (504), Fairview (703), Frazers Gate (402), Lee Hill (403), Massaponax (104), Piedmont (603), Salem (601), Smith Station (602), Summit (401), Todd's Tavern (503), and Travelers Rest (103) Precincts and part of the Brokenburg (502) Precinct.

   Fifty-fifth. Part of Caroline County comprised of the Chilesburg (302), Madison (201), Mattaponi (501), Penola (402), and Reedy Church (401) Precincts; part of Hanover County comprised of the Ashcake (103), Ashland (101), Atlee (304), Beaverdam (201), Blunts (202), Chickahominy (302), Cool Spring (305), Courthouse (206), Elmont (704), Farrington (701), Goddin's Hill (204), Montpelier (702), Rockville (703), Sliding Hill (104), Stony Run (207), and Wilmington Parish (203) Precincts; and part of Spotsylvania County comprised of the Blaydes Corner (102) and Partlow (101) Precincts and part of the Brokenburg (502) Precinct.

   Fifty-sixth. All of Louisa County; part of Goochland County comprised of the Centerville (402), Crozier (401), and Manakin (501) Precincts and part of the Goochland Court House (301) Precinct; part of Henrico County comprised of the Causeway (301), Nuckols Farm (307), Rivers Edge (317), Sadler (310), Shady Grove (311), Short Pump (318), and West End (416) Precincts; and part of Spotsylvania County comprised of the Belmont (501) Precinct and part of the Brokenburg (502) Precinct.

   Fifty-seventh. All of the City of Charlottesville; and part of Albemarle County comprised of the Agnor-Hurt (104), Branchlands (103), Cale (405), Dunlora (105), Georgetown (203), University Hall (202), and Woodbrook (101) Precincts and parts of the East Ivy (304) and Free Bridge (504) Precincts.

   Fifty-eighth. All of Greene County; part of Albemarle County comprised of the Burnley (505), Earlysville (603), Free Union (602), Hollymead (503), Keswick (501), Monticello (402), Northside (106), Scottsville (401), Stone Robinson (406), and Stony Point (502) Precincts and part of the Free Bridge (504) Precinct; part of Fluvanna County comprised of the Cunningham (401), Palmyra (101), Rivanna (501), and Rivanna 2 (502) Precincts; and part of Rockingham County comprised of the Cross Keys (306), Elkton (501), McGaheysville (503), South Fork (504), and Swift Run (502) Precincts.

   Fifty-ninth. All of Appomattox and Buckingham Counties; part of Albemarle County comprised of the Country Green (305), Porter's (403), and Red Hill (302) Precincts; part of Campbell County comprised of the Altavista (303), Bedford Springs (202), Concord (603), Court House (402), Evington (301), Lynch Station (302), Spring Hill (501), Three Forks (401), and Yellow Branch (502) Precincts; and part of Nelson County comprised of the Faber (501), Gladstone (302), Lovingston (201), Schuyler (202), and Shipman (301) Precincts.

   Sixtieth. All of Charlotte, Halifax, and Prince Edward Counties; and part of Campbell County comprised of the Brookneal (701), Gladys (702), and Morris Church (703) Precincts.

   Sixty-first. All of Amelia, Cumberland, Mecklenburg, and Nottoway Counties; and part of Lunenburg County comprised of the Arrowhead Gun Club (401), Flat Rock (302), Meherrin Fire Dept (701), Pleasant Grove (402), Plymouth (101), and Reedy Creek (501) Precincts and parts of the Brown's Store (201), Peoples Community Center (502), Rosebud (301), and Victoria Public Library (702) Precincts.

   Sixty-second. Part of Chesterfield County comprised of the Bellwood (101), Beulah (202), Bird (203), Dutch Gap (110), Elizabeth Scott (109), Enon (103), Five Forks (210), Gates (201), North Chester (104), and Salem Church (209) Precincts; part of Henrico County comprised of the Sandston (515), Town Hall (517), and Whitlocks (518) Precincts and part of the Dorey (505) Precinct; part of Prince George County comprised of parts of the Courts Bldg (204), Jefferson Park (205), and Rives (104) Precincts; and part of the City of Hopewell comprised of the Ward 1 (101), Ward 3 (301), Ward 4 (401), and Ward 5 (501) Precincts and part of the Ward 7 (701) Precinct.

   Sixty-third. All of the City of Petersburg; part of Chesterfield County comprised of the Ettrick (301) and Matoaca (303) Precincts; part of Dinwiddie County comprised of the Chesdin (202), Church Road (103), Courthouse (501), Rocky Run (503), and White Oak (102) Precincts and parts of the Dinwiddie (401), Edgehill (201), New Hope (302), and Rohoic (101) Precincts; part of Prince George County comprised of parts of the Courts Bldg (204), Jefferson Park (205), and Rives (104) Precincts; and part of the City of Hopewell comprised of the Ward 2 (201) and Ward 6 (601) Precincts and part of the Ward 7 (701) Precinct.

   Sixty-fourth. Part of Isle of Wight County comprised of the Bartlett (201), Carrollton (202), Courthouse (401), Orbit (403), Pons (302), Raynor (505), Rushmere (301), Smithfield (101), Walters (501), Windsor (402), and Zuni (504) Precincts and parts of the Camps Mill (502) and Carrsville (503) Precincts; part of Prince George County comprised of the Blackwater (202), Bland (201), Brandon (203), Harrison (105), Richard Bland (101), Templeton (102), and Union Branch (103) Precincts and parts of the Courts Bldg (204) and Rives (104) Precincts; part of Southampton County comprised of the Berlin (101), Hunterdale (501), Ivor (102), and Sedley (602) Precincts and part of the Forks-Of-The-River (502) Precinct; part of Surry County comprised of the Bacon's Castle (201), Carsley (401), Claremont (501), Spring Grove (502), Surry (101), and Wall's Bridge (302) Precincts; part of Sussex County comprised of the Blackwater (601) and Wakefield (302) Precincts; part of the City of Franklin comprised of the Precinct 1-1 (101) Precinct and parts of the Precinct 2-1 (201) and Precinct 6-1 (601) Precincts; and part of the City of Suffolk comprised of the Holland (502), Holy Neck (503), and Whaleyville (402) Precincts.

   Sixty-fifth. All of Powhatan County; part of Chesterfield County comprised of the Brandermill (403), Skinquarter (309), Swift Creek (411), Tomahawk (310), and Woolridge (313) Precincts and parts of the Evergreen (312) and Midlothian (503) Precincts; part of Fluvanna County comprised of the Columbia (201) and Fork Union (301) Precincts; and part of Goochland County comprised of the Fife (101), Hadensville (102), Sandy Hook (202), and Three Square (201) Precincts and part of the Goochland Court House (301) Precinct.

   Sixty-sixth. All of the City of Colonial Heights; and part of Chesterfield County comprised of the Beach (305), Birkdale (317), Carver (112), Cosby (307), Ecoff (108), Harrowgate (106), Iron Bridge (111), Nash (211), South Chester (102), Wells (107), Winfrees Store (304), and Winterpock (306) Precincts and part of the Bailey Bridge (315) Precinct.

   Sixty-seventh. Part of Fairfax County comprised of the Brookfield (902), Cub Run (903), Dulles (904), Fairlakes (843), Greenbriar East (846), Greenbriar West (847), Lees Corner East (920), Navy (911), Poplar Tree (928), Rocky Run (913), and Waples Mill (916) Precincts and parts of the Franklin (905), Kinross (908), Lees Corner West (927), Stone (917), and Vale (914) Precincts; and part of Loudoun County comprised of the Little River (107) Precinct and part of the Dulles South (114) Precinct.

   Sixty-eighth. Part of Chesterfield County comprised of the Belgrade (508), Black Heath (511), Bon Air (505), Cranbeck (509), Greenfield (506), Robious (504), Salisbury (507), Shenandoah (413), Smoketree (406), and Sycamore (510) Precincts and part of the Midlothian (503) Precinct; part of Henrico County comprised of the Monument Hills (306) and Rollingwood (413) Precincts and part of the Freeman (403) Precinct; and part of the City of Richmond comprised of the 101 (101), 102 (102), 104 (104), 105 (105), 106 (106), 111 (111), 112 (112), 113 (113), 114 (114), 207 (207), 409 (409), and 413 (413) Precincts and part of the 410 (410) Precinct.

   Sixty-ninth. Part of Chesterfield County comprised of part of the Davis (515) Precinct; and part of the City of Richmond comprised of the 402 (402), 404 (404), 412 (412), 501 (501), 503 (503), 504 (504), 508 (508), 509 (509), 510 (510), 610 (610), 802 (802), 810 (810), 811 (811), 902 (902), 903 (903), 908 (908), 909 (909), 910 (910), and 911 (911) Precincts and parts of the 211 (211), 410 (410), 505 (505), and 609 (609) Precincts.

   Seventieth. Part of Chesterfield County comprised of the Belmont (206), Chippenham (207), Drewry's Bluff (105), Falling Creek (205), Meadowbrook (208), and Southside (213) Precincts; part of Henrico County comprised of the Central Gardens (206), Eanes (506), Masonic (510), Mehfoud (511), Montrose (512), Rolfe (519), and Sullivans (516) Precincts and part of the Dorey (505) Precinct; and part of the City of Richmond comprised of the 705 (705), 806 (806), 812 (812), and 814 (814) Precincts and parts of the 609 (609) and 703 (703) Precincts.

   Seventy-first. Part of Henrico County comprised of the Ratcliffe (220) Precinct; and part of the City of Richmond comprised of the 203 (203), 204 (204), 206 (206), 208 (208), 212 (212), 213 (213), 302 (302), 303 (303), 304 (304), 305 (305), 306 (306), 307 (307), 308 (308), 309 (309), 602 (602), 603 (603), 604 (604), 606 (606), 607 (607), 701 (701), 702 (702), 706 (706), and 707 (707) Precincts and parts of the 211 (211), 505 (505), and 703 (703) Precincts.

   Seventy-second. Part of Henrico County comprised of the Canterbury (205), Coalpit (101), Dumbarton (102), Gayton (404), Glen Allen (103), Godwin (405), Hermitage (106), Hilliard (107), Hunton (108), Innsbrook (304), Lakeside (110), Lakewood (406), Lauderdale (407), Maude Trevvett (112), Maybeury (408), Mooreland (409), Mountain (217), Oakview (218), Pocahontas (308), Ridgefield (412), Stoney Run (314), Stratford Hall (221), Summit Court (114), and Wellborne (417) Precincts and parts of the Belmont (203), Brookland (204), Derbyshire (402), and Moody (216) Precincts.

   Seventy-third. Part of Henrico County comprised of the Byrd (401), Cedarfield (302), Crestview (303), Glenside (104), Greendale (105), Hungary Creek (116), Jackson Davis (305), Johnson (109), Longan (111), Pemberton (410), Pinchbeck (411), Ridge (309), Skipwith (312), Spottswood (414), Springfield (313), Staples Mill (113), Three Chopt (315), Tuckahoe (415), Tucker (316), and Westwood (115) Precincts and parts of the Derbyshire (402) and Freeman (403) Precincts.

   Seventy-fourth. All of Charles City County; part of Henrico County comprised of the Adams (201), Antioch (501), Azalea (202), Cedar Fork (502), Chamberlayne (207), Chickahominy (503), Donahoe (504), Elko (507), Fairfield (208), Glen Lea (209), Greenwood (210), Highland Gardens (211), Highland Springs (508), Hollybrook (212), Hungary (213), Laburnum (509), Longdale (214), Maplewood (215), Nine Mile (513), Pleasants (514), Randolph (219), Wilder (222), and Yellow Tavern (223) Precincts and parts of the Belmont (203), Brookland (204), and Moody (216) Precincts; and part of the City of Richmond comprised of the 301 (301) Precinct.

   Seventy-fifth. All of Brunswick and Greensville Counties; all of the City of Emporia; part of Dinwiddie County comprised of the Cherry Hill (403), Little Zion (402), McKenney (502), and Reams (301) Precincts and parts of the Dinwiddie (401), Edgehill (201), New Hope (302), and Rohoic (101) Precincts; part of Isle of Wight County comprised of parts of the Camps Mill (502) and Carrsville (503) Precincts; part of Lunenburg County comprised of the Hounds Creek (601) Precinct and parts of the Brown's Store (201), Peoples Community Center (502), Rosebud (301), and Victoria Public Library (702) Precincts; part of Southampton County comprised of the Blackwater River (701), Boykins (201), Branchville (202), Capron (301), Courtland (601), Drewryville (401), Meherrin (203), Newsoms (702), and Sebrell (302) Precincts and part of the Forks-Of-The-River (502) Precinct; part of Surry County comprised of the Dendron (301) Precinct; part of Sussex County comprised of the Courthouse (301), Henry (501), Little Mill (202), Mars Hill (401), Newville (602), Stony Creek (201), Waverly (101), West Wakefield (402), and Yale (502) Precincts; and part of the City of Franklin comprised of the Precinct 3-1 (301), Precinct 4-1 (401), and Precinct 5-1 (501) Precincts and parts of the Precinct 2-1 (201) and Precinct 6-1 (601) Precincts.

   Seventy-sixth. Part of the City of Chesapeake comprised of the Bailey Creek (038), Churchland (004), Deep Creek (006), E. W. Chittum School (020), Fellowship (021), John T. West (041), Jolliff One (019), Nansemond (044), and Silverwood (027) Precincts; and part of the City of Suffolk comprised of the Airport (401), Bennetts Creek (104), Chuckatuck (202), Cypress Chapel (303), Driver (102), Ebenezer (201), Elephants Fork/Westhaven (603), Kilby's Mill (501), King's Fork (203), Lake Cohoon (504), and Nansemond River (703) Precincts and parts of the John F. Kennedy (302) and Lakeside (601) Precincts.

   Seventy-seventh. Part of the City of Chesapeake comprised of the Camelot (003), Carver School (031), Crestwood (005), Indian River (018), Johnson Park (026), Joliff Middle School (048), Norfolk Highlands (022), Oaklette (024), Oscar Smith School (010), Providence (032), South Norfolk (030), South Norfolk Recreation (008), St. Julians (025), Sunray I (028), Sunray II (045), and Tanglewood (029) Precincts and part of the Georgetown (012) Precinct; and part of the City of Suffolk comprised of the Hollywood (701), Olde Towne (602), Southside (403), and White Marsh (301) Precincts and parts of the John F. Kennedy (302) and Lakeside (601) Precincts.

   Seventy-eighth. Part of the City of Chesapeake comprised of the B. M. Williams School (015), Bells Mill II (046), Bridgetown (037), Coopers Way (051), Fairways (053), Great Bridge (001), Great Bridge Baptist Church (036), Greenbrier (007), Hickory Grove (016), Hickory Middle School (034), Oak Grove (023), Parkways (042), Pleasant Crossing (043), River Birch (040), and Westover (033) Precincts and parts of the Georgetown (012) and Green Sea (047) Precincts.

   Seventy-ninth. Part of the City of Norfolk comprised of the Old Dominion (201) and Taylor Elementary School (213) Precincts and parts of the Titustown Center (104) and Zion Grace (106) Precincts; and part of the City of Portsmouth comprised of the Seven (007), Ten (010), Twenty-Two (022), Twenty-Three (023), Twenty-Four (024), Twenty-Five (025), Thirty (030), Thirty-Five (035), Thirty-Six (036), Thirty-Seven (037), and Thirty-Nine (039) Precincts and part of the Nine (009) Precinct.

   Eightieth. Part of the City of Chesapeake comprised of the Taylor Road (035) Precinct; part of the City of Norfolk comprised of the Chrysler Museum (211) Precinct; part of the City of Portsmouth comprised of the One (001), Five (005), Eleven (011), Thirteen (013), Fourteen (014), Sixteen (016), Seventeen (017), Nineteen (019), Twenty (020), Twenty-One (021), Twenty-Six (026), Twenty-Seven (027), Twenty-Eight (028), Twenty-Nine (029), Thirty-One (031), Thirty-Two (032), Thirty-Three (033), Thirty-Four (034), and Thirty-Eight (038) Precincts and part of the Nine (009) Precinct; and part of the City of Suffolk comprised of the Harbour View (103) and Yeates (705) Precincts.

   Eighty-first. Part of the City of Chesapeake comprised of the Bells Mill (009), Bethel (002), Geneva Park (011), Gilmerton (013), Grassfield (014), Indian Creek (017), Lake Drummond (039), River Walk (050), and Shipyard Road (052) Precincts and part of the Green Sea (047) Precinct; and part of the City of Virginia Beach comprised of the Blackwater (034), Capps Shop (033), Corporate Landing (070), Creeds (032), Culver (063), Oceana (050), Redwing (030), Rudee (072), Seatack (005), and Sigma (031) Precincts.

   Eighty-second. Part of the City of Virginia Beach comprised of the Alanton (006), Cape Henry (011), Colony (075), Eastern Shore (067), Edinburgh (056), Great Neck (010), Kings Grant (047), Linkhorn (004), London Bridge (008), Lynnhaven (049), Malibu (014), North Beach (001), Pinewood (094), Plaza (012), South Beach (002), Thalia (028), Trantwood (009), and Wolfsnare (048) Precincts.

   Eighty-third. Part of the City of Norfolk comprised of the Azalea Gardens (512), Barron Black (406), Bayview School (501), East Ocean View (503), Larrymore (504), Little Creek (505), Tarrallton (509), and Third Presbyterian (510) Precincts; and part of the City of Virginia Beach comprised of the Bayside (020), Hagood (086), Kingston (007), Lake Joyce (090), Lake Smith (019), Little Neck (092), Ocean Park (017), Shelton Park (059), Thoroughgood (018), and Witchduck (038) Precincts and parts of the Chesapeake Beach (037), Old Donation (015), and Shell (069) Precincts.

   Eighty-fourth. Part of the City of Virginia Beach comprised of the Brookwood (077), Buckner (074), Courthouse (035), Foxfire (060), Green Run (046), Holland (029), Hunt (066), Landstown (062), Magic Hollow (055), North Landing (088), Ocean Lakes (003), Rock Lake (081), Shelbourne (082), Strawbridge (083), and Upton (085) Precincts.

   Eighty-fifth. Part of the City of Virginia Beach comprised of the Arrowhead (023), Avalon (025), Bonney (040), Brandon (042), Fairfield (026), Homestead (052), Larkspur (024), Lexington (091), Mt. Trashmore (013), Pembroke (039), Pleasant Hill (079), Point O' View (022), Providence (027), Shannon (053), Tallwood (084), and Village (076) Precincts and parts of the Aragona (016), Old Donation (015), and Reon (080) Precincts.

   Eighty-sixth. Part of Fairfax County comprised of the Clearview (321), Coppermine (239), Floris (203), Fox Mill (229), Herndon #1 (319), Herndon #2 (320), Herndon #3 (324), Hutchison (325), Stuart (236), and Sugarland (327) Precincts and parts of the Franklin (905), Kinross (908), and Lees Corner West (927) Precincts; and part of Loudoun County comprised of the Forest Grove (705) and Sully (701) Precincts and part of the Park View (702) Precinct.

   Eighty-seventh. Part of Loudoun County comprised of the Buchanan (211), Carter (117), Cascades (210), Claude Moore Park (212), Freedom (112), Guilford (704), Hutchison (109), Legacy (116), Mercer (108), Mirror Ridge (608), Oak Grove (110), and Rolling Ridge (703) Precincts and parts of the Countryside (213), Dulles South (114), Mill Run (113), Park View (702), and Pinebrook (115) Precincts; and part of Prince William County comprised of the Evergreen (401) Precinct and part of the Alvey (406) Precinct.

   Eighty-eighth. Part of Fauquier County comprised of the Lois (104), Morrisville (301), and Remington (302) Precincts; part of Spotsylvania County comprised of the Brent's Mill (702), Elys Ford (201), Grange Hall (303), Hazel Run (302), Ni River (203), Plank Road (301), and Wilderness (202) Precincts; part of Stafford County comprised of the Hartwood (101), Ramoth (104), Rocky Run (102), and Simpson (103) Precincts and parts of the Hampton (703) and Whitson (702) Precincts; and part of the City of Fredericksburg comprised of the District 1 (101) and District 3 (301) Precincts and part of the District 4 (401) Precinct.

   Eighty-ninth. Part of the City of Norfolk comprised of the Ballentine (301), Berkley (402), Ghent Square (203), Hunton Y (411), Immanuel (204), Lafayette (205), Lafayette-Winona (305), Lambert's Point (207), Larchmont Library (208), Larchmont Recreation Center (209), Lindenwood (306), Maury (210), Norview Methodist (308), Norview Middle School (309), Park Place (212), Rosemont (310), Stuart (214), Tucker House (105), Union Chapel (313), Willard (218), and Young Park (414) Precincts and parts of the Brambleton (403), Granby (101), Titustown Center (104), and Zion Grace (106) Precincts.

   Ninetieth. Part of the City of Norfolk comprised of the Bowling Park (303), Campostella (404), Chesterfield (405), Coleman Place School (304), Easton (408), Fairlawn (409), Ingleside (412), Poplar Halls (413), Sherwood Rec Center (311), Sherwood School (312), Tanner's Creek (302), and United Way (415) Precincts and part of the Brambleton (403) Precinct; and part of the City of Virginia Beach comprised of the Baker (061), College Park (041), Davis Corner (021), Newtown (093), and Sherry Park (057) Precincts and parts of the Aragona (016), Reon (080), and Shell (069) Precincts.

   Ninety-first. All of the City of Poquoson; part of York County comprised of the Bethel (502), Coventry (203), and Tabb (501) Precincts and part of the Harwoods Mill (401) Precinct; and part of the City of Hampton comprised of the Asbury (205), Booker (201), Bryan (202), Burbank (203), Langley (209), Machen (210), Phillips (213), Phoebus (110), and Syms (113) Precincts.

   Ninety-second. Part of the City of Hampton comprised of the Aberdeen (101), Armstrong (106), Bassette (102), City Hall (103), Cooper (104), East Hampton (105), Forrest (204), Hampton Library (111), Jones (116), Kecoughtan (117), Kraft (208), Lindsay (107), Mallory (118), Phenix (109), Smith (112), Thomas (108), Tyler (215), and Wythe (115) Precincts.

   Ninety-third. All of the City of Williamsburg; part of James City County comprised of the Berkeley A Part 2 (1012), Jamestown A (201), Jamestown B (202), Roberts A Part 1 (5011), Roberts A Part 2 (5012), Roberts B (502), Roberts C Part 1 (5031), and Roberts C Part 2 (5032) Precincts; part of York County comprised of the Kiln Creek (204) Precinct and parts of the Edgehill (303) and Harwoods Mill (401) Precincts; and part of the City of Newport News comprised of the Bland (201), Greenwood (110), Kiln Creek (218), McIntosh (104), Richneck (107), and Windsor (109) Precincts and parts of the Lee Hall (108) and Reservoir (106) Precincts.

   Ninety-fourth. Part of the City of Newport News comprised of the Boulevard (202), Charles (203), Deep Creek (205), Hidenwood (208), Hilton (209), Nelson (210), Oyster Point (105), River (314), Riverside (212), Riverview (217), Sanford (213), Sedgefield (315), Warwick (215), Watkins (320), Wellesley (204), and Yates (216) Precincts and parts of the Deer Park (219), Denbigh (101), Epes (102), Jenkins (103), Lee Hall (108), Palmer (211), and Reservoir (106) Precincts.

   Ninety-fifth. Part of the City of Hampton comprised of the Bethel (212), Sandy Bottom (216), and Tucker Capps (214) Precincts; and part of the City of Newport News comprised of the Briarfield (302), Carver (303), Chestnut (304), Downtown (305), Dunbar (306), Huntington (307), Jefferson (308), Magruder (309), Marshall (310), Newmarket (311), Newsome Park (312), Reed (313), Saunders (319), South Morrison (316), Washington (317), and Wilson (318) Precincts and parts of the Deer Park (219), Denbigh (101), Epes (102), Jenkins (103), Palmer (211), and Reservoir (106) Precincts.

   Ninety-sixth. Part of James City County comprised of the Berkeley A Part 1 (101), Berkeley B Part 1 (1021), Berkeley B Part 2 (1022), Berkeley C (103), Powhatan A (301), Powhatan B (302), Powhatan C (303), Powhatan D (304), Stonehouse A (401), Stonehouse B (402), and Stonehouse C (403) Precincts; and part of York County comprised of the Dare (402), Harris Grove (302), Magruder (104), Queens Lake (101), Seaford (301), Waller Mill (103), and Yorktown (102) Precincts and part of the Edgehill (303) Precinct.

   Ninety-seventh. All of New Kent County; part of Hanover County comprised of the Battlefield (401), Beaverdam Creek (406), Black Creek (404), Clay (301), Cold Harbor (403), Georgetown (506), Hanover Grove (604), Laurel Meadow (507), Mechanicsville (603), Newman (503), Old Church (402), Pebble Creek (405), Rural Point (502), Shady Grove (303), Stonewall Jackson (602), Studley (504), Totopotomoy (505), and Village (601) Precincts; and part of King William County comprised of the Aylett (301), Mangohick (501), and Manquin (401) Precincts and part of the Courthouse (202) Precinct.

   Ninety-eighth. All of Essex, Gloucester, King and Queen, Mathews, and Middlesex Counties; and part of King William County comprised of the Sweet Hall (201) and West Point (101) Precincts and part of the Courthouse (202) Precinct.

   Ninety-ninth. All of King George, Lancaster, Northumberland, Richmond, and Westmoreland Counties; and part of Caroline County comprised of the Bowling Green (101) and Port Royal (301) Precincts.

   One hundredth. All of Accomack and Northampton Counties; part of the City of Norfolk comprised of the Crossroads (511), Northside (103), Ocean View Center (506), Ocean View School (102), Oceanair (508), Suburban Park (215), and Wesley (217) Precincts and part of the Granby (101) Precinct; and part of the City of Virginia Beach comprised of part of the Chesapeake Beach (037) Precinct.

   (2011, Sp. Sess. I, c. 1.)

Editor's note. - Acts 2011, Special Session I, c. 1 was subject to preclearance by the Department of Justice, pursuant to section 5 of the federal Voting Rights Act. Preclearance was granted by letter dated June 17, 2011.

Acts 2011, Sp. Sess. I, c. 1 was effective April 29, 2011, pursuant to Va. Const., Art. II, § 6.

Editor's note. - The cases cited below were decided under prior law.

§ 24.2-304.04. Standards and criteria for congressional and state legislative districts.

Every congressional and state legislative district shall be constituted so as to adhere to the following criteria:

1. Districts shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district. A deviation of no more than five percent shall be permitted for state legislative districts.
2. Districts shall be drawn in accordance with the requirements of the Constitution of the United States, including the Equal Protection Clause of the Fourteenth Amendment, and the Constitution of Virginia; federal and state laws, including the federal Voting Rights Act of 1965, as amended; and relevant judicial decisions relating to racial and ethnic fairness.
3. No district shall be drawn that results in a denial or abridgement of the right of any citizen to vote on account of race or color or membership in a language minority group. No district shall be drawn that results in a denial or abridgement of the rights of any racial or language minority group to participate in the political process and to elect representatives of their choice. A violation of this subdivision is established if, on the basis of the totality of the circumstances, it is shown that districts were drawn in such a way that members of a racial or language minority group are dispersed into districts in which they constitute an ineffective minority of voters or are concentrated into districts where they constitute an excessive majority. The extent to which members of a racial or language minority group have been elected to office in the state or the political subdivision is one circumstance that may be considered. Nothing in this subdivision shall establish a right to have members of a racial or language minority group elected in numbers equal to their proportion in the population.
4. Districts shall be drawn to give racial and language minorities an equal opportunity to participate in the political process and shall not dilute or diminish their ability to elect candidates of choice either alone or in coalition with others.
5. Districts shall be drawn to preserve communities of interest. For purposes of this subdivision, a "community of interest" means a neighborhood or any geographically defined group of people living in an area who share similar social, cultural, and economic interests. A "community of interest" does not include a community based upon political affiliation or relationship with a political party, elected official, or candidate for office.
6. Districts shall be composed of contiguous territory, with no district contiguous only by connections by water running downstream or upriver, and political boundaries may be considered.
7. Districts shall be composed of compact territory and shall be drawn employing one or more standard numerical measures of individual and average district compactness, both statewide and district by district.
8. A map of districts shall not, when considered on a statewide basis, unduly favor or disfavor any political party.
9. The whole number of persons reported in the most recent federal decennial census by the United States Bureau of the Census shall be the basis for determining district populations, except that no person shall be deemed to have gained or lost a residence by reason of conviction and incarceration in a federal, state, or local correctional facility. Persons incarcerated in a federal, state, or local correctional facility shall be counted in the locality of their address at the time of incarceration, and the Division of Legislative Services shall adjust the census data pursuant to § 24.2-314 for this purpose. (2020, cc. 1229, 1265.)

§ 24.2-304.1. At-large and district elections; reapportionment and redistricting of districts or wards; limits.

1. Except as otherwise specifically limited by general law or special act, the governing body of each county, city, or town may provide by ordinance for the election of its members on any of the following bases: (i) at large from the county, city, or town; (ii) from single-member or multi-member districts or wards, or any combination thereof; or (iii) from any combination of at-large, single-member, and multi-member districts or wards. A change in the basis for electing the members of the governing body shall not constitute a change in the form of county government.
2. If the members are elected from districts or wards and other than entirely at large from the locality, the districts or wards shall be composed of contiguous and compact territory and shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district or ward. In 1971 and every 10 years thereafter, the governing body of each such locality shall reapportion the representation among the districts or wards, including, if the governing body deems it appropriate, increasing or diminishing the number of such districts or wards, in order to give, as nearly as is practicable, representation on the basis of population.
3. For the purposes of redistricting and reapportioning representation in 2021 and every 10 years thereafter, the governing body of a county, city, or town shall use the most recent decennial population figures for such county, city, or town from the United States Bureau of the Census, as adjusted by the Division of Legislative Services pursuant to § 24.2-314 . The census data for these redistricting and apportionment purposes will not include any population figure that is not allocated to specific census blocks within the Commonwealth, even though that population may have been included in the apportionment population figures of the Commonwealth for the purpose of allocating United States House of Representatives seats among the states.
4. Notwithstanding any other provision of general law or special act, the governing body of a county, city, or town shall not reapportion the representation in the governing body at any time other than that required following the decennial census, except as (i) provided by law upon a change in the boundaries of the county, city, or town that results in an increase or decrease in the population of the county, city, or town of more than one percent, (ii) the result of a court order, (iii) the result of a change in the form of government, or (iv) the result of an increase or decrease in the number of districts or wards other than at-large districts or wards. The foregoing provisions notwithstanding, the governing body subsequent to the decennial redistricting may adjust district or ward boundaries in order that the boundaries might coincide with state legislative or congressional district boundaries; however, no adjustment shall affect more than five percent of the population of a ward or district or 250 persons, whichever is lesser. If districts created by a reapportionment enacted subsequent to a decennial reapportionment are invalid under the provisions of this subsection, the immediately preexisting districts shall remain in force and effect until validly reapportioned in accordance with law.

   (1995, c. 249; 2000, c. 884; 2001, Sp. Sess. I, c. 6; 2002, c. 127; 2012, c. 357; 2013, c. 483; 2020, cc. 1229, 1265.)

Editor's note. - This section was subject to preclearance by the Department of Justice, pursuant to § 5 of the federal Voting Rights Act. Preclearance has been received.

The 2000 amendments. - The 2000 amendment by c. 884, in subsection C, substituted "2001" for "1971" and deleted "population figures" following "town shall use" and inserted "population figures for such county, city, or town from the" and substituted the language beginning "Bureau of the Census" and ending "seats among the states" for "census for such county, city, or town."

The 2001 amendments. - The 2001, Special Session I, amendment by c. 6, effective November 1, 2001, pursuant to Va. Const., art. IV, § 13, added the second sentence in subsection C.

The 2002 amendments. - The 2002 amendment by c. 127 substituted "twelve" for "eighteen" in the last sentence of subsection C.

The 2012 amendments. - The 2012 amendment by c. 357 substituted "containing one or more federal, state, and regional adult correctional facilities whose inmate population, as determined by the information provided by the facilities, on the date of the decennial census exceeded 12 percent of the ideal population of an election district of the county, city, or town" for "containing a state adult correctional facility whose inmate population, as determined by the information provided by the Department of Corrections, on the date of the decennial census exceeded twelve percent of the total population of such county, city, or town" in the second sentence of subsection C; and made minor stylistic changes.

The 2013 amendments. - The 2013 amendment by c. 483, rewrote subsection C; in subsection D, substituted "that results" for "which results" in clause (i) and "preexisting" for "pre-existing" in the last sentence.

The 2020 amendments. - The 2020 amendments by cc. 1229 and 1265 are identical, and in subsection C, substituted "2021" for "2001," and "as adjusted by the Division of Legislative Services pursuant to § 24.2-314 " for "which figures are identical to those from the actual enumeration conducted by the United States Bureau of the Census for the apportionment of representatives in the United States House of Representatives, except that" in the first sentence, and deleted the former last two sentences, which read: "The governing body of any county, city, or town may elect to exclude the adult inmate population of any federal, state, or regional adult correctional facility located in the locality from the population figures used for the purposes of the decennial reapportionment and redistricting. The adult inmate population so excluded shall be based on information provided by the facility as to the adult inmate population at the facility on the date of the decennial census."

Law review. - For an article, "Redistricting in the Post-2000 Era," see 8 Geo. Mason L. Rev. 431 (2000).

OPINIONS OF THE ATTORNEY GENERAL

County redistricting. - Article VII, § 5 of the Virginia Constitution and § 24.2-304.1 mandate that the County Board of Supervisors take affirmative action to reapportion the magisterial districts for the county in the tenth year since the last reapportionment using the most recent decennial population figures. See opinion of Attorney General to Karen T. Mullins, Esquire, County Attorney, Wise County, 11-075, 2011 Va. AG LEXIS 36 (6/22/11).

Inclusion of out-of-state prisoners in census figures. - The General Assembly has not authorized local governing bodies to exclude out-of-state prisoners housed in a state adult correctional facility from the locality's population for the purposes of the decennial reapportionment if the total population of inmates housed at the facility does not exceed twelve percent of the locality's population. See opinion of Attorney General to J. Vaden Hunt, Esquire, County Attorney, Pittsylvania County, 11-011, 2011 Va. AG LEXIS 15 (3/1/11).

§ 24.2-304.2. Governing body authorized to expend funds for reapportionment.

The governing body of each county, city, or town is authorized to expend funds and employ persons as it may deem necessary to carry out the responsibilities relating to reapportionment provided by law.

(1995, c. 249.)

§ 24.2-304.3. Recording reapportionment ordinance; notice requirements.

A copy of the ordinance reapportioning representation in the governing body of a county, city, or town, including a description of the boundaries and a map showing the boundaries of the districts or wards, shall be recorded in the official minutes of the governing body.

The clerk of the county, city, or town shall send a certified copy of the ordinance, including a description of the boundaries and a Geographic Information System (GIS) map showing the boundaries of the districts or wards, to the local electoral board, the Secretary of the Commonwealth, the Department of Elections, and the Division of Legislative Services. Any county, city, or town that does not have GIS capabilities may request the Department of Elections to create on its behalf a GIS map showing the boundaries of the districts or wards as set out in the ordinance, and the Department of Elections shall create such a map.

(1995, c. 249; 2019, cc. 777, 778.)

The 2019 amendments. - The 2019 amendments by cc. 777 and 778 are identical, and in the second paragraph, inserted "Geographic Information System (GIS)," substituted "the Department" for "State Board," added the second sentence; and made stylistic changes.

§ 24.2-304.4. Mandamus action for failure to reapportion districts or wards.

Whenever the governing body of any county, city or town fails to perform the duty of reapportioning the representation on the governing body among the districts or wards of the county, city, or town, or fails to change the boundaries of districts or wards, as prescribed by law, mandamus shall lie in favor of any citizen of such county, city, or town, to compel the performance of such duty.

Whenever the governing body of any county, city or town changes the boundaries, or increases or diminishes the number of districts or wards, or reapportions the representation in the governing body as prescribed by law, the action shall not be subject to judicial review, unless it is alleged that the representation is not proportional to the population of the district or ward. If such allegation is made in a bill of complaint filed in the circuit court for the county, city or town, the court shall determine whether the action of the governing body complies with the constitutional requirements for redistricting and reapportionment. Appeals from the court's decision shall be as in any other suit.

(1995, c. 249.)

Research References. - Friend's Virginia Pleading and Practice (Matthew Bender). Chapter 33 Writs and Injunctions. § 33.01 Writs. Friend.

CIRCUIT COURT OPINIONS

Declaratory judgment. - Town and its officials did not allege in their motion for declaratory judgment that representation of certain districts was not proportional to the population, and thus, they could not proceed under the statute. Town of White Stone v. Cty. of Lancaster, 97 Va. Cir. 309, 2002 Va. Cir. LEXIS 480 (Lancaster County Oct. 10, 2002).

Construction. - This section, which specifically deals with mandamus actions relating to reapportionment of local election districts should prevail over § 17.1-513 , which confers general jurisdiction inclusive of the general right to issue writs of mandamus; this section is controlling on mandamus actions pertaining to reapportionment of election districts by local government because it specifically deals with the subject and is the latest expression of the General Assembly. Town of White Stone v. Cty. of Lancaster, 97 Va. Cir. 309, 2002 Va. Cir. LEXIS 480 (Lancaster County Oct. 10, 2002).

This section, which specifically deals with mandamus actions relating to reapportionment of local election districts should prevail over § 17.1-513 , which confers general jurisdiction inclusive of the general right to issue writs of mandamus; this section is controlling on mandamus actions pertaining to reapportionment of election districts by local government because it specifically deals with the subject and is the latest expression of the General Assembly. Town of White Stone v. Cty. of Lancaster, 97 Va. Cir. 309, 2002 Va. Cir. LEXIS 480 (Lancaster County Oct. 10, 2002).

"Action" referred to is construed to mean a mandamus and solely a mandamus action. Town of White Stone v. Cty. of Lancaster, 97 Va. Cir. 309, 2002 Va. Cir. LEXIS 480 (Lancaster County Oct. 10, 2002).

OPINIONS OF THE ATTORNEY GENERAL

County redistricting. - Article VII, § 5 of the Virginia Constitution and § 24.2-304.1 mandate that the County Board of Supervisors take affirmative action to reapportion the magisterial districts for the county in the tenth year since the last reapportionment using the most recent decennial population figures. See opinion of Attorney General to Karen T. Mullins, Esquire, County Attorney, Wise County, 11-075, 2011 Va. AG LEXIS 36 (6/22/11).

§ 24.2-304.5. Notification of certain civil actions.

Any county, city, or town made a defendant in any civil action challenging the legality of its election district boundaries shall immediately notify the Attorney General of the pending civil action for review pursuant to § 2.2-508 .

(1995, c. 249.)

OPINIONS OF THE ATTORNEY GENERAL

County redistricting. - Article VII, § 5 of the Virginia Constitution and § 24.2-304.1 mandate that the County Board of Supervisors take affirmative action to reapportion the magisterial districts for the county in the tenth year since the last reapportionment using the most recent decennial population figures. See opinion of Attorney General to Karen T. Mullins, Esquire, County Attorney, Wise County, 11-075, 2011 Va. AG LEXIS 36 (6/22/11).

§ 24.2-304.6. Effect of reapportionment on appointments and terms of local officers, school board and planning commission members.

County, city, or town officers, including members of the school board or planning commission, in office on the effective date of a reapportionment or redistricting ordinance, shall complete their terms of office, regardless of loss of residency in a particular district due to reapportionment or redistricting.

(1995, c. 249.)

§ 24.2-305. Composition of election districts and precincts.

1. Each election district and precinct shall be composed of compact and contiguous territory and shall have clearly defined and clearly observable boundaries.
2. A "clearly observable boundary" shall include (i) any named road or street, (ii) any road or highway which is a part of the federal, primary, or secondary state highway system, (iii) any river, stream, or drainage feature shown as a polygon boundary on the TIGER/line files of the United States Bureau of the Census, or (iv) any other natural or constructed or erected permanent physical feature which is shown on an official map issued by the Virginia Department of Transportation, on a United States Geological Survey topographical map, or as a polygon boundary on the TIGER/line files of the United States Bureau of the Census. No property line or subdivision boundary shall be deemed to be a clearly observable boundary unless it is marked by a permanent physical feature that is shown on an official map issued by the Virginia Department of Transportation, on a United States Geological Survey topographical map, or as a polygon boundary on the TIGER/line files of the United States Bureau of the Census.

   (1986, c. 593, § 24.1-40.7; 1990, c. 500; 1992, c. 425; 1993, c. 641; 2001, c. 614.)

Editor's note. - Acts 2001, c. 614, cl. 3, provides: "That an emergency exists and the amendments to § 24.2-305 are in force from the passage of this act [March 25, 2001]. The repeal of § 24.2-309.1 shall take effect in due course [July 1, 2001]."

In subsection B, "primary, or secondary state highway system" was substituted for "state primary, or state secondary road system" to conform to changes made by Acts 2014, c. 805.

The 2001 amendments. - The 2001 amendment by c. 614, effective March 25, 2001, in subsection B, substituted "shown as a polygon boundary on the TIGER/line files of the United States Bureau of the Census" for "forty feet or more in width," substituted "an official" for "the official county, city, or town," deleted "or" following "Department of Transportation," inserted "or as a polygon boundary on the TIGER/line files of the United States Bureau of the Census" at the end of the first sentence, and rewrote the last sentence, which formerly read: "No property line or subdivision boundary shall be used as a precinct boundary unless it appears as a block boundary on the United States Bureau of the Census maps for the 1990 Census."

§ 24.2-306. Changes not to be enacted within 60 days of general election; notice requirements.

1. No change in any local election district, precinct, or polling place shall be enacted within 60 days next preceding any general election. In addition to the requirements set forth in § 24.2-129 , notice shall be published prior to enactment in a newspaper having general circulation in the election district or precinct once a week for two successive weeks. The published notice shall state where descriptions and maps of proposed boundary and polling place changes may be inspected.
2. Notice of any adopted change in any election district, town, precinct, or polling place other than in the location of the office of the general registrar shall be mailed to all registered voters whose election district, town, precinct, or polling place is changed at least 15 days prior to the next general, special, or primary election in which the voters will be voting in the changed election district, town, precinct, or polling place. Notice of a change in the location of the office of the general registrar shall be given by posting on the official website of the county or city, by posting at not less than 10 public places, or by publication once in a newspaper of general circulation in the county or city within not more than 21 days in advance of the change or within seven days following the change.
3. Each county, city, and town shall comply with the applicable requirements of law, including §§ 24.2-304.3 and 30-395, and send copies of enacted changes, including a Geographic Information System (GIS) map showing the new boundaries of the districts or precincts, to the local electoral board, the Department, and the Division of Legislative Services. Any county, city, or town that does not have GIS capabilities may request the Department of Elections to create on its behalf a GIS map showing the boundaries of the new districts or precincts, and the Department of Elections shall create such a map. (Code 1950, §§ 24-49 through 24-51; 1970, c. 462, § 24.1-39; 1971, Ex. Sess., c. 119; 1993, c. 641; 1995, c. 249; 2003, c. 1015; 2004, c. 1000; 2012, cc. 328, 486; 2019, cc. 777, 778; 2020, Sp. Sess. I, c. 56; 2021, Sp. Sess. I, cc. 528, 533.)

Editor's note. - Acts 2004, c. 1000, cl. 5 provides: "That this act shall not be construed to affect existing appointments for which the terms have not expired. However, any new appointments or appointments to fill vacancies made after the effective date of this act shall be made in accordance with the provisions of this act."

Acts 2020, Sp. Sess. I, c. 56, cl. 10, as amended by Acts 2021, Sp. Sess. I, c. 552, provides: "That an emergency exists and the provisions of Enactment 9 of this act shall become effective on November 15, 2020, contingent upon the passage of an amendment to the Constitution of Virginia on the Tuesday after the first Monday in November 2020, establishing the Virginia Redistricting Commission by amending Section 6 of Article II and adding in Article II a new section numbered 6-A. If such amendment is not approved by the voters, the provisions of this act shall not become effective."

Acts 2021, Sp. Sess. I, cc. 528 and 533, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

The 2003 amendments. - The 2003 amendment by c. 1015, substituted "60" for "sixty" in subsection A; and rewrote subsection B, which formerly read: "Notice of any adopted change in any election district or polling place shall be mailed to all registered voters whose election district or polling place is changed at least fifteen days prior to the next general, special, or primary election."

The 2004 amendments. - The 2004 amendment by c. 1000 substituted " §§ 24.2-304.3 and 30-264" for " §§ 24.2-301 and 24.2-304.3 " in subsection C.

The 2012 amendments. - The 2012 amendments by cc. 328 and 486 are identical, and in subsection B, inserted "other than in the location of the office of the general registrar" in the first sentence and added the second sentence.

The 2019 amendments. - The 2019 amendments by cc. 777 and 778 are identical, and rewrote subsection C, which read: "Each county, city, and town shall comply with the applicable requirements of law, including §§ 24.2-304.3 and 30-264, and send copies of enacted changes to the local electoral board, the State Board, and the Division of Legislative Services."

The 2020 Sp. Sess. I amendments. - The 2020 amendment by Sp. Sess. I, c. 56, cl. 9, effective November 15, 2020, substituted "30-395" for "30-264" in subsection C.

The 2021 Sp. Sess. I amendments. - The 2021 amendments by Sp. Sess. I, cc. 528 and 533, effective July 1, 2021, inserted "In addition to the requirements set forth in § 24.2-129 " in the second sentence of subsection A, and made a stylistic change.

Law review. - For annual survey of Virginia law article, "Election Law," see 47 U. Rich. L. Rev. 181 (2012).

OPINIONS OF THE ATTORNEY GENERAL

Changes in polling places. - The Virginia law governing the process required to move a polling place based on an emergency is found in subsection D of § 24.2-310 . See opinion of Attorney General to The Honorable David A. Nutter, Member, House of Delegates, 09-081, 2009 Va. AG LEXIS 45 (10/16/09).

The General Assembly requires that: (i) there be an emergency that makes a polling place unusable or inaccessible; (ii) the local electoral board select an alternative polling place; (iii) the local electoral board obtain the approval of the State Board of Elections for both the declaration of emergency and the alternative polling place; and (iv) if the State Board of Election approves the emergency and the alternative polling place, the local electoral board must give notice to the voters of the change in polling place that is appropriate to the circumstances of the emergency. See opinion of Attorney General to The Honorable David A. Nutter, Member, House of Delegates, 09-081, 2009 Va. AG LEXIS 45 (10/16/09).

County redistricting. - Article VII, § 5 of the Virginia Constitution and § 24.2-304.1 mandate that the County Board of Supervisors take affirmative action to reapportion the magisterial districts for the county in the tenth year since the last reapportionment using the most recent decennial population figures. See opinion of Attorney General to Karen T. Mullins, Esquire, County Attorney, Wise County, 11-075, 2011 Va. AG LEXIS 36 (6/22/11).

§ 24.2-307. Requirements for county and city precincts.

The governing body of each county and city shall establish by ordinance as many precincts as it deems necessary. Each governing body is authorized to increase or decrease the number of precincts and alter precinct boundaries subject to the requirements of this chapter.

At the time any precinct is established, it shall have no more than 5,000 registered voters. The general registrar shall notify the governing body whenever the number of voters who voted in a precinct in an election for President of the United States exceeds 4,000. Within six months of receiving the notice, the governing body shall proceed to revise the precinct boundaries, and any newly established or redrawn precinct shall have no more than 5,000 registered voters.

At the time any precinct is established, each precinct in a county shall have no fewer than 100 registered voters and each precinct in a city shall have no fewer than 500 registered voters.

Each precinct shall be wholly contained within a single congressional district, Senate district, House of Delegates district, and election district used for the election of one or more members of the governing body or school board for the county or city. In each year ending in one, the governing body of each county and city shall establish the precinct boundaries to be consistent with any congressional district, Senate district, House of Delegates district, and local election district that was adopted by the appropriate authority by June 15 of that year. If congressional districts, Senate districts, House of Delegates districts, or local election districts have not been adopted by the appropriate authority by June 15 of a year ending in one, the governing body may use the congressional districts, Senate districts, House of Delegates districts, or local election districts as such districts existed on June 15 of that year as the basis for establishing the precinct boundaries to be used for the elections to be held in November of that year. Such governing body shall establish precinct boundaries to be consistent with any subsequent changes to the congressional districts, Senate districts, House of Delegates districts, or local election districts. If a governing body is unable to establish a precinct with the minimum number of registered voters without splitting the precinct between two or more congressional districts, Senate districts, House of Delegates districts, or local election districts, it shall apply to the State Board for a waiver to administer a split precinct. The State Board may grant the waiver or direct the governing body to establish a precinct with fewer than the minimum number of registered voters as permitted by § 24.2-309 . A governing body granted a waiver to administer a split precinct or directed to establish a precinct with fewer than the minimum number of registered voters may use such a precinct for any election held that year.

The governing body shall establish by ordinance one polling place for each precinct.

(Code 1950, §§ 24-45, 24-46; 1954, c. 375; 1956, c. 378; 1962, cc. 185, 536; 1970, c. 462, §§ 24.1-36, 24.1-37; 1971, Ex. Sess., c. 119; 1976, c. 616; 1977, c. 30; 1978, c. 778; 1980, c. 639; 1992, c. 445; 1993, c. 641; 1999, c. 515; 2020, c. 1268.)

The 1999 amendment, in the second paragraph, substituted "voters who voted in a precinct in an election for President of the United States exceeds 4,000" for "registered voters in a precinct exceeds 5,000" in the second sentence, and substituted "and any newly established or redrawn precinct shall have no more than 5,000 registered voters" for "to comply with this requirement" in the last sentence.

The 2020 amendments. - The 2020 amendment by c. 1268, in the penultimate paragraph, substituted "a single congressional district, Senate district, House of Delegates district, and" for "any" in the first sentence and added the second through the last sentences.

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, § 6.

OPINIONS OF THE ATTORNEY GENERAL

Polling places on school property. - Because there is no conflict between § 18.2-119 , governing trespass on property, and subsection B of § 24.2-310 , § 24.2-310.1 , and this section requiring polling places to be located in public buildings such as public school buildings, an individual prohibited from entering school property may enter the portion of that property designated as a polling place solely for the purpose of casting his vote. See opinion of Attorney General to The Honorable James M. Shuler, Member, House of Delegates, 05-093 (2/8/06).

Alteration of precinct boundaries. - County board of supervisors is statutorily authorized to alter the boundaries of voting precincts at any time other than within sixty days before any general election. See opinion of Attorney General to The Honorable Jeffrey M. Frederick, Member, House of Delegates, 06-014 (3/10/06).

Changes in polling places. - The Virginia law governing the process required to move a polling place based on an emergency is found in subsection D of § 24.2-310 . See opinion of Attorney General to The Honorable David A. Nutter, Member, House of Delegates, 09-081, 2009 Va. AG LEXIS 45 (10/16/09).

The General Assembly requires that: (i) there be an emergency that makes a polling place unusable or inaccessible; (ii) the local electoral board select an alternative polling place; (iii) the local electoral board obtain the approval of the State Board of Elections for both the declaration of emergency and the alternative polling place; and (iv) if the State Board of Election approves the emergency and the alternative polling place, the local electoral board must give notice to the voters of the change in polling place that is appropriate to the circumstances of the emergency. See opinion of Attorney General to The Honorable David A. Nutter, Member, House of Delegates, 09-081, 2009 Va. AG LEXIS 45 (10/16/09).

§ 24.2-308. Requirements for town precincts.

There shall be one precinct for each town unless the council by ordinance establishes more than one precinct.

Each town precinct shall be wholly contained within any election district used for the election of one or more council or school board members.

The council shall establish by ordinance one polling place for each precinct.

(Code 1950, § 24-171; 1970, c. 462, § 24.1-92; 1978, c. 778; 1980, c. 639; 1981, c. 425; 1992, c. 445; 1993, c. 641.)

§ 24.2-309. Establishment of precinct with less than minimum number of voters; conduct of elections where all voters do not have same choice of candidates.

A precinct may be established with fewer than the minimum number of registered voters required by this article if a larger precinct cannot be established in which all persons are voting at any general election for the same candidates for the governing body and school board of the county or city, House of Delegates, state Senate, and United States House of Representatives. The governing body may select a polling place within one mile of the boundaries of that precinct if a suitable polling place is not available within that precinct.

The State Board shall make regulations setting procedures by which elections may be conducted in precincts in which all voters do not have the same choice of candidates at a general election.

(1971, Ex. Sess., c. 264, § 24.1-40; 1993, c. 641.)

§ 24.2-309.1.

Repealed by Acts 2001, c. 614.

Editor's note. - Former § 24.2-309.1 , which prohibited changes to election precincts for specified period of time, was enacted by Acts 1998, c. 368, and amended by Acts 2000, c. 884.

§ 24.2-309.2. Election precincts; prohibiting precinct changes for specified period of time.

No county, city, or town shall create, divide, abolish, or consolidate any precincts, or otherwise change the boundaries of any precinct, effective during the period from February 1, 2019, to May 15, 2021, except as (i) provided by law upon a change in the boundaries of the county, city, or town, (ii) the result of a court order, (iii) the result of a change in the form of government, or (iv) the result of an increase or decrease in the number of local election districts other than at-large districts. Any ordinance required to comply with the requirements of § 24.2-307 shall be adopted on or before February 1, 2019.

If a change in the boundaries of a precinct is required pursuant to clause (i), (ii), (iii), or (iv), the county, city, or town shall comply with the applicable requirements of law, including §§ 24.2-304.3 and 30-395, and send copies of the ordered or enacted changes to the State Board of Elections and the Division of Legislative Services.

This section shall not prohibit any county, city, or town from adopting an ordinance revising precinct boundaries after January 1, 2021. However, no revisions in precinct boundaries shall be implemented in the conduct of elections prior to May 15, 2021.

(2008, c. 112; 2018, cc. 778, 779; 2020, Sp. Sess. I, c. 56.)

Editor's note. - Acts 2020, Sp. Sess. I, c. 56, cl. 10, as amended by Acts 2021, Sp. Sess. I, c. 552, provides: "That an emergency exists and the provisions of Enactment 9 of this act shall become effective on November 15, 2020, contingent upon the passage of an amendment to the Constitution of Virginia on the Tuesday after the first Monday in November 2020, establishing the Virginia Redistricting Commission by amending Section 6 of Article II and adding in Article II a new section numbered 6-A. If such amendment is not approved by the voters, the provisions of this act shall not become effective."

The 2018 amendments. - The 2018 amendment by c. 778 substituted "2019" for "2009" throughout; substituted "2021" for "2011" throughout; in the second paragraph, deleted "above" preceding "the county"; and in the third paragraph, deleted "or submitting that ordinance to the United States Department of Justice in accordance with § 5 of the United States Voting Rights Act of 1965, as amended" preceding "after January 1."

The 2020 Sp. Sess. I amendments. - The 2020 amendment by Sp. Sess. I, c. 56, cl. 9, effective November 15, 2020, substituted "30-395" for "30-264" in the second paragraph.

§ 24.2-310. Requirements for polling places.

1. The polling place for each precinct shall be located within the county or city and either within the precinct or within one mile of the precinct boundary. The polling place for a county precinct may be located within a city (i) if the city is wholly contained within the county election district served by the precinct or (ii) if the city is wholly contained within the county and the polling place is located on property owned by the county. The polling place for a town precinct may be located within one mile of the precinct and town boundary. For town elections held in November, the town shall use the polling places established by the county for its elections.
2. The governing body of each county, city, and town shall provide funds to enable the general registrar to provide adequate facilities at each polling place for the conduct of elections. Each polling place shall be located in a public building whenever practicable. If more than one polling place is located in the same building, each polling place shall be located in a separate room or separate and defined space.
3. Polling places shall be accessible to qualified voters 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 State Board shall provide instructions to the local electoral boards and general registrars to assist the localities in complying with the requirements of the Acts.
4. If an emergency makes a polling place unusable or inaccessible, the electoral board or the general registrar shall provide an alternative polling place and give notice of the change in polling place, including to all candidates, or such candidate's campaign, appearing on the ballot to be voted at the alternative polling place, subject to the prior approval of the State Board. The general registrar shall provide notice to the voters appropriate to the circumstances of the emergency. For the purposes of this subsection, an "emergency" means a rare and unforeseen combination of circumstances, or the resulting state, that calls for immediate action.
5. It shall be permissible to distribute campaign materials on the election day on the property on which a polling place is located and outside of the building containing the room where the election is conducted except as specifically prohibited by law including, without limitation, the prohibitions of § 24.2-604 and the establishment of the "Prohibited Area" within 40 feet of any entrance to the polling place. However, and notwithstanding the provisions of clause (i) of subsection A of § 24.2-604 , and upon the approval of the local electoral board, campaign materials may be distributed outside the polling place and inside the structure where the election is conducted, provided that the "Prohibited Area" (i) includes the area within the structure that is beyond 40 feet of any entrance to the polling place and the area within the structure that is within 40 feet of any entrance to the room where the election is conducted and (ii) is maintained and enforced as provided in § 24.2-604. The local electoral board may approve campaigning activities inside the building where the election is conducted when an entrance to the building is from an adjoining building, or if establishing the 40-foot prohibited area outside the polling place would hinder or delay a qualified voter from entering or leaving the building.
6. Any local government, local electoral board, or the State Board may make monetary grants to any non-governmental entity furnishing facilities under the provisions of § 24.2-307 or 24.2-308 for use as a polling place. Such grants shall be made for the sole purpose of meeting the accessibility requirements of this section. Nothing in this subsection shall be construed to obligate any local government, local electoral board, or the State Board to appropriate funds to any non-governmental entity. (Code 1950, §§ 24-45, 24-46, 24-171, 24-179 through 24-181; 1954, c. 375; 1956, c. 378; 1962, cc. 185, 536; 1970, c. 462, §§ 24.1-36, 24.1-37, 24.1-92, 24.1-97; 1971, Ex. Sess., c. 119; 1976, c. 616; 1977, c. 30; 1978, c. 778; 1980, c. 639; 1981, c. 425; 1984, c. 217; 1985, c. 197; 1986, c. 558; 1992, c. 445; 1993, cc. 546, 641; 1994, c. 307; 2003, c. 1015; 2004, c. 25; 2005, c. 340; 2008, cc. 113, 394; 2010, cc. 639, 707; 2012, cc. 488, 759; 2016, cc. 18, 492.)

Editor's note. - Acts 1993, c. 546 amended former § 24.1-37, from which this section is derived. Pursuant to § 30-152 and Acts 1993, c. 641, cl. 6, effect has been given in this section to c. 546.

At the direction of the Virginia Code Commission, "52 U.S.C. § 20101 et seq." was substituted for "42 U.S.C. § 1973ee et seq." to conform to the editorial reclassification of Title 52, U.S.C., effective September 1, 2014.

The 2003 amendments. - The 2003 amendment by c. 1015, twice substituted "one mile" for "1,500 yards" in subsection A; and inserted the last sentence in subsection D.

The 2004 amendments. - The 2004 amendment by c. 25 added subsection E.

The 2005 amendments. - The 2005 amendment by c. 340 added subsection F.

The 2008 amendments. - The 2008 amendments by cc. 113 and 394 are identical, and added the fourth sentence in subsection A.

The 2010 amendments. - The 2010 amendment by c. 639, in subsection D, inserted "including to all candidates, or such candidate's campaign, appearing on the ballot to be voted at the alternative polling place" in the first sentence and added the last sentence.

The 2010 amendment by c. 707, rewrote subsection E, which formerly read: "It shall be permissible to distribute campaign materials on the election day on the property on which a polling place is located and outside of the building containing the polling place except as specifically prohibited by law including, without limitation, the prohibitions of § 24.2-604 and the establishment of the 'Prohibited Area' within 40 feet of the entrance to a polling place."

The 2012 amendments. - The 2012 amendment by c. 488, in subsection A, in the second sentence, inserted the clause (i) designator and clause (ii) and made a related change.

The 2012 amendment by c. 759, in subsection E, substituted the second sentence for former clause (ii) of the first sentence, which read: "or (ii) upon the approval of the local electoral board, inside the structure where the election is conducted, provided that a reasonable person would not observe any campaigning activities while inside the polling place" and made related changes; and deleted "pursuant to clause (ii)" in the last sentence.

The 2016 amendments. - The 2016 amendments by cc. 18 and 492 are identical, and in subsection B, substituted "general registrar" for "electoral board"; and in subsection D, inserted "or the general registrar" in the first sentence and substituted "The general registrar" for "The electoral board" in the second sentence.

Law review. - For annual survey article, "Election Law and Government," see 46 U. Rich. L. Rev. 119 (2011).

OPINIONS OF THE ATTORNEY GENERAL

Polling places on school property. - Because there is no conflict between § 18.2-119 , governing trespass on property, and §§ 24.2-307 , 24.2-310.1 , and subsection B of this section requiring polling places to be located in public buildings such as public school buildings, an individual prohibited from entering school property may enter the portion of that property designated as a polling place solely for the purpose of casting his vote. See opinion of Attorney General to The Honorable James M. Shuler, Member, House of Delegates, 05-093 (2/8/06).

Changes in polling places. - The Virginia law governing the process required to move a polling place based on an emergency is found in subsection D of § 24.2-310 . See opinion of Attorney General to The Honorable David A. Nutter, Member, House of Delegates, 09-081, 2009 Va. AG LEXIS 45 (10/16/09).

The General Assembly requires that: (i) there be an emergency that makes a polling place unusable or inaccessible; (ii) the local electoral board select an alternative polling place; (iii) the local electoral board obtain the approval of the State Board of Elections for both the declaration of emergency and the alternative polling place; and (iv) if the State Board of Election approves the emergency and the alternative polling place, the local electoral board must give notice to the voters of the change in polling place that is appropriate to the circumstances of the emergency. See opinion of Attorney General to The Honorable David A. Nutter, Member, House of Delegates, 09-081, 2009 Va. AG LEXIS 45 (10/16/09).

§ 24.2-310.1. Polling places; additional requirement.

The requirement stated in this section shall be in addition to requirements stated in §§ 24.2-307 , 24.2-308 , and 24.2-310 , including the requirement that polling places be located in public buildings whenever practical. No polling place shall be located in a building which serves primarily as the headquarters, office, or assembly building for any private organization, other than an organization of a civic, educational, religious, charitable, historical, patriotic, cultural, or similar nature, unless the State Board has approved the use of the building because no other building meeting the accessibility requirements of this title is available.

(1993, c. 904, § 24.1-37.1; 1993, c. 641.)

Editor's note. - Acts 1993, c. 904 enacted former § 24.1-37.1, from which this section is derived. Pursuant to § 30-152 and Acts 1993, c. 641, cl. 6, effect has been given to this section, as set out above.

OPINIONS OF THE ATTORNEY GENERAL

Polling places on school property. - Because there is no conflict between § 18.2-119 , governing trespass on property, and § 24.2-307 , subsection B of § 24.2-310 , and this section, requiring polling places to be located in public buildings such as public school buildings, an individual prohibited from entering school property may enter the portion of that property designated as a polling place solely for the purpose of casting his vote. See opinion of Attorney General to The Honorable James M. Shuler, Member, House of Delegates, 05-093 (2/8/06).

§ 24.2-311. Effective date of decennial redistricting measures; elections following decennial redistricting.

1. Legislation enacted to accomplish the decennial redistricting of congressional and General Assembly districts required by Article II, Section 6 of the Constitution of Virginia shall take effect immediately. Members of Congress and the General Assembly in office on the effective date of the decennial redistricting legislation shall complete their terms of office. The elections for their successors shall be held at the November general election next preceding the expiration of the terms of office of the incumbent members and shall be conducted on the basis of the districts set out in the legislation to accomplish the decennial redistricting. However, (i) if the decennial redistricting of congressional districts has not been enacted and approved for implementation pursuant to § 5 of the United States Voting Rights Act of 1965 before January 1 of the year of the election for statewide office, the previously enacted congressional districts shall remain in effect for the purpose of meeting the petition signature requirements set out in §§ 24.2-506 , 24.2-521 , 24.2-543 , and 24.2-545 and (ii) any reference on a petition to the usual primary date of the third Tuesday in June shall not be cause to invalidate the petition even though the date of the primary may be altered by law.
2. Ordinances adopted by local governing bodies to accomplish the decennial redistricting of districts for county, city, and town governing bodies required by Article VII, Section 5 of the Constitution of Virginia shall take effect immediately. Members of county, city, and town governing bodies in office on the effective date of a decennial redistricting measure shall complete their terms of office. The elections for their successors shall be held at the general election next preceding the expiration of the terms of office of the incumbent members and shall be conducted on the basis of the districts set out in the measures to accomplish the decennial redistricting.
3. If a vacancy in any such office occurs after the effective date of a decennial redistricting measure and a special election is required by law to fill the vacancy, the vacancy shall be filled from the district in the decennial redistricting measure which most closely approximates the district in which the vacancy occurred.
4. If a decennial redistricting measure adopted by a local governing body adds one or more districts and also increases the size of the governing body, an election for the additional governing body member or members to represent the additional district or districts for the full or partial term provided by law shall be held at the next November general election in any county or in any city or town that regularly elects its governing body in November pursuant to § 24.2-222.1 , or at the next May general election in any other city or town, which occurs at least 120 days after the effective date of the redistricting measure.
5. In the event of a conflict between the provisions of a decennial redistricting measure and the provisions of the charter of any locality, the provisions of the redistricting measure shall be deemed to override the charter provisions to the extent required to give effect to the redistricting plan.

   (1990, c. 500, § 24.1-17.2; 1993, c. 641; 2000, c. 1045; 2012, c. 791; 2021, Sp. Sess. I, c. 239.)

The 2012 amendments. - The 2012 amendment by c. 791, effective January 1, 2013, added the last sentence in subsection A.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 239, effective July 1, 2021, substituted "third Tuesday" for "second Tuesday" in clause (ii) of subsection A.

§ 24.2-312. Effective date of other redistricting measures; elections following annexation.

1. Any redistricting, other than the decennial redistricting, of any county, city, or town shall be effective at midnight December 31 of the year in which the redistricting occurs.
2. Members of county, city, and town governing bodies in office when any such redistricting measure is adopted shall complete their terms of office. The elections for their successors shall be held at the general election next preceding the expiration of the terms of office of the incumbent members and shall be conducted on the basis of the districts set out in the measures to accomplish the redistricting.
3. When a county has been redistricted as a result of annexation and the redistricting occurs in the year of a regularly scheduled November general election for members of the county's board of supervisors, the November general election shall be conducted from the newly established districts so long as the redistricting measure has been adopted prior to March 15 of the year of the election.
4. When a city or town has been redistricted as a result of annexation and the redistricting occurs prior to a regularly scheduled May general election for members of the city's or town's governing body, the May general election shall be conducted from the newly established districts so long as the redistricting measure has been adopted prior to the November 15 immediately preceding the election.

   (1990, c. 500, § 24.1-17.3; 1993, c. 641; 1995, c. 249.)

§ 24.2-313. Rescheduling of certain local elections following the decennial redistricting of districts for the governing body.

1. Notwithstanding any other provision of law to the contrary, elections for members of the governing body or school board of any county, city, or town that would be held on a regularly scheduled date for a general election, but are delayed because the decennial redistricting plan of such county, city, or town is not precleared by the Attorney General of the United States pursuant to § 5 of the federal Voting Rights Act at least thirty days prior to the general election, shall be held as provided in this section, unless otherwise provided by a court of competent jurisdiction. In the event the Attorney General grants preclearance at least thirty days prior to the general election, the election shall be held as scheduled and shall be conducted from the newly established districts. The provisions of this section shall not apply to any county, city, or town election scheduled to be held entirely on an at-large basis.
2. In each such county, city, or town, such election shall be held on the first Tuesday (i) that is more than sixty days after the Attorney General of the United States issues a letter stating that he interposes no objection to a decennial redistricting plan approved and submitted by the county, city, or town; (ii) that is not the scheduled date of a primary election; and (iii) that is not within the sixty days before or the thirty-five days after a primary or general election.
3. Independent candidates for such rescheduled elections shall qualify in the manner provided by §§ 24.2-505 and 24.2-506 , and party nominees shall be nominated and certified at least thirty days before the new election date.
4. All candidates shall file the statements required by §§ 24.2-501 and 24.2-502 at least thirty days before the new election date.
5. Notwithstanding the provisions of subsections C and D,  any candidate who qualified to have his name printed on the ballot for the original election date, pursuant to § 24.2-504 , shall be automatically qualified to have his name printed on the ballot for the delayed election date and shall not have to refile the required documents, provided that the boundaries of the district in which he is seeking office are the same as when he was originally qualified. In any district in which the boundaries have been changed, candidates shall requalify for the ballot; however, at the request of any candidate who filed as an independent, his original petitions shall be reviewed by the registrar, previously verified signatures of voters who reside in the new district shall be counted toward the number needed to qualify to run in the new district, and the candidate may supplement such petitions when he refiles under § 24.2-505 .
6. Notwithstanding any provision of law to the contrary, the term of members of any governing body or school board elected under the provisions of this act shall commence on the first day of the second month following the election and shall terminate on the day on which the term would have expired had the general election been held on its regularly scheduled day.
7. The term of members of any governing body affected by this act that would otherwise expire prior to the commencement of the term of their successors elected pursuant to this section shall be extended until the date that the term of members elected pursuant to this section commences, notwithstanding any provision of law to the contrary.

   (2002, c. 189.)

Editor's note. - Acts 2002, c. 189, cl. 2, provides: "That an emergency exists and this act is in force from its passage [March 22, 2002]."

§ 24.2-314. Population data; reallocation of prison populations.

1. Persons incarcerated in federal correctional facilities and in state and local correctional facilities, as those terms are defined in § 53.1-1 , shall be counted and reallocated for redistricting and reapportionment purposes in accordance with the provisions of this section and the following:
   1. A person incarcerated in a federal, state, or local correctional facility whose address at the time of incarceration was located within the Commonwealth shall be deemed to reside at such address.
   2. A person incarcerated in a federal, state, or local correctional facility whose address at the time of incarceration was located outside of the Commonwealth or whose address at the time of incarceration cannot be determined shall be deemed to reside at the location of the facility in which he is incarcerated.
2. By July 1 of any year in which the decennial census is taken, the Department of Corrections and the State Board of Local and Regional Jails shall provide to the Division of Legislative Services, in a format specified by the Division of Legislative Services, the following information for each person who was incarcerated in a state or local correctional facility on April 1 of that year:
   1. A unique identifier, other than his name or offender identification number, assigned by the Department of Corrections or the State Board of Local and Regional Jails for this purpose;
   2. His residential street address at the time of incarceration, or other legal residence, if known;
   3. His race, his ethnicity as identified by him, and whether he is 18 years of age or older; and
   4. The street address of the correctional facility in which he was incarcerated on April 1 of that year.
3. The Division of Legislative Services shall request each agency operating a federal correctional facility in the Commonwealth that incarcerates persons convicted of a criminal offense to provide to the Division of Legislative Services by July 1 of any year in which the decennial census is taken a record containing the information specified in subsection B for each person who was incarcerated in the facility on April 1 of that year. Any person incarcerated in a federal correctional facility for whom a record is not received by the Division of Legislative Services shall be deemed to have an address at the time of incarceration that cannot be determined.
4. The Division of Legislative Services shall prepare adjusted population data, including race and ethnicity data, in a manner that reflects the inclusion of incarcerated persons in the population count of the locality in which he is deemed to reside pursuant to subdivision A 1 or 2.

   This adjusted population data shall be used for purposes of redistricting and reapportionment and shall be the basis for congressional, state Senate, House of Delegates, and local government election districts. This adjusted population data shall not be used in the distribution of any federal or state aid.

5. The Division of Legislative Services shall make the adjusted population data available no later than 30 days following receipt of population data from the United States Bureau of the Census pursuant to P.L. 94-171. In making this data available, the Division of Legislative Services shall ensure no information regarding a specific incarcerated person's address at the time of incarceration is made public.

   (2020, cc. 759, 1229, 1265.)

Editor's note. - Acts 2020, c. 759, cl. 3 provides: "That the State Board of Local and Regional Jails, formerly known as the State Board of Corrections, is continued, and wherever 'State Board of Corrections' is used in the Code of Virginia, it shall mean the State Board of Local and Regional Jails." At the direction of the Virginia Code Commission, "State Board of Local and Regional Jails" was substituted for "Board of Corrections" in subsection B and subdivision B 1.

Acts 2020, cc. 1229 and 1265, cl. 2 provides: "That, notwithstanding the deadlines set forth in §§ 24.2-314 and 53.1-5.2 of the Code of Virginia, as created by this act, and in § 53.1-10 of the Code of Virginia, as amended by this act, the Board of Corrections shall direct the sheriffs of all local jails and the jail superintendents of all regional jails to provide to it the information required pursuant to § 53.1 -5.2 of the Code of Virginia, as created by this act, by August 1, 2020; the Department of Corrections and the Board of Corrections shall provide to the Division of Legislative Services the information required pursuant to § 24.2-314 of the Code of Virginia, as created by this act, by September 1, 2020; and the Division of Legislative Services shall require each agency operating a federal correctional facility in the Commonwealth to provide to it the information specified in § 24.2-314 of the Code of Virginia, as created by this act, by September 1, 2020."

§ 24.2-400. Persons entitled to register and vote.

Any person who is not registered to vote, but would otherwise be a qualified voter, is entitled to register to vote as provided in this chapter. Any person who is registered to vote and is a qualified voter shall be entitled to vote in the precinct where he resides.

(Code 1950, §§ 24-17, 24-22, 24-23; 1963, Ex. Sess., c. 2; 1970, c. 462, § 24.1-41; 1971, Ex. Sess., cc. 205, 265; 1974, c. 428; 1977, c. 490; 1978, c. 778; 1993, c. 641.)

Cross references. - As to discrimination against qualified persons with disabilities in exercising right to vote, see § 51.5-43 .

Law review. - For essay, "The Downfall of 'Incumbent Protection': Case Study and Implications," see 54 U. Rich. L. Rev. 243 (2019).

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, §§ 16, 19, 20, 22.

OPINIONS OF THE ATTORNEY GENERAL

Homeless residents of the Commonwealth may register to vote in a locality of the Commonwealth, so long as they have an intention to remain in that locality for an unlimited period of time. See opinion of Attorney General to The Honorable Janet D. Howell, The Honorable Linda T. Puller, and The Honorable Mary Margaret Whipple, Members, Senate of Virginia, 04-30 (5/19/04).

§ 24.2-401. Persons moving from precinct.

A person who is qualified to vote except for having moved his residence from one precinct to another within the Commonwealth may vote in the precinct from which he has moved in the following November general election and any intervening election unless his registration has been transferred or cancelled as provided in this chapter. In addition, a person may continue to vote in the precinct from which he has moved through the ensuing second general election for federal office, provided that (i) he has moved his residence from one precinct to another in the same registrar's jurisdiction and the same congressional district; (ii) he has failed to respond to the notice provided in § 24.2-428 ; (iii) his registration has not been transferred or cancelled as provided in this chapter; and (iv) he has affirmed orally or in writing his new address before an officer of election at the polling place.

(Code 1950, §§ 24-17, 24-22, 24-23; 1963, Ex. Sess., c. 2; 1970, c. 462, § 24.1-41; 1971, Ex. Sess., cc. 205, 265; 1974, c. 428; 1977, c. 490; 1978, c. 778; 1993, c. 641; 1996, cc. 72, 73; 1997, c. 346.)

§ 24.2-402. Persons moving from Commonwealth fewer than thirty days before presidential election.

A person who is qualified to vote except for having moved his residence from the Commonwealth after the thirtieth day preceding a presidential election may vote in the precinct from which he has moved only in that election and only for electors of President and Vice President of the United States.

The officers of election shall deliver to any person who asks to vote under this section the paper ballot for electors of President and Vice President of the United States and no other ballot. The ballot shall be voted, handled, and counted with other like ballots in accordance with the provisions of this title.

(Code 1950, §§ 24-17, 24-22, 24-23; 1963, Ex. Sess., c. 2; 1970, c. 462, § 24.1-41; 1971, Ex. Sess., cc. 119, 205, 265, § 24.1-41.1; 1974, c. 428; 1977, c. 490; 1978, c. 778; 1993, c. 641.)

Cross references. - As to permitted use of paper ballots, see § 24.2-646.1

Law review. - For 2006 survey article, "Election Law," see 41 U. Rich. L. Rev. 121 (2006).

§ 24.2-403. Persons under 18 years of age.

Any person who is otherwise qualified and will be 18 years of age on or before the day of the next general election shall be permitted to register in advance and also vote in any intervening primary or special election. Notwithstanding any other provision of law to the contrary, any person who is otherwise qualified and will be 18 years of age on or before the day of the next November general presidential election shall be permitted to register in advance of and also vote in any intervening presidential primary and any other primary held on the same day as the presidential primary.

(Code 1950, §§ 24-17, 24-22, 24-23; 1963, Ex. Sess., c. 2; 1970, c. 462, § 24.1-41; 1971, Ex. Sess., cc. 205, 265; 1974, c. 428; 1977, c. 490; 1978, c. 778; 1993, c. 641; 2004, c. 481; 2006, c. 205.)

The 2004 amendments. - The 2004 amendment by c. 481 added the last sentence and made a minor stylistic change.

The 2006 amendments. - The 2006 amendment by c. 205 substituted "on or before the day of the next" for "at the next" in two places.

Law review. - For 2006 survey article, "Election Law," see 41 U. Rich. L. Rev. 121 (2006).

§ 24.2-403.1. (Effective October 1, 2022) Preregistration of persons 16 years of age or older.

Any person who is otherwise qualified and is 16 years of age or older, but who will not be 18 years of age on or before the day of the next general election, may preregister to vote. This preregistration shall not entitle a person 16 years of age or older to vote in any election except as provided in § 24.2-403 .

(2021, Sp. Sess. I, c. 217.)

Editor's note. - Acts 2021, Sp. Sess. I, c. 217, cl. 2 provides: "That the provisions of this act shall become effective on October 1, 2022."

§ 24.2-404. (Effective until October 1, 2022) Duties of Department of Elections.

1. The Department of Elections shall provide for the continuing operation and maintenance of a central recordkeeping system, the Virginia voter registration system, for all voters registered in the Commonwealth. In order to operate and maintain the system, the Department shall:
   1. Maintain a complete, separate, and accurate record of all registered voters in the Commonwealth.
   2. Require the general registrars to enter the names of all registered voters into the system and to change or correct registration records as necessary.
   3. Provide to each general registrar voter confirmation documents for newly registered voters and for notice to registered voters on the system of changes and corrections in their registration records and polling places.
   4. Require the general registrars to delete from the record of registered voters the name of any voter who (i) is deceased, (ii) is no longer qualified to vote in the county or city where he is registered due to removal of his residence, (iii) has been convicted of a felony, (iv) has been adjudicated incapacitated, (v) is known not to be a United States citizen by reason of reports from the Department of Motor Vehicles pursuant to § 24.2-410 .1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E, or (vi) is otherwise no longer qualified to vote as may be provided by law. Such action shall be taken no later than 30 days after notification from the Department. The Department shall promptly provide the information referred to in this subdivision, upon receiving it, to general registrars.
   5. Retain on the system for four years a separate record for registered voters whose names have been deleted, with the reason for deletion.
   6. Retain on the system permanently a separate record for information received regarding deaths, felony convictions, and adjudications of incapacity pursuant to §§ 24.2-408 through 24.2-410 .
   7. Provide to each general registrar, at least 16 days prior to a general or primary election and three days prior to a special election, an alphabetical list of all registered voters in each precinct or portion of a precinct in which the election is being held in the county, city, or town. These precinct lists shall be used as the official lists of qualified voters and shall constitute the pollbooks. The Department shall provide instructions for the division of the pollbooks and precinct lists into sections to accommodate the efficient processing of voter lines at the polls. Prior to any general, primary, or special election, the Department shall provide any general registrar, upon his request, with a separate electronic list of all registered voters in the registrar's county or city. If electronic pollbooks are used in the locality or electronic voter registration inquiry devices are used in precincts in the locality, the Department shall provide a regional or statewide list of registered voters to the general registrar of the locality. The Department shall determine whether regional or statewide data is provided. Neither the pollbook nor the regional or statewide list of registered voters shall include the day and month of birth of the voter, but shall include the voter's year of birth.
   8. Acquire by purchase, lease, or contract equipment necessary to execute the duties of the Department.
   9. Use any source of information that may assist in carrying out the purposes of this section. All agencies of the Commonwealth shall cooperate with the Department in procuring and exchanging identification information for the purpose of maintaining the voter registration system. The Department may share any information that it receives from another agency of the Commonwealth with any Chief Election Officer of another state for the maintenance of the voter registration system.
   10. Cooperate with other states and jurisdictions to develop systems to compare voters, voter history, and voter registration lists to ensure the accuracy of the voter registration rolls, to identify voters whose addresses have changed, to prevent duplication of registration in more than one state or jurisdiction, and to determine eligibility of individuals to vote in Virginia.
   11. Reprint and impose a reasonable charge for the sale of any part of Title 24.2, lists of precincts and polling places, statements of election results by precinct, and any other items required of the Department by law. Receipts from such sales shall be credited to the Board for reimbursement of printing expenses.
2. The Department shall be authorized to provide for the production, distribution, and receipt of information and lists through the Virginia voter registration system by any appropriate means including, but not limited to, paper and electronic means. The Virginia Freedom of Information Act (§ 2.2-3700 et seq.) shall not apply to records about individuals maintained in this system.
3. The State Board shall institute procedures to ensure that each requirement of this section is fulfilled. As part of its procedures, the State Board shall provide that the general registrar shall mail notice of any cancellation pursuant to clause (v) of subdivision A 4 to the person whose registration is cancelled.
4. The State Board shall promulgate rules and regulations to ensure the uniform application of the law for determining a person's residence.
5. The Department shall apply to participate in the Systematic Alien Verification for Entitlements Program (SAVE Program) operated by U.S. Citizenship and Immigration Services of the U.S. Department of Homeland Security for the purposes of verifying that voters listed in the Virginia voter registration system are United States citizens. Upon approval of the application, the Department shall enter into any required memorandum of agreement with U.S. Citizenship and Immigration Services. The State Board shall promulgate rules and regulations governing the use of the immigration status and citizenship status information received from the SAVE Program.
6. The Department shall report annually by October 1 for the preceding 12 months ending August 31 to the Committees on Privileges and Elections on each of its activities undertaken to maintain the Virginia voter registration system and the results of those activities. The Department's report shall be governed by the provisions of § 2.2-608 and shall encompass activities undertaken pursuant to subdivisions A 9 and 10 and subsection E and pursuant to §§ 24.2-404.3 , 24.2-404.4 , 24.2-408 , 24.2-409 , 24.2-409.1 , 24.2-410 , 24.2-410.1 , 24.2-427 , and 24.2-428 . This report shall contain the methodology used in gathering and analyzing the data. The Commissioner of Elections shall certify that the data included in the report is accurate and reliable. (1970, c. 462, § 24.1-23; 1971, Ex. Sess., c. 119; 1972, c. 620; 1973, c. 30; 1974, cc. 369, 428; 1975, c. 515; 1976, c. 616; 1978, c. 778; 1983, c. 348; 1993, c. 641; 1997, c. 801; 2000, cc. 510, 554; 2003, c. 1015; 2004, c. 428; 2005, c. 378; 2006, cc. 243, 926, 940; 2008, c. 379; 2009, cc. 865, 870, 874; 2011, c. 528; 2012, c. 686; 2013, cc. 425, 686, 725; 2014, c. 452; 2015, c. 740; 2018, c. 460; 2020, cc. 1064, 1065.)

Section set out twice. - The section above is effective until October 1, 2022. For the version of this section effective October 1, 2022, see the following section, also numbered § 24.2-404 .

Editor's note. - Acts 2013, c. 725, cl. 3 provides: "That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriation act passed by the 2013 Session of the General Assembly, which becomes law." Funding was provided in Item 87 F of Acts 2013, c. 806.

The 2013 acts were subject to preclearance by the Department of Justice pursuant to § 5 of the federal Voting Rights Act. However, on June 25, 2013, the United States Supreme Court held invalid Section 4 of the Voting Rights Act that outlines the formula for determining what jurisdictions are covered under the section 5 preclearance processes. See Shelby County v. Holder, - U.S. - , 133 S. Ct. 2612, 186 L. Ed. 2d 651, 2013 U.S. LEXIS 4917 (2013).

Acts 2020, cc. 1064 and 1065, cl. 2 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

The 2000 amendments. - The 2000 amendments by cc. 510 and 554 are identical, and added subsection B.

The 2003 amendments. - The 2003 amendment by c. 1015, inserted present subdivision 6; redesignated former subdivisions 6 through 9 as present subdivisions 7 through 10; and rewrote subdivision 7, which formerly read: "Provide to each general registrar, at least ten days prior to a general or primary election and three days prior to a special election, a list of all registered voters in the county or city, together with an alphabetical list of all registered voters in each precinct of the county, city, or town. These precinct lists shall be used as the official lists of qualified voters and shall constitute the precinct registered voter lists."

The 2004 amendments. - The 2004 amendment by c. 428 added the next-to-last and last sentences in subdivision A 7.

The 2005 amendments. - The 2005 amendment by c. 378 inserted the present third sentence in subdivision A 7.

The 2006 amendments. - The 2006 amendment by c. 243 inserted clause (v) and made related changes in subdivision A 4; and added subsection C.

The 2006 amendments by cc. 926 and 940, effective January 1, 2007, are identical, and in subdivision A 4, inserted clause (v), redesignated former clause (v) as clause (vi) and made a related change.

Subdivision A 4 is set out in the form above at the direction of the Virginia Code Commission.

The 2008 amendments. - The 2008 amendment by c. 379 added the last sentence to the end of subdivision A 7.

The 2009 amendments. - The 2009 amendments by cc. 865, 870 and 874 are identical, and added subsection D.

The 2011 amendments. - The 2011 amendment by c. 528 added the last two sentences in subdivision A 4; and added the last sentence in subdivision A 9.

The 2012 amendments. - The 2012 amendment by c. 686 substituted "recordkeeping system" for "record keeping system" in the introductory paragraph of subsection A; and substituted "16 days" for "10 days" in the first sentence of subdivision A 7.

The 2013 amendments. - The 2013 amendment by c. 425 added subdivision A 10 and redesignated former subdivision A 10 as subdivision A 11.

The 2013 amendment by c. 686 inserted "or from the State Board based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E" in subdivison A 4, and added subsection E.

The 2013 amendment by c. 725, effective July 1, 2014, in subdivision A 3, added "and voter registration cards containing the voter's photograph and signature for free for those voters who do not have one of the forms of identification specified in subsection B of § 24.2-643 " at the end of the first sentence, and added the second through fifth sentences.

The 2014 amendments. - The 2014 amendment by c. 452 added subsection F.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department" for "Board" or "State Board" throughout subsections A and B; substituted "Department of Elections" for "State Board" in the first paragraph of subsection A and the first sentence of subdivision A 4; in subdivision A 3, substituted "voter confirmation documents" for "voter registration cards" the first time it appeared in the first sentence, and substituted "voter photo identification cards" for "voter registration cards" the second time it appeared in the first sentence and in the second and last sentences, and deleted "containing the voter's photograph and signature" from the end of the subdivision; added the last sentence of subsection B; substituted "Department" for "State Board" in the first and second sentences of subsection E and the first sentence of subsection F and for "Board" in the second sentence of F; and made stylistic changes.

The 2018 amendments. - The 2018 amendment by c. 460, in subsection F, substituted "annually by October 1" for "annually by August 1" and "August 31" for "June 30" in the first sentence, inserted "be governed by the provisions of § 2.2-608 and shall" in the second sentence, and added the third and fourth sentences.

The 2020 amendments. - The 2020 amendments by cc. 1064 and 1065 are identical, and deleted "and voter photo identification cards containing the voter's photograph and signature for free for those voters who do not have one of the forms of identification specified in subsection B of § 24.2-643 . The Department shall promulgate rules and regulations authorizing each general registrar to obtain a photograph and signature of a voter who does not have one of the forms of identification specified in subsection B of § 24.2-643 for the purpose of providing such voter a voter photo identification card containing the voter's photograph and signature. The Department shall provide each general registrar with the equipment necessary to obtain a voter's signature and photograph and no general registrar shall be required to purchase such equipment at his own expense. Photographs and signatures obtained by a general registrar shall be submitted to the Department. The Department may contract with an outside vendor for the production and distribution of voter photo identification cards" at the end of subdivision A 3.

Law review. - For survey of election law reform in Virginia, see 12 Wm. & Mary L. Rev. 333 (1970).

For 2006 survey article, "Election Law," see 41 U. Rich. L. Rev. 121 (2006).

For annual survey article, "Election Law," see 44 U. Rich. L. Rev. 403 (2009).

For annual survey article, "Election Law and Government," see 46 U. Rich. L. Rev. 119 (2011).

Michie's Jurisprudence. - For related discussion, see 4C M.J. Constitutional Law, § 129; 6B M.J. Elections, § 25.

§ 24.2-404. (Effective October 1, 2022) Duties of Department of Elections.

1. The Department of Elections shall provide for the continuing operation and maintenance of a central recordkeeping system, the Virginia voter registration system, for all voters registered in the Commonwealth. In order to operate and maintain the system, the Department shall:
   1. Maintain a complete, separate, and accurate record of all registered voters in the Commonwealth. Such system shall automatically register a person who has preregistered pursuant to § 24.2-403.1 upon that person becoming eligible for registration under § 24.2-403 or reaching 18 years of age, whichever comes first.
   2. Require the general registrars to enter the names of all registered voters into the system and to change or correct registration records as necessary.
   3. Provide to each general registrar voter confirmation documents for newly registered voters, including voters who were automatically registered pursuant to subdivision 1, and for notice to registered voters on the system of changes and corrections in their registration records and polling places.
   4. Require the general registrars to delete from the record of registered voters the name of any voter who (i) is deceased, (ii) is no longer qualified to vote in the county or city where he is registered due to removal of his residence, (iii) has been convicted of a felony, (iv) has been adjudicated incapacitated, (v) is known not to be a United States citizen by reason of reports from the Department of Motor Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E, or (vi) is otherwise no longer qualified to vote as may be provided by law. Such action shall be taken no later than 30 days after notification from the Department. The Department shall promptly provide the information referred to in this subdivision, upon receiving it, to general registrars.
   5. Retain on the system for four years a separate record for registered voters whose names have been deleted, with the reason for deletion.
   6. Retain on the system permanently a separate record for information received regarding deaths, felony convictions, and adjudications of incapacity pursuant to §§ 24.2-408 through 24.2-410 .
   7. Provide to each general registrar, at least 16 days prior to a general or primary election and three days prior to a special election, an alphabetical list of all registered voters in each precinct or portion of a precinct in which the election is being held in the county, city, or town. These precinct lists shall be used as the official lists of qualified voters and shall constitute the pollbooks. The Department shall provide instructions for the division of the pollbooks and precinct lists into sections to accommodate the efficient processing of voter lines at the polls. Prior to any general, primary, or special election, the Department shall provide any general registrar, upon his request, with a separate electronic list of all registered voters in the registrar's county or city. If electronic pollbooks are used in the locality or electronic voter registration inquiry devices are used in precincts in the locality, the Department shall provide a regional or statewide list of registered voters to the general registrar of the locality. The Department shall determine whether regional or statewide data is provided. Neither the pollbook nor the regional or statewide list of registered voters shall include the day and month of birth of the voter, but shall include the voter's year of birth.
   8. Acquire by purchase, lease, or contract equipment necessary to execute the duties of the Department.
   9. Use any source of information that may assist in carrying out the purposes of this section. All agencies of the Commonwealth shall cooperate with the Department in procuring and exchanging identification information for the purpose of maintaining the voter registration system. The Department may share any information that it receives from another agency of the Commonwealth with any Chief Election Officer of another state for the maintenance of the voter registration system.
   10. Cooperate with other states and jurisdictions to develop systems to compare voters, voter history, and voter registration lists to ensure the accuracy of the voter registration rolls, to identify voters whose addresses have changed, to prevent duplication of registration in more than one state or jurisdiction, and to determine eligibility of individuals to vote in Virginia.
   11. Reprint and impose a reasonable charge for the sale of any part of Title 24.2, lists of precincts and polling places, statements of election results by precinct, and any other items required of the Department by law. Receipts from such sales shall be credited to the Board for reimbursement of printing expenses.
2. The Department shall be authorized to provide for the production, distribution, and receipt of information and lists through the Virginia voter registration system by any appropriate means including, but not limited to, paper and electronic means. The Virginia Freedom of Information Act (§ 2.2-3700 et seq.) shall not apply to records about individuals maintained in this system.
3. The State Board shall institute procedures to ensure that each requirement of this section is fulfilled. As part of its procedures, the State Board shall provide that the general registrar shall mail notice of any cancellation pursuant to clause (v) of subdivision A 4 to the person whose registration is cancelled.
4. The State Board shall promulgate rules and regulations to ensure the uniform application of the law for determining a person's residence.
5. The Department shall apply to participate in the Systematic Alien Verification for Entitlements Program (SAVE Program) operated by U.S. Citizenship and Immigration Services of the U.S. Department of Homeland Security for the purposes of verifying that voters listed in the Virginia voter registration system are United States citizens. Upon approval of the application, the Department shall enter into any required memorandum of agreement with U.S. Citizenship and Immigration Services. The State Board shall promulgate rules and regulations governing the use of the immigration status and citizenship status information received from the SAVE Program.
6. The Department shall report annually by October 1 for the preceding 12 months ending August 31 to the Committees on Privileges and Elections on each of its activities undertaken to maintain the Virginia voter registration system and the results of those activities. The Department's report shall be governed by the provisions of § 2.2-608 and shall encompass activities undertaken pursuant to subdivisions A 9 and 10 and subsection E and pursuant to §§ 24.2-404.3 , 24.2-404.4 , 24.2-408 , 24.2-409 , 24.2-409.1 , 24.2-410 , 24.2-410.1 , 24.2-427 , and 24.2-428 . This report shall contain the methodology used in gathering and analyzing the data. The Commissioner of Elections shall certify that the data included in the report is accurate and reliable. (1970, c. 462, § 24.1-23; 1971, Ex. Sess., c. 119; 1972, c. 620; 1973, c. 30; 1974, cc. 369, 428; 1975, c. 515; 1976, c. 616; 1978, c. 778; 1983, c. 348; 1993, c. 641; 1997, c. 801; 2000, cc. 510, 554; 2003, c. 1015; 2004, c. 428; 2005, c. 378; 2006, cc. 243, 926, 940; 2008, c. 379; 2009, cc. 865, 870, 874; 2011, c. 528; 2012, c. 686; 2013, cc. 425, 686, 725; 2014, c. 452; 2015, c. 740; 2018, c. 460; 2020, cc. 1064, 1065; 2021, Sp. Sess. I, c. 217.)

Section set out twice. - The section above is effective October 1, 2022. For the version of this section effective until October 1, 2022, see the preceding section, also numbered § 24.2-404 .

Editor's note. - Acts 2021, Sp. Sess., c. 217, cl. 2 provides: "That the provisions of this act shall become effective on October 1, 2022."

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 217, effective October 1, 2022, added the second sentence in subdivision A 2; and inserted "including voters who were automatically registered pursuant to subdivision 1" in subdivision A 3.

§ 24.2-404.1. Commissioner of Elections to serve as state coordinator for the administration of the National Voter Registration Act.

The Commissioner of Elections shall be the chief state election officer responsible for the coordination of state responsibilities under the National Voter Registration Act (52 U.S.C. § 20501 et seq.).

(1996, cc. 72, 73; 2013, c. 542.)

Editor's note. - At the direction of the Virginia Code Commission, "52 U.S.C. § 20501 et seq." was substituted for "42 U.S.C. § 1973gg et seq." to conform to the editorial reclassification of Title 52, U.S.C., effective September 1, 2014.

The 2013 amendments. - The 2013 amendment by c. 542, effective July 1, 2014, substituted "Commissioner" for "Secretary of the State Board."

§ 24.2-404.2.

Repealed by Acts 2003, cc. 20 and 50.

Editor's note. - Former § 24.2-404.2 , which created the National Voter Registration Act Coordinating Committee, was enacted by Acts 1999, c. 118.

§ 24.2-404.3. Duty of Department of Elections; verification of registered voter lists.

On or before October 1 of each year, the Department shall conduct a match of the Virginia registered voter lists with the list of deceased persons maintained by the Social Security Administration.

(2009, c. 492; 2015, c. 740.)

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department" for "State Board."

Law review. - For annual survey article, "Election Law," see 44 U. Rich. L. Rev. 403 (2009).

§ 24.2-404.4. Exchange of registered voter lists with other states.

1. Pursuant to its authority under subsection A of § 24.2-405 and subsections B and C of § 24.2-406 , the Department of Elections shall request voter registration information and lists of persons voting at primaries and elections, if available, from the states bordering the Commonwealth to identify duplicate registrations, voters who no longer reside in the Commonwealth, and other persons who are no longer entitled to be registered in order to maintain the overall accuracy of the voter registration system.
2. Pursuant to its authority under subdivision A 10 of § 24.2-404 , the Department of Elections shall utilize data regarding voter registration and lists of persons voting at primaries and elections received through list comparisons with other states to identify duplicate registrations, voters who no longer reside in the Commonwealth, and other persons who are no longer entitled to be registered in order to maintain the overall accuracy of the voter registration system.
3. The Department shall compare the data received pursuant to subsections A and B with the state voter registration list and initiate list maintenance procedures under applicable state and federal law. The Department shall include in its report to the House and Senate Committees on Privileges and Elections, required by subsection F of § 24.2-404 , the progress of activities conducted under this section, including the number of duplicate registrations found to exist and the procedures that the Department and general registrars are following to eliminate duplicate registrations from the Virginia registered voter lists. (2013, c. 435; 2015, cc. 713, 740; 2018, c. 460.)

Editor's note. - At the direction of the Virginia Code Commission, "subdivision A 10 of § 24.2-404 " was substituted for "subdivision 10 of § 24.2-404 " in subsection B.

The 2015 amendments. - The 2015 amendment by c. 713 designated the former section subsection A, and therein deleted the last two sentences, which read: "Upon receipt of this data, the State Board shall compare it with the state voter registration list and initiate list maintenance procedures under applicable state and federal law. The State Board shall report to the House and Senate Committees on Privileges and Elections annually on the progress of activities conducted under this section, including the number of duplicate registrations found to exist and the procedures that the State Board and general registrars are following to eliminate duplicate registrations from the Virginia registered voter lists"; and added subsections B and C.

The 2015 amendment by c. 740 substituted "Department" for "State Board" throughout the section and "Department of Elections" for "State Board" in subsections A and B; and added the third sentence in subsection C.

The 2018 amendments. - The 2018 amendment by c. 460, in subsection C, substituted "shall include in its report" for "shall report" and "required by subsection F of § 24.2-404 " for "annually on" in the second sentence, and deleted the former third sentence, which read: "All annual reports required to be filed by the Department shall be governed by the provisions of § 2.2-608 ."

§ 24.2-405. Lists of registered voters.

1. The Department of Elections shall provide, at a reasonable price, lists of registered voters for their districts to (i) candidates for election or political party nomination to further their candidacy, (ii) political party committees or officials thereof for political purposes only, (iii) political action committees that have filed a current statement of organization with the Department of Elections pursuant to § 24.2-949.2 , or with the Federal Elections Commission pursuant to federal law, for political purposes only, (iv) incumbent officeholders to report to their constituents, (v) nonprofit organizations that promote voter participation and registration for that purpose only, and (vi) commissioners of the revenue, as defined in § 58.1-3100 , and treasurers, as defined in § 58.1-3123 , for tax assessment, collection, and enforcement purposes. The Department shall provide, at no charge, the courts of the Commonwealth and the United States with the lists for their districts for jury selection purposes no more than two times in a 12-month period and shall provide, at a reasonable price, such lists any other time in that same 12-month period. The lists shall be furnished to no one else and used for no other purpose. However, the Department of Elections is authorized to furnish information from the voter registration system to general registrars for their official use and to the Department of Motor Vehicles and other appropriate state agencies for maintenance of the voter registration system, and to the Chief Election Officers of other states for maintenance of voter registration systems.
2. The Department of Elections shall furnish, at a reasonable price, lists of the addresses of registered voters for their localities to local government census liaisons and their staffs for the sole purpose of providing address information to the United States Bureau of the Census. The Department of Elections shall also furnish, at a reasonable price, such lists to the Clerk of the Senate and the Clerk of the House of Delegates for the sole purpose of maintaining a database of constituent addresses for the General Assembly. The information authorized under this subsection shall be furnished to no other person and used for no other purpose. No list furnished under this subsection shall contain the name of any registered voter. For the purpose of this subsection, the term "census liaison" shall have the meaning provided in 13 U.S.C. § 16.
3. In no event shall any list furnished under this section contain the social security number, or any part thereof, of any registered voter except a list furnished to a court of the Commonwealth or of the United States for jury selection purposes, a commissioner of the revenue or a treasurer for tax assessment, collection, and enforcement purposes, or to the Chief Election Officer of another state permitted to use social security numbers, or any parts thereof, that provides for the use of such numbers on applications for voter registration in accordance with federal law, for maintenance of voter registration systems.
4. Any list furnished under subsection A shall contain the post office box address in lieu of the residence street address for any individual who has furnished at the time of registration or subsequently, in addition to his street address, a post office box address pursuant to subsection B of § 24.2-418 . (1970, c. 462, § 24.1-23; 1971, Ex. Sess., c. 119; 1972, c. 620; 1973, c. 30; 1974, cc. 369, 428; 1975, c. 515; 1976, c. 616; 1978, c. 778; 1983, c. 348; 1993, cc. 144, 641; 1994, cc. 250, 656; 1995, c. 314; 1996, c. 251; 1999, c. 843; 2000, cc. 512, 556; 2001, cc. 612, 626; 2003, c. 1015; 2004, cc. 184, 410; 2006, cc. 787, 892; 2007, c. 318; 2009, c. 318; 2010, c. 452; 2015, c. 712; 2020, cc. 290, 369.)

Editor's note. - Acts 1993, c. 144 amended former § 24.1-23, from which this section is derived. Pursuant to § 30-152 and Acts 1993, c. 641, cl. 6, effect has been given in this section, as set out above. In accordance with c. 144, the amendment added the second paragraph.

Acts 2004, c. 410, cl. 3, provides: "That the provisions of this act affecting uniformed and overseas voters as defined in the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. § 1973ff [now 52 USC § 20301] et seq.) shall be applicable to any Federal Post Card Application received from such voter after November 4, 2003."

The 1999 amendment, effective March 29, 1999, in the first paragraph, added the subsection A designator, substituted "However" for "except that," and inserted "and to the Department of Motor Vehicles and other appropriate state agencies for maintenance of the voter registration system. Further, and notwithstanding any other provision of law, multijurisdictional staffing by general registrars and their staffs shall be allowed for voter registration pilot projects, approved by the State Board, that are located at facilities of the Department of Motor Vehicles," added subsection B, designated the last three paragraphs as subsections C, D and E, and in subsections D and E, inserted "subsection A of."

The 2000 amendments. - The 2000 amendments by c. 512 and 556 are identical, and deleted the last sentence of subsection A, referring to multijurisdictional staffing by general registrars and their staffs for voter registration pilot projects.

The 2001 amendments. - The 2001 amendment by cc. 612 and 626 are identical, and substituted "located in the Commonwealth" for "for his residence" near the end of subsections D and E; and substituted "issued by or under the authority of any court of competent jurisdiction, including but not limited to courts of the Commonwealth of Virginia" for "as described in §§ 16.1-253.1, 16.1-253.4, 16.1-279.1, and 18.2-60.3 " in subsection E.

The 2003 amendments. - The 2003 amendment by c. 1015, in subsection A, inserted present clause (iv), and redesignated former clauses (iv) and (v) as present clauses (v) and (vi), and substituted "that promote" for "which promote" in clause (vi).

The 2004 amendments. - The 2004 amendment by c. 184 deleted "printed precinct" preceding "list furnished" near the beginning in subsection E; and added subsection F.

The 2004 amendment by c. 410, effective April 12, 2004, deleted "printed precinct" preceding "list furnished" near the beginning in subsection E.

The 2006 amendments. - The 2006 amendments by cc. 787 and 892 are identical, and substituted " § 24.2-949.2 " for " § 24.2-908" in clause (iv) of subsection A.

The 2007 amendments. - The 2007 amendment by c. 318 inserted "and to the Chief Election Officers of other states for maintenance of voter registration systems" at the end of subsection A; "or any part thereof" following "number" and "or to the Chief Election Officer of another state permitted to use social security numbers, or any parts thereof, that provides for the use of such numbers on applications for voter registration in accordance with federal law, for maintenance of voter registration systems" in subsection C.

The 2009 amendments. - The 2009 amendment by c. 318, in subsection D, substituted "individual" for "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 paragraphs (A) through (D) of § 8331(20)" and "pursuant to subsection B of § 24.2-418 " for "located in the Commonwealth for use on such lists"; and deleted subsections E and F.

The 2010 amendments. - The 2010 amendment by c. 452, in subsection A, inserted clause (vii) and made a related change; and in subsection C, inserted "a commissioner of the revenue of a treasurer for tax assessment, collection, and enforcement purposes."

The 2015 amendments. - The 2015 amendment by c. 712 substituted "Department of Elections" for "State Board" throughout the section; substituted "shall provide" for "shall furnish" near the beginning of the first sentence of subsection A; and deleted "of this section" preceding "shall contain" in subsection D.

The 2020 amendments. - The 2020 amendments by cc. 290 and 369 are identical, and in subsection A, deleted clause (i) and redesignated remaining clauses accordingly, and added the second sentence in the subsection.

Law review. - For an article, "Governing Through Intermediaries," see 85 Va. L. Rev. 1627 (1999).

For a commentary, "Pluralism With a Corporate Face: A Comment On Issacharoff and Ortiz," see 85 Va. L. Rev. 1671 (1999).

For a commentary, "Political Parties as Donative Intermediaries," see 85 Va. L. Rev. 1683 (1999).

For an article, "Politics By Other Means," see 85 Va. L. Rev. 1697 (1999).

For a commentary, "It's Not Just Talk," see 85 Va. L. Rev. 1725 (1999).

For a commentary, "Market Failures and Failures of Markets," see 85 Va. L. Rev. 1745 (1999).

For an article, "The Issue of Issue Advocacy: An Economic, Political, and Constitutional Analysis," see 85 Va. L. Rev. 1761 (1999).

For a commentary, "Taking Issue With Issue Advocacy," see 85 Va. L. Rev. 1793 (1999).

For a commentary, "On the Issue of Issue Advocacy," see 85 Va. L. Rev. 1803 (1999).

Editor's note. - The cases cited below were decided under a former law corresponding to this section.

§ 24.2-406. Lists of persons voting at elections.

1. The Department of Elections shall furnish, at a reasonable price, lists of persons who voted at any primary, special, or general election held in the four preceding years to (i) candidates for election or political party nomination to further their candidacy, (ii) political party committees or officials thereof for political purposes only, (iii) political action committees that have filed a current statement of organization with the Department of Elections pursuant to § 24.2-949.2 or with the Federal Elections Commission pursuant to federal law, for political purposes only, (iv) incumbent officeholders to report to their constituents, and (v) members of the public or a nonprofit organization seeking to promote voter participation and registration by means of a communication or mailing without intimidation or pressure exerted on the recipient, for that purpose only. Such lists shall be furnished to no one else and shall be used only for campaign and political purposes and for reporting to constituents. Unless such lists are not available due to a pending recount or election contest, the general registrar shall submit the list of persons who voted to the Department of Elections within 14 days after each election. The general registrars of localities using nonelectronic pollbooks shall submit the list of persons who voted to the Department of Elections within seven days after the pollbooks are released from the possession of the clerk of court. The Department of Elections shall make available such lists no later than seven days after receiving them from the general registrar.
2. The Department of Elections shall furnish to the Chief Election Officer of another state, on request and at a reasonable price, lists of persons who voted at any primary, special, or general election held for the four preceding years. Such lists shall be used only for the purpose of maintenance of voter registration systems and shall be transmitted in accordance with security policies approved by the State Board of Elections.
3. In no event shall any list furnished under this section contain the social security number, or any part thereof, of any registered voter, except for a list furnished to the Chief Election Officer of another state permitted to use social security numbers, or any parts thereof, that provides for the use of such numbers on applications for voter registration in accordance with federal law, for maintenance of voter registration systems.
4. Any list furnished under this section shall contain the post office box address in lieu of the residence street address for any individual who has furnished at the time of registration or subsequently, in addition to his street address, a post office box address pursuant to subsection B of § 24.2-418 . (1970, c. 462, § 24.1-23; 1971, Ex. Sess., c. 119; 1972, c. 620; 1973, c. 30; 1974, cc. 369, 428; 1975, c. 515; 1976, c. 616; 1978, c. 778; 1983, c. 348; 1993, cc. 144, 641; 1994, c. 250; 1995, c. 314; 1996, c. 251; 2001, cc. 612, 626; 2003, c. 1015; 2004, cc. 184, 410; 2007, c. 318; 2009, c. 318; 2012, c. 664; 2013, c. 446; 2015, c. 712; 2016, cc. 18, 492.)

Editor's note. - Acts 1993, c. 144 amended former § 24.1-23, from which this section is derived. Pursuant to § 30-152 and Acts 1993, c. 641, cl. 6, effect has been given in this section, as set out above. In accordance with c. 144, the amendment added the second paragraph.

Acts 2004, c. 410, cl. 3, provides: "That the provisions of this act affecting uniformed and overseas voters as defined in the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. § 1973ff [now 52 USC § 20301] et seq.) shall be applicable to any Federal Post Card Application received from such voter after November 4, 2003."

Acts 2015, ch. 712, cl. 1 amended subsection A by, among other things, adding "unless such lists are not available due to a pending recount or election contest" at the end of the third sentence. As that language is a duplication of language already in the sentence, the sentence has been set out without the language at the direction of the Virginia Code Commission.

The 2001 amendments. - The 2001 amendment by cc. 612 and 626 are identical, and substituted "located in the Commonwealth" for "for his residence" near the end of the third and fourth paragraphs, and substituted "issued by or under the authority of any court of competent jurisdiction, including but not limited to courts of the Commonwealth of Virginia" for "as described in §§ 16.1-253.1, 16.1-253.4, 16.1-279.1, and 18.2-60.3 " in the fourth paragraph.

The 2003 amendments. - The 2003 amendment by c. 1015, in the first sentence of the first paragraph, inserted "special" and substituted "four preceding" for "two preceding."

The 2004 amendments. - The 2004 amendment by c. 184 deleted "printed precinct" preceding "list furnished" near the beginning in the fourth paragraph and added the last paragraph.

The 2004 amendment by c. 410, effective April 12, 2004, deleted "printed precinct" preceding "list furnished" near the beginning in the fourth paragraph.

The 2007 amendments. - The 2007 amendment by c. 318 added the A through F designations; added subsection B and inserted "or any part thereof" following "number" and exception at the end of subsection C.

The 2009 amendments. - The 2009 amendment by c. 318, in subsection D, substituted "individual" for "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 paragraphs (A) through (D) of § 8331(20)" and "pursuant to subsection B of § 24.2-418 " for "located in the Commonwealth for use on such lists"; and deleted subsections E and F.

The 2012 amendments. - The 2012 amendment by c. 664 rewrote subsection A, which formerly read: "The State Board shall furnish to candidates, elected officials, or political party chairmen and to no one else, on request and at a reasonable price, lists for their districts of persons who voted at any primary, special, or general election held in the four preceding years. Such lists shall be used only for campaign and political purposes and for reporting to constituents."

The 2013 amendments. - The 2013 amendment by c. 446 added the last two sentences in subsection A.

The 2015 amendments. - The 2015 amendment by c. 712 substituted "Department of Elections" for "State Board" and "State Board of Elections" throughout the section; in subsection A, substituted "14 days" for "60 days," and added the fourth sentence.

The 2016 amendments. - The 2016 amendments by cc. 18 and 492 are identical, and in subsection A, substituted "general registrar" for "electoral board" in the third and last sentences, and substituted "general registrars" for "electoral boards" in the fourth sentence.

Law review. - For annual survey of Virginia law article, "Election Law," see 47 U. Rich. L. Rev. 181 (2012).

§ 24.2-407. Statement for persons receiving lists of persons registered or voting; penalties.

Any person receiving lists pursuant to § 24.2-405 , 24.2-406 , 24.2-706 , or 24.2-710 shall sign the following statement:

"I understand that the lists requested are the property of the State Board of Elections of the Commonwealth of Virginia, and I hereby state or agree, subject to felony penalties for making false statements pursuant to § 24.2-1016 , that (i) I am a person authorized by § 24.2-405 , 24.2-406 , 24.2-706 , or 24.2-710 of the Code of Virginia to receive a copy of the lists described; (ii) the lists will be used only for the purposes prescribed and for no other use; and (iii) I will not permit the use or copying of the lists by persons not authorized by the Code of Virginia to obtain them.

Signature of Purchaser ............................................... ."

(1970, c. 462, § 24.1-23; 1971, Ex. Sess., c. 119; 1972, c. 620; 1973, c. 30; 1974, cc. 369, 428; 1975, c. 515; 1976, c. 616; 1978, c. 778; 1983, c. 348; 1993, c. 641; 2010, c. 812.)

The 2010 amendments. - The 2010 amendment by c. 812 substituted " § 24.2-405 , 24.2-406 , 24.2-706 , or 24.2-710 " for " § 24.2-405 or § 24.2-406 " twice.

§ 24.2-407.1. Prohibition on disclosure of social security numbers or parts thereof.

It shall be unlawful for any person who has obtained, under § 24.2-405 or 24.2-406 or any prior law, a list of persons registered or voting which contained social security numbers, or any parts thereof, to disclose any voter's social security number, or any part thereof, to any other person. Any person maintaining a system containing social security numbers, or any parts thereof, obtained from the Board or the Department of Elections shall delete or destroy the portion of his records containing those numbers, except for a list furnished to a court of the Commonwealth or of the United States for jury selection purposes, a commissioner of the revenue, as defined in § 58.1-3100 , or a treasurer, as defined in § 58.1-3123 , for tax assessment, collection, and enforcement purposes, or the Chief Election Officer of another state, permitted to use social security numbers, or any parts thereof, that provides for the use of such numbers on applications for voter registration in accordance with federal law, for the purpose of matching voter registration lists.

(1994, c. 656; 2007, c. 318; 2010, c. 452; 2015, c. 712.)

The 2007 amendments. - The 2007 amendment by c. 318 deleted the section symbol preceding "24.2-406", inserted "or any parts thereof" following "numbers" in the first sentence and in the second sentence inserted "or any part thereof" following "number" and added the exception at the end of the paragraph.

The 2010 amendments. - The 2010 amendment by c. 452 inserted "a commissioner of the revenue, as defined in § 58.1-3100 , or a treasurer, as defined in § 58.1-3123 , for tax assessment, collection, and enforcement purposes."

The 2015 amendments. - The 2015 amendment by c. 712 inserted "or the Department of Elections" in the second sentence.

§ 24.2-408. State Registrar of Vital Records to transmit monthly lists of decedents to Department of Elections.

The State Registrar of Vital Records shall transmit to the Department of Elections by electronic means a monthly list of all persons of the age of seventeen years or more who shall have died in the Commonwealth subsequent to its previous monthly list. The lists shall be in a format specified by the Department and shall contain the deceased's name; address; county, city, or town of residence; social security number, if any; and date and place of his birth and of his death. The Department shall maintain a permanent record of the information in the lists as part of the voter registration system. The general registrars shall have access to the information in the lists to carry out their duties pursuant to § 24.2-427 . Information in the lists shall be confidential and consistent with the requirements of § 32.1-271 .

(1970, c. 462, § 24.1-25; 1972, c. 620; 1975, c. 515; 1993, c. 641; 1999, c. 117; 2015, c. 740.)

The 1999 amendment, effective April 1, 2000, in the first sentence, substituted "transmit to the State Board by electronic means a monthly list" for "furnish the State Board a monthly report" and substituted "list" for "report" following "previous monthly"; substituted "lists shall be in a format specified by the State Board and" for "reports" in the second sentence; rewrote the former third sentence which read: "The Board shall transmit the information from the reports to the appropriate general registrars," and added the last sentence.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department of Elections" for "State Board" in the first sentence, "Department" for "State Board" in the second sentence and "Department" for "Board" in the third sentence.

§ 24.2-409. Central Criminal Records Exchange to transmit lists of felony convictions to Department of Elections.

The Central Criminal Records Exchange shall transmit to the Department of Elections by electronic means (i) a monthly list of all persons convicted of a felony during the preceding month and (ii) an annual list of all persons who have been convicted of a felony, regardless of when the conviction occurred. The list shall be in a format mutually agreed upon by the Commissioner of Elections and the Department of State Police and shall contain the convicted person's name; address; county, city, or town of residence; social security number, if any; date and place of birth; and date of conviction. The Department shall maintain a permanent record of the information in the lists as part of the voter registration system. Upon receipt of the monthly list, the Department shall compare, on a monthly basis, the contents of the list to the list of all registered voters maintained on the voter registration system and shall notify the appropriate general registrar of the felony conviction of any registered voter. Upon receipt of the annual list, the Department shall compare the contents of the list to the list of all registered voters maintained on the voter registration system and shall notify the appropriate general registrar of the felony conviction of any registered voter. The general registrars shall have access to the information in the lists to carry out their duties pursuant to § 24.2-427 .

(1970, c. 462, § 24.1-26; 1972, c. 620; 1975, c. 515; 1993, c. 641; 1999, c. 117; 2013, c. 491; 2015, c. 740.)

The 1999 amendment, effective April 1, 2000, substituted "transmit to the State Board by electronic means a monthly" for "furnish monthly to the State Board a complete" in the first sentence, inserted "shall be in a format specified by the State Board and" in the second sentence, rewrote the third sentence which formerly read: "The Board shall transmit the information from the list to the appropriate general registrars," and added the last sentence.

The 2013 amendments. - The 2013 amendment by c. 491, in the first sentence, deleted "Division of" following "The" at the beginning, inserted the clause (i) designator and clause (ii); in the second sentence, substituted "mutually agreed upon" for "specified" and inserted "and the Department of State Police," and added the fourth and fifth sentences.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department" for "Board" throughout the section, "Department of Elections" for "State Board" in the first sentence, and "Commissioner of Elections" for "State Board" in the second sentence.

Law review. - For annual survey article, "Election Law and Government," see 46 U. Rich. L. Rev. 119 (2011).

§ 24.2-409.1. Department of Elections to transmit information pertaining to persons convicted of a felony in federal court.

Upon receipt of a notice of a felony conviction sent by a United States attorney pursuant to the National Voter Registration Act (52 U.S.C. § 20501 et seq.), the Department shall notify the appropriate general registrar of the conviction.

(1996, cc. 72, 73; 2015, c. 740.)

Editor's note. - At the direction of the Virginia Code Commission, "52 U.S.C. § 20501 et seq." was substituted for "42 U.S.C. § 1973gg et seq." to conform to the editorial reclassification of Title 52, U.S.C., effective September 1, 2014.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department" for "State Board."

§ 24.2-410. Clerks of circuit courts to furnish lists of certain adjudications.

The clerk of each circuit court shall furnish monthly to the Department of Elections a complete list of all persons adjudicated incapacitated pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 or whose incapacity has been recognized pursuant to § 64.2-2115 , and therefore "mentally incompetent" for purposes of this title unless the court order specifically provides otherwise, during the preceding month or a statement that no adjudications have occurred that month. The list shall contain each such person's name; address; county, city, or town of residence; social security number, if any; date and place of birth; and date of adjudication. The Commissioner of Elections and the Executive Secretary shall determine the procedure for furnishing such lists, which may be by electronic means. The Department shall transmit the information from the list to the appropriate general registrars.

(1976, c. 616, § 24.1-26.1; 1993, c. 641; 1998, c. 582; 2011, c. 518; 2015, c. 740.)

Cross references. - As to indexing of findings of incapacity or restoration by clerk, see § 64.2-2014 .

Editor's note. - At the direction of the Virginia Code Commission, the references to "Chapter 10 ( § 37.2-1000 et seq.) of Title 37.2" and " § 37.2-1047," respectively, were changed to "Chapter 20 ( § 64.2-2000 et seq.) of Title 64.2" and " § 64.2-2115 ," respectively, to conform to the recodification of Title 64.1 and Chapter 10 of Title 37.2 by Acts 2012, c. 614, effective October 1, 2012.

The 2011 amendments. - The 2011 amendment by c. 518 inserted "or whose incapacity has been recognized pursuant to § 37.2-1047" in the first sentence.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department of Elections" for "State Board" in the first sentence, added the third sentence, and substituted "Department" for "Board" in the fourth sentence.

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

1. The Department of Motor Vehicles shall include on the application for any document, or renewal thereof, issued pursuant to the provisions of Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 a statement asking the applicant if he is a United States citizen. 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. 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 any document, 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.
2. 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 any document, or renewal thereof, issued pursuant to the provisions of Chapter 3 (§ 46.2-300 et seq.) of Title 46.2. (2006, cc. 926, 940; 2015, c. 740; 2020, cc. 908, 909, 1227, 1246.)

Cross references. - As to electronic transfer of information in Department of Motor Vehicles records for voter registration purposes, see § 46.2-208.1 .

Editor's note. - Acts 2006, cc. 926 and 940, cls. 2, provide: "That the provisions of this act shall become effective on January 1, 2007."

Acts 2020, cc. 1227 and 1246, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2021."

Acts 2020, cc. 1227 and 1246, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

The 2015 amendments. - The 2015 amendment by c. 740 added "of Motor Vehicles" following "Department" in the second sentence of subsection A and in the first sentences of subsections B and C; and substituted "Department of Elections" for "State Board" and "Board" throughout subsection B.

The 2020 amendments. - The 2020 amendments by cc. 908 and 909 are identical, and in subsection A in the first paragraph, substituted "Title 46.2 a statement asking the applicant if he is a United States citizen" for "Title 46.2, as a predicate to offering a voter registration application pursuant to § 24.2-411.1 , a statement asking the applicant if he is a United States citizen. If the applicant indicates a noncitizen status, the Department of Motor Vehicles shall not offer that applicant the opportunity to apply for voter registration. 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"; in the second paragraph, substituted "The" for "Additionally, the" in the first sentence; redesignated subsection B as the second paragraph of subsection A and redesignated subsection C as subsection B.

The 2020 amendments by cc. 1227 and 1246, effective January 1, 2021, are identical, and substituted "any document" for "a driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, special identification card" in the first sentence of subsections A and B, and in subsection C.

§ 24.2-410.2. Security of the Virginia voter registration system.

1. The State Board shall promulgate regulations and standards necessary to ensure the security and integrity of the Virginia voter registration system and the supporting technologies utilized by the counties and cities to maintain and record registrant information. The State Board shall, in consultation with representatives of local government information technology professionals and general registrars, update the security standards at least annually. Such review shall be completed by November 30 each year.
2. The electoral board of each county and city that utilizes supporting technologies to maintain and record registrant information shall develop and annually update written plans and procedures to ensure the security and integrity of those supporting technologies. All plans and procedures shall be in compliance with the security standards established by the State Board pursuant to subsection A. Each electoral board shall report annually by March 1 to the Department of Elections on its security plans and procedures. The general registrar and the Department of Elections shall provide assistance to the electoral board, upon request by the electoral board.
3. In accordance with the process prescribed by the State Board, the Department of Elections may limit access to the Virginia voter registration system by any county or city that has failed to comply with the provisions of subsection B or the security standards established by the State Board pursuant to subsection A. Such access shall be limited as necessary in order to address and resolve any security risks or to enforce compliance with the provisions of subsection B or the security standards established by the State Board. Prior to restricting access to Virginia voter registration system by any county or city, the Department of Elections shall provide notice to the county or city of the failure to comply with the provisions of subsection A or B and the county or city shall have seven days to correct any deficiencies. The Department of Elections may provide technical assistance to any county or city upon request by the county or city.
4. Records of the State Board or of a local electoral board, to the extent such records describe protocols for maintaining the security of the Virginia voter registration system and the supporting technologies utilized to maintain and record registrant information, the release of which would compromise the security of the Virginia voter registration system, shall be confidential and excluded from inspection and copying under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
5. The State Board or a local electoral board may hold a closed meeting pursuant to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) for the purpose of discussing protocols for maintaining the security of the Virginia voter registration system and the supporting technologies utilized to maintain and record registrant information, where discussion of such matters in open meeting would compromise the security of the Virginia voter registration system. Nothing in this subsection shall be construed to authorize a closed meeting to discuss any breach of security of the Virginia voter registration system.
6. Nothing in this section shall be construed to prohibit the release of information concerning any breach of security of the Virginia voter registration system.

   (2019, c. 426.)

Editor's note. - Acts 2019, c. 426, cl. 2 provides: "That the State Board of Elections shall convene a work group prior to adopting standards prescribed by § 24.2-410.2 of the Code of Virginia, as created by this act. Such work group shall consist of representatives from counties and cities, selected in consultation with the Virginia Association of Counties, the Virginia Municipal League, and the Virginia Association of Local Government Information Technology Executives. The representatives selected shall include representatives from both rural and urban localities and localities of varying population sizes. At least one staff member of the Joint Legislative Audit and Review Commission, designated by the Director of the Joint Legislative Audit and Review Commission, shall also serve on this work group. Such work group shall review proposed standards and develop general cost estimates for implementation of such security standards pursuant to this act."

Acts 2019, c. 426, cl. 3 provides: "That the Department of Elections shall establish a standing advisory group of local government information technology professionals and general registrars to provide assistance to the State Board of Elections and consult on emerging security concerns and updates to annual security standards pursuant to subsection A of § 24.2-410.2 of the Code of Virginia, as created by this act."

§ 24.2-411. Office of the general registrar.

1. Each local governing body shall furnish the general registrar with a clearly marked and suitable office which shall be the principal office for voter registration. The office shall be owned or leased by the city or county, or by the state for the location of Department of Motor Vehicles facilities, adequately furnished, and located within the city or within the county or a city in which the county courthouse is located. The governing body shall provide property damage liability and bodily injury liability coverage for the office and shall furnish the general registrar with necessary postage, stationery, equipment, and office supplies. The telephone number shall be listed in the local telephone directory separately or under the local governmental listing under the designation "Voter Registration."

   No private business enterprise shall be conducted in the general registrar's office.

2. The general registrar's office in all counties and cities shall be open a minimum of five days each week, except as provided in subsection C.

   Additional hours, if any, that the general registrar's office is open for voter registration may be determined and set by the general registrar or the electoral board.

3. The general registrar may close the office of the general registrar (i) for off-site training purposes for no more than four consecutive or cumulative days each year, provided that notice of the closure is posted on the official website of the county or city and in no fewer than two public places at least 72 hours before such closure, and (ii) quarterly to provide training in the office for a period not to exceed four hours without providing notice. However, no closure permitted by clause (i) or clause (ii) shall occur (a) within the seven days immediately preceding and immediately following an election, (b) during the period for absentee voting required by subsection A of § 24.2-701 , (c) on the final registration day pursuant to § 24.2-414 , or (d) on a deadline specified in the Campaign Finance Disclosure Act of 2006 (§ 24.2-945 et seq.). (Code 1950, §§ 24-52, 24-52.1, 24-55, 24-59 through 24-61, 24-65, 24-66, 24-71 through 24-76, 24-90, 24-93, 24-94, 24-101, 24-111, 24-118.1; 1954, c. 691; 1958, c. 576; 1962, cc. 422, 475, 536; 1963, Ex. Sess., c. 2; 1964, c. 608; 1968, cc. 97, 141; 1970, c. 462, §§ 24.1-43, 24.1-46, 24.1-49; 1972, c. 620; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1976, cc. 12, 616; 1978, c. 778; 1979, c. 329; 1980, c. 639; 1981, c. 425; 1982, cc. 290, 650; 1983, cc. 398, 511; 1984, c. 480; 1985, cc. 197, 530; 1986, c. 558; 1988, cc. 305, 528; 1989, c. 743; 1991, cc. 42, 136; 1993, c. 641; 1997, cc. 650, 666; 2000, cc. 512, 556; 2015, c. 740; 2016, c. 13; 2018, c. 539.)

The 2000 amendments. - The 2000 amendments by cc. 512 and 556 are identical, and inserted "or by the state for the location of Department of Motor Vehicles facilities," in the second sentence of the first undesignated paragraph.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Commissioner of Elections" for "State Board" at the end of the third paragraph.

The 2016 amendments. - The 2016 amendment by c. 13 added the last paragraph.

The 2018 amendments. - The 2018 amendment by c. 539 redesignated the former provisions as subsections A through C and rewrote the first paragraph of subsection B, which formerly read "The general registrar's office in counties with a population under 10,000 and in cities with a population under 7,500 shall be open a minimum of three days each week and additional days as required by the general appropriation act. The general registrar's office in all other counties and cities shall be open a minimum of five days each week. The specific days of normal service each week for general registrars shall be determined by the Commissioner of Elections."

OPINIONS OF THE ATTORNEY GENERAL

Electronic signatures. - Although no law requires the acceptance of mailed voter registration applications with electronic signatures, the State Board of Elections is not precluded from directing that general registrars accept such applications, and the State Board, in its discretion, may do so. The State Board also has discretionary authority to establish criteria to preserve the security of confidential voter information and to ensure the authenticity and validity of electronic signatures. See opinion of Attorney General to Messrs. James M. Hinshaw, Daniel H. Haworth, W. Donald Brown, City of Norfolk Electoral Board, 13-111, 2014 Va. AG LEXIS 47 (9/26/14).

§ 24.2-411.1.

Repealed by Acts 2020, cc. 908 and 909, cl. 2.

Cross references. - For current provisions as to voter registration of Department of Motor Vehicles customers, see § 24.2-411.3 .

Editor's note. - Former § 24.2-411.1 , pertaining to registering to vote at offices of the Department of Motor Vehicles, derived from Acts 1996, cc. 72, 73; 2007, c. 318; 2012, c. 662; 2013, c. 725; 2015, c. 740.

Acts 2020, cc. 1064 and 1065, also amended § 24.2-411.1 by striking subsection D.

Acts 2020, cc. 1227 and 1246, also amended portions of former § 24.2-411.1 that were transferred to newly enacted § 24.2-411.3 by Acts 2020, cc. 908 and 909. Some of the amendments by cc. 1227 and 1246 have been given effect in § 24.2-411.3 at the direction of the Virginia Code Commission.

§ 24.2-411.2. State-designated voter registration agencies.

1. The following agencies are designated as voter registration agencies in compliance with the National Voter Registration Act (52 U.S.C. § 20501 et seq.) and shall provide voter registration opportunities at their state, regional, or local offices, depending upon the point of service:
   1. Agencies whose primary function is to provide public assistance, including agencies that provide benefits under the Temporary Assistance for Needy Families program; Special Supplemental Food Program for Women, Infants, and Children; Medicaid program; or Food Stamps program;
   2. Agencies whose primary function is to provide state-funded programs primarily engaged in providing services to persons with disabilities;
   3. Armed Forces recruitment offices; and
   4. The regional offices of the Department of Wildlife Resources and the offices of the Virginia Employment Commission in the Northern Virginia Planning District 8.
2. The Commissioner of Elections, with the assistance of the Office of the Attorney General, shall compile and maintain a list of the specific agencies covered by subdivisions A 1 and A 2 that, in the legal opinion of the Attorney General, must be designated to meet the requirements of the National Voter Registration Act. The Commissioner of Elections shall notify each agency of its designation and thereafter notify any agency added to or deleted from the list.
3. At each voter registration agency, the following services shall be made available on the premises of the agency:
   1. Distribution of mail voter registration forms provided by the Department of Elections;
   2. Assistance to applicants in completing voter registration application forms, unless the applicant refuses assistance; and
   3. Receipt of completed voter registration application forms.
4. A voter registration agency, which provides service or assistance in conducting voter registration, shall make the following services available on the premises of the agency:
   1. Distribution with each application for its service or assistance, or upon admission to a facility or program, and with each recertification, readmission, renewal, or change of address form, of a voter registration application prescribed by the Department of Elections that complies with the requirements of the National Voter Registration Act (52 U.S.C. § 20501 et seq.).
   2. Provision, as part of the voter registration process, of a form that includes:
      1. The question: "If you are not registered to vote where you live now, would you like to apply to register to vote here today?"
      2. If the agency provides public assistance, the statement: "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency."
      3. Boxes for the applicant to check to indicate whether the applicant would like to register, declines to register to vote, or is already registered (failure to check any box being deemed to constitute a declination to register for purposes of subdivision 2 a), together with the statement (in close proximity to the boxes and in prominent type): "IF YOU DO NOT CHECK ANY BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME."
      4. The statement: "If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek help or accept help is yours. You may fill out the application form in private."
      5. The statement: "If you believe that someone has interfered with your right to register or to decline to register to vote, or your right to privacy in deciding whether to register or in applying to register to vote, you may file a complaint with the Department of Elections." The statement shall include the address and telephone number of the Department.
      6. The following statement accompanying the form which features prominently in boldface capital letters: "WARNING: INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT ON THIS FORM CONSTITUTES THE CRIME OF ELECTION FRAUD, WHICH IS PUNISHABLE UNDER VIRGINIA LAW AS A FELONY. VIOLATORS MAY BE SENTENCED TO UP TO 10 YEARS IN PRISON, OR UP TO 12 MONTHS IN JAIL AND/OR FINED UP TO $2,500."
   3. Provision to each applicant who does not decline to register to vote of the same degree of assistance with regard to the completion of the voter registration application as is provided by the office with regard to the completion of its own applications, unless the applicant refuses assistance.
5. If a voter registration agency designated under subsection A of this section provides services to a person with a disability at the person's home, the agency shall provide the voter registration services as provided for in this section.
6. A person who provides services at a designated voter registration agency shall not:
   1. Seek to influence an applicant's political preference;
   2. Display any material indicating the person's political preference or party allegiance;
   3. Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits; or
   4. Disclose, except as authorized by law for official use, the social security number, or any part thereof, of any applicant for voter registration. Any person who is aggrieved by a violation of this subsection may provide written notice of the violation to the Department. The Department shall be authorized to cooperate with the agency to resolve the alleged violation. Nothing contained in this subsection shall prohibit an aggrieved person from filing a complaint in accordance with § 24.2-1019 against a person who commits any election law offense enumerated in §§ 24.2-1000 through 24.2-1016 .
7. A completed voter registration application shall be transmitted as directed by the Department not later than five business days after the date of receipt.
8. Each state-designated voter registration agency shall maintain such statistical records on the number of applications to register to vote as requested by the Department.

   (1996, cc. 72, 73; 2002, c. 747; 2007, c. 318; 2013, c. 542; 2015, c. 740; 2020, c. 958.)

Editor's note. - At the direction of the Virginia Code Commission, "52 U.S.C. § 20501 et seq." was substituted for "42 U.S.C. § 1973gg et seq." to conform to the editorial reclassification of Title 52, U.S.C., effective September 1, 2014.

The 2002 amendments. - The 2002 amendment by c. 747, effective October 1, 2002, substituted "Temporary Assistance for Needy Families" for "Aid to Families with Dependent Children" in subdivision A 1; substituted "that" for "which" preceding "in the legal opinion" in subsection B; and deleted "of this subsection" following "subdivision 2 a" in subdivision D 2 c.

The 2007 amendments. - The 2007 amendment by c. 318, in subdivision F 4, inserted "or any part thereof" following "number."

The 2013 amendments. - The 2013 amendment by c. 542, effective July 1, 2014, substituted "Commissioner" for "Secretary of the State Board" in the first and second sentences in subsection B.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department" for "State Board" in subdivisions C 1, D 1 and throughout subdivision D 2 e, for "Board" in the second sentence of the second paragraph of subdivision F 4, and for "State Board of Elections" in the first sentence of the second paragraph of subdivision F 4 and in subsections G and H.

The 2020 amendments. - The 2020 amendment by c. 958 substituted "Department of Wildlife Resources" for "Department of Game and Inland Fisheries" in subdivision A 4.

§ 24.2-411.3. (Effective until January 1, 2022) Registration of Department of Motor Vehicles customers.

1. Each person coming into an office of 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  (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 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, 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.
2. 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.
3. 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.
4. 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.

      (2020, cc. 908, 909, 1227, 1246.)

Section set out twice. - The section above is effective until January 1, 2022. For the version of this section effective January 1, 2022, see the following section, also numbered § 24.2-411.3 .

Editor's note. - Acts 2020, cc. 908 and 909 repealed former § 24.2-411.1 and transferred parts of that section to this section. At the direction of the Virginia Code Commission, some of the amendments to former § 24.2-411.1 by Acts 2020, cc. 1227 and 1246, effective January 1, 2021, have been given effect in this section by substituting "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" for "license; (ii) apply for, replace, or renew a special identification card; or (iii)" and "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 " for "special identification card" in subsection A.

Acts 2020, cc. 1227 and 1246, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2021."

Acts 2020, cc. 1227 and 1246, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

§ 24.2-411.3. (Effective January 1, 2022) Registration of Department of Motor Vehicles customers.

1. Each person coming into an office of 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 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, 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.
2. 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.
3. 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.
4. 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.

      (2020, cc. 908, 909, 1227, 1246; 2021, Sp. Sess. I, c. 544.)

Section set out twice. - The section above is effective January 1, 2022. For the version of this section effective until January 1, 2022, see the preceding section, also numbered § 24.2-411.3 .

Editor's note. - Acts 2020, cc. 908 and 909 repealed former § 24.2-411.1 and transferred parts of that section to this section. At the direction of the Virginia Code Commission, some of the amendments to former § 24.2-411.1 by Acts 2020, cc. 1227 and 1246, effective January 1, 2021, have been given effect in this section by substituting "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" for "license; (ii) apply for, replace, or renew a special identification card; or (iii)" and "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 " for "special identification card" in subsection A.

Acts 2020, cc. 1227 and 1246, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2021."

Acts 2020, cc. 1227 and 1246, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

Acts 2021, Sp. Sess. I, c. 544, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2022."

Acts 2021, Sp. Sess. I, c. 544, cl. 3 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 544, effective January 1, 2022, in subsection A in the first paragraph, inserted "or identification privilege cards issued pursuant to § 46.2-345.3 " twice.

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

1. In addition to voter registration locations provided for in §§ 24.2-411 , 24.2-411.2 , and 24.2-411.3 , 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. Assistant registrars should serve during such hours and at such places. The conduct of voter registration by the general registrar or an assistant registrar in public places at preannounced hours shall not be deemed solicitation of registration.
2. 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 assistant 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 assistant 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.

3. 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.

   (Code 1950, §§ 24-74 through 24-76, 24-78; 1963, Ex. Sess., c. 2; 1970, c. 462, § 24.1-49; 1975, c. 515; 1976, c. 616; 1984, c. 480; 1985, c. 530; 1986, c. 248, § 24.1-45.2; 1987, c. 478; 1988, c. 305; 1989, c. 743; 1991, cc. 42, 136; 1993, c. 641; 1996, cc. 72, 73; 1997, cc. 523, 539; 2020, cc. 858, 908, 909.)

The 2020 amendments. - The 2020 amendment by c. 858 added the last sentence of subsection C.

The 2020 amendments by cc. 908 and 909 are identical, and in subsection A, substituted "24.2-411.2, and 24.2-411.3 " for "24.2-411.1, and 24.2-411.2 " in the first sentence and made stylistic changes.

§ 24.2-413. Accessible registration locations.

The office of the general registrar, and each agency, business, and establishment set for registration pursuant to §§ 24.2-411.2 and 24.2-411.3 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.

(Code 1950, §§ 24-52, 24-52.1, 24-55, 24-61, 24-65, 24-66, 24-118.1; 1954, c. 691; 1962, c. 475; 1964, c. 608; 1968, cc. 97, 141; 1970, c. 462, § 24.1-43; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1976, c. 12; 1978, c. 778; 1981, c. 425; 1982, c. 290; 1983, c. 511; 1984, c. 480; 1985, c. 197; 1986, c. 558; 1988, c. 528; 1993, c. 641; 1996, cc. 72, 73; 2015, c. 740; 2020, cc. 908, 909.)

Editor's note. - At the direction of the Virginia Code Commission, "52 U.S.C. § 20101 et seq." was substituted for "42 U.S.C. § 1973ee et seq." to conform to the editorial reclassification of Title 52, U.S.C., effective September 1, 2014.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department" for "State Board" in the second sentence of the first paragraph.

The 2020 amendments. - The 2020 amendments by cc. 908 and 909 are identical, and substituted "24.2-411.2 and 24.2-411.3 " for "24.2-411.1, 24.2-411.2 " in the first paragraph.

§ 24.2-414. Final registration day.

Each general registrar shall hold a final day of registration on the day before the registration records close under § 24.2-416 for every election held in his jurisdiction. On the final day of registration, the principal office of the general registrar shall be open a minimum of eight hours. The registrar shall make a list by name of any persons in line at the time of closing and shall permit those persons to complete an application to register or to make any necessary changes to their registration records.

(Code 1950, §§ 24-74 through 24-76, 24-78; 1963, Ex. Sess., c. 2; 1970, c. 462, § 24.1-49; 1975, c. 515; 1976, c. 616; 1984, c. 480; 1985, c. 530; 1988, c. 305; 1989, c. 743; 1991, cc. 42, 136; 1993, cc. 545, 619, 641; 2001, cc. 613, 632; 2008, c. 424.)

Editor's note. - Acts 1993, cc. 545 and 619 amended former § 24.1-49, from which this section is derived. Pursuant to § 30-152 and Acts 1993, c. 641, cl. 6, effect has been given in this section, as set out above. In accordance with cc. 545 and 619, the amendments substituted "twenty-nine" for "thirty-one" in the first sentence.

The 2001 amendments. - The 2001 amendment by cc. 613 and 632 are identical, and deleted "and shall be closed no later than 5:00 p.m." following "eight hours" in the second sentence.

The 2008 amendments. - The 2008 amendment by c. 424 rewrote the first sentence, which formerly read: "Each general registrar shall, twenty-nine days before the day fixed by law for every primary election and every general election that will be held in his jurisdiction, hold a final day of registration for the election."

§ 24.2-414.1. Closing time of registration sites on final day.

The principal office of the registrar shall close for voter registration purposes at 5:00 p.m. on the final day of registration.

(2013, c. 680.)

§ 24.2-415. Notice of times and locations for registration.

1. The general registrar shall give notice of the date, hours, and locations for registration on the final day of registration at least 10 days before each final day. The notice for the final day shall be posted  on the official website of the county or city, if applicable, and published at least once in a newspaper of general circulation in the county or city.

   At least three days' advance notice shall be given for other times and locations for voter registration. This notice shall be posted on the official website of the county or city, if applicable, and published at least once in a newspaper of general circulation in the county or city, or announced at least twice on a television station serving the county or city.

2. Notice shall not be required for (i) the regular office hours for the general registrar's office or any other office normally staffed by one or more registrars, (ii) any office or location offering voter registration services or forms in the normal course of its daily business, or (iii) any other location at which mail applications are offered under Article 3.1 (§ 24.2-416.1 et seq.) of this chapter but no registrar, nor any person authorized to receive voter registration applications pursuant to § 24.2-415.1 , is present. (Code 1950, §§ 24-74 through 24-76, 24-78; 1963, Ex. Sess., c. 2; 1970, c. 462, § 24.1-49; 1975, c. 515; 1976, c. 616; 1984, c. 480; 1985, c. 530; 1988, c. 305; 1989, c. 743; 1991, cc. 42, 136; 1993, c. 641; 2003, c. 969; 2012, cc. 328, 486.)

Cross references. - For constitutional provision requiring General Assembly to establish a uniform system for permanent registration of voters, see Va. Const., Art. II, § 4.

The 2003 amendments. - The 2003 amendment by c. 969 rewrote the section.

The 2012 amendments. - The 2012 amendments by cc. 328 and 486 are identical, and in subsection A, substituted "shall be posted on the official website of the county or city, if applicable, and published" for "shall be posted at the courthouse and published" in the second sentence of the first paragraph, and substituted "shall be posted on the official website of the county or city, if applicable, and published" for "shall be either published" and deleted "published on an official website for the county or city" preceding "or announced at least twice."

Law review. - For annual survey of Virginia law article, "Election Law," see 47 U. Rich. L. Rev. 181 (2012).

§ 24.2-415.1. Persons authorized to receive voter registration applications.

1. Any designated employee of a state-designated voter registration agency or Armed Forces recruitment office shall be authorized to receive a voter registration application when hand delivered by the applicant during the hours that the office is open.
2. The registration date for a valid voter registration application that has been hand delivered is the date when received by any general registrar or any person authorized to receive voter registration applications pursuant to subsection A.

   (1996, cc. 72, 73; 2020, cc. 908, 909.)

The 2020 amendments. - The 2020 amendments by cc. 908 and 909 are identical, and in subsection A, substituted "a state-designated" for "an office of the Department of Motor Vehicles, state-designated" and in subsection B, deleted "of this section" at the end.

§ 24.2-416. Closing registration records before elections.

1. In any county, city, or town in which an election is being held, the registration records shall be closed for the purpose of registering voters on the election day and during the period in advance of the election as provided in this section. The registration records shall be closed during the 21 days before a primary or general election. If the registration records have not been closed previously for a primary or general election, they shall be closed during the six days before a special election called by the Governor, Speaker of the House of Delegates, or President pro tempore of the Senate, or pursuant to rule or resolution of either house of the General Assembly and during the 13 days before any other special election.
2. In the event that a failure of the Virginia online voter registration system occurs prior to the close of registration records pursuant to this section, the Governor shall have the authority to order the online voter registration system to be available for registration activities after the date for closing the registration records for a period of time equal to the amount of time during which the online voter registration system was unavailable for registration activities, rounded up to the nearest whole day, plus an additional day to allow for voter education efforts. During this period, persons shall be permitted to register in person and mail voter registration applications shall be accepted.

   (Code 1950, §§ 24-82, 24-83.1; 1962, c. 536; 1970, c. 462, § 24.1-50; 1973, c. 30; 1975, c. 515; 1993, c. 641; 2008, c. 424; 2021, Sp. Sess. I, c. 159.)

Cross references. - As to extended time for certain persons to register by mail, see § 24.2-419 .

The 2008 amendments. - The 2008 amendment by c. 424 inserted the third sentence.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 159, effective July 1, 2021, added the subsection A designation and added subsection B; in subsection A, deleted the former second sentence, which read "The registration records shall be closed during the twenty-eight days before a primary or general election," and delete "Beginning January 1, 2010," at the beginning of the second sentence; and made stylistic changes.

Law review. - For article, "Resolving Election Error: The Dynamic Assessment of Materiality," see 54 Wm. & Mary L. Rev. 83 (2012).

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, § 21.

§ 24.2-416.1. Voter registration by mail.

A person may apply to register to vote by mail by completing and returning a mail voter registration application form in the manner and time provided by law.

(1996, cc. 72, 73; 2003, c. 1015; 2020, cc. 718, 1149, 1151, 1201; 2021, Sp. Sess. I, c. 471.)

Editor's note. - At the direction of the Virginia Code Commission, "52 U.S.C. § 20302 et seq." was substituted for "42 U.S.C. § 1973ff-1 et seq." and "52 U.S.C. § 20102(b)(2)(B)(ii)" was substituted for "42 U.S.C. § 1973ee-1(b)(2)(B)(ii)" to conform to the editorial reclassification of Title 52, U.S.C., effective September 1, 2014.

At the direction of the Virginia Code Commission, "institution of higher education" was substituted for "institution of higher learning" in subsection B to conform to Acts 2016, c. 588.

The 2003 amendments. - The 2003 amendment by c. 1015, rewrote subsection B, which formerly read: "Any person, who registers to vote by mail pursuant to this article and who has not previously voted in the county or city in which he registers to vote, shall be required to vote in person. However, this requirement to vote in person shall not apply to a person who (i) is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. § 1973ff-1 et seq.); (ii) is provided the right to vote otherwise than in person under § 3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. § 1973ee-1 (b) (2) (B) (ii)); (iii) is entitled to vote otherwise than in person under other federal law; or (iv) is a full-time student in an institution of higher learning."

The 2020 amendments. - The 2020 amendment by c. 718, in the last sentence, inserted a new clause (iii) and renumbered former clauses (iii) through (v) as clauses (iv) through (vi).

The 2020 amendments by cc. 1149, 1151, and 1201 are identical, and deleted "who is otherwise qualified to vote absentee under § 24.2-700 " at the end of clause (ii) of subsection B.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 471, effective July 1, 2021, deleted the subsection A designation; and deleted subsection B, which read "B. Any person, who applies to register to vote by mail pursuant to this article and who has not previously voted in the county or city in which he registers to vote, shall be required to vote in person, either at the polls on election day or in-person absentee. However, this requirement to vote in person shall not apply to a person so long as he (i) is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. § 20302 et seq.); (ii) is provided the right to vote otherwise than in person under § 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. § 20102(b)(2)(B)(ii)), including any disabled voter and any voter age 65 or older; (iii) is entitled to vote by absentee ballot by reason of his confinement while awaiting trial or for having been convicted of a misdemeanor; (iv) is entitled to vote otherwise than in person under other federal law; (v) is a full-time student in an institution of higher education; or (vi) requests to vote an absentee ballot by mail for presidential and vice-presidential elections only, for any reason, as entitled by federal law."

OPINIONS OF THE ATTORNEY GENERAL

Electronic signatures. - Although no law requires the acceptance of mailed voter registration applications with electronic signatures, the State Board of Elections is not precluded from directing that general registrars accept such applications, and the State Board, in its discretion, may do so. The State Board also has discretionary authority to establish criteria to preserve the security of confidential voter information and to ensure the authenticity and validity of electronic signatures. See opinion of Attorney General to Messrs. James M. Hinshaw, Daniel H. Haworth, W. Donald Brown, City of Norfolk Electoral Board, 13-111, 2014 Va. AG LEXIS 47 (9/26/14).

§ 24.2-416.2. Mail voter registration application forms.

Notwithstanding the provisions of §§ 24.2-418 and 24.2-418.1 , the national mail voter registration application form promulgated by the Election Assistance Commission pursuant to the National Voter Registration Act (52 U.S.C. § 20501 et seq.) shall be accepted for the registration of otherwise qualified voters to vote in federal, state, and local elections. In addition to the national form promulgated by the Election Assistance Commission, the State Board of Elections shall design and distribute a state mail voter registration application form. Such state form shall include the eligibility requirements for registration as provided in this title, shall provide for a receipt for the applicant pursuant to § 24.2-418.1 , and shall require each applicant to provide the information required subject to felony penalties for making false statements pursuant to § 24.2-1016 .

Each state form shall be accompanied by the following statement featured prominently in boldface capital letters: "WARNING: INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT ON THIS FORM CONSTITUTES THE CRIME OF ELECTION FRAUD, WHICH IS PUNISHABLE UNDER VIRGINIA LAW AS A FELONY. VIOLATORS MAY BE SENTENCED TO UP TO 10 YEARS IN PRISON, OR UP TO 12 MONTHS IN JAIL AND/OR FINED UP TO $2,500."

(1996, cc. 72, 73; 2008, c. 865; 2015, c. 740.)

Editor's note. - Acts 2008, c. 865, cl. 2 provides: "That applications printed prior to the effective date of this act may be used until supplies are exhausted."

At the direction of the Virginia Code Commission, "52 U.S.C. § 20501 et seq." was substituted for "42 U.S.C. § 1973gg et seq." to conform to the editorial reclassification of Title 52, U.S.C., effective September 1, 2014.

The 2008 amendments. - The 2008 amendment by c. 865, in the first paragraph, substituted " §§ 24.2-418 and 24.2-418.1 " for " § 24.2-418 " in the first sentence and inserted "shall provide for a receipt for the applicant pursuant to § 24.2-418.1 " in the last sentence.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Election Assistance Commission" for "Federal Election Commission" wherever it appears.

§ 24.2-416.3. Distribution of mail voter registration application forms.

1. Subject to the conditions set forth in § 24.2-416.6 , the Department of Elections shall make available to any individual or group a reasonable number of mail voter registration application forms.
2. The Department shall provide a reasonable number of mail voter registration application forms to each agent of the Department of Wildlife Resources authorized to sell hunting or fishing licenses in Virginia. The Department of Wildlife Resources shall assist the Department by providing a list of its agents appointed to sell hunting and fishing licenses in Virginia and by instructing its agents to make the mail voter registration application forms available to persons purchasing hunting or fishing licenses.
3. The Department shall provide a reasonable number of mail voter registration application forms to (i) each public institution of higher education, as that term is defined in § 23.1-100 ; (ii) each nonprofit private institution of higher education, as that term is defined in § 23.1-100 , that is eligible to participate in the Tuition Assistance Grant Program pursuant to Article 5 (§ 23.1-628 et seq.) of Chapter 6 of Title 23.1; and (iii) any other entity authorized to issue bonds pursuant to Chapter 11 (§ 23.1-1100 et seq.) of Title 23.1. The State Council of Higher Education for Virginia shall assist the Department by providing a list of such institutions and by requesting those institutions to make the mail voter registration application forms available to students. (1996, cc. 72, 73; 2011, cc. 197, 225; 2013, c. 465; 2015, c. 740; 2020, cc. 921, 958.)

The 2011 amendments. - The 2011 amendments by cc. 197 and 225 are identical, and designated the existing provisions of the section as subsection A; and added subsection B.

The 2013 amendments. - The 2013 amendment by c. 465 added "Subject to the conditions set forth in § 24.2-416.6 " at the beginning of subsection A, and made a related change.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department" for "State Board" wherever it appears.

The 2020 amendments. - The 2020 amendment by c. 921 added subsection C.

The 2020 amendment by c. 958, in subsection B, substituted "Department of Wildlife Resources" for "Department of Game and Inland Fisheries" once each in both the first and last sentences.

Law review. - For annual survey article, "Election Law and Government," see 46 U. Rich. L. Rev. 119 (2011).

§ 24.2-416.4. Return of mail voter registration applications.

1. Notwithstanding the provisions of § 24.2-416 , a mail voter registration application returned through the United States Postal Service shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service. If no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been timely if received through the United States mail no later than five days following the time for the closing of the registration books pursuant to § 24.2-416 .
2. In any other case, a completed mail voter registration application shall be deemed timely if received by any general registrar or any person authorized to receive voter registration applications pursuant to § 24.2-415.1 by 5:00 p.m. on the final day of registration provided for in § 24.2-414 . (1996, cc. 72, 73; 2013, c. 680.)

The 2013 amendments. - The 2013 amendment by c. 680 substituted "5:00 p.m. on the final day of registration provided for in § 24.2-414 " for "the deadline provided for in § 24.2-416 for closing the registration books" at the end of subsection B.

§ 24.2-416.5. Social security number or parts thereof not to be disclosed.

Any person assisting an applicant with the completion or return of a mail voter registration application shall not copy, disclose or make any use of the social security number, or any part thereof, of the applicant except as authorized by law for official use.

(1996, cc. 72, 73; 2007, c. 318.)

The 2007 amendments. - The 2007 amendment by c. 318 inserted "or any part thereof" near the end of the section.

§ 24.2-416.6. Registration by and instructions for voter registration drives; compensation prohibitions.

Whenever the Department of Elections, local electoral board, or general registrar's office furnishes individuals or groups multiple copies of the voter registration application, it shall provide accompanying instructions that contain a copy and explanation of § 24.2-1002.01 and the penalty for destruction of, or failure to mail or deliver, voter registration applications that have been signed. Any like instructions furnished to the public by whatever means shall contain a copy and explanation of § 24.2-1002.01 and the penalty for destruction of, or failure to mail or deliver, voter registration applications. When obtaining 25 or more voter registration applications, such individuals or groups shall be required to register with and provide to the Department, local electoral board, or general registrar's office such information as required by the Department. Such individuals or agents representing a group shall be required to receive training as approved by the State Board and sign a sworn affidavit on a form prescribed by the State Board attesting that such individuals or organizations will abide by all Virginia laws and rules regarding the registration of voters.

No individual or group shall compensate its volunteers or employees on the basis of the number of completed voter registration applications the volunteer or employee collects. No volunteer or employee of an individual or group shall accept compensation based on the number of completed voter registration applications he collects.

(2005, cc. 339, 412; 2013, c. 465; 2015, c. 740; 2017, c. 336.)

The 2013 amendments. - The 2013 amendment by c. 465 added the last two sentences.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department of Elections" for "State Board" in the first sentence; and substituted "Department" for "State Board" both times it appears in the third sentence.

The 2017 amendments. - The 2017 amendment by c. 336 added the second paragraph.

§ 24.2-416.7. Application for voter registration by electronic means.

1. Notwithstanding any other provision of law, a person who is qualified to register to vote may apply to register to vote by electronic means as authorized by the State Board by completing an electronic registration application.
2. Notwithstanding any other provision of law, a registered voter may satisfy the requirements of §§ 24.2-423 and 24.2-424 to notify the general registrar of a change of legal name or place of residence within the Commonwealth by electronic means as authorized by the State Board by completing an electronic registration application.
3. An electronic registration application completed pursuant to this article shall require that an applicant:
   1. Provide the information as required under § 24.2-418 ;
   2. Have a Virginia driver's license or other document issued by the Department of Motor Vehicles under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2;
   3. Provide a social security number and Department of Motor Vehicles customer identifier number that matches the applicant's record in the Department of Motor Vehicles records;
   4. Attest to the truth of the information provided;
   5. Sign the application in a manner consistent with the Uniform Electronic Transactions Act (§ 59.1-479 et seq.); and
   6. Affirmatively authorize the Department of Elections and general registrar to use the applicant's signature obtained by the Department of Motor Vehicles for voter registration purposes.
4. In order for an individual to complete a transaction under this article, the general registrar shall verify that the Department of Motor Vehicles customer identifier number, date of birth, and social security number provided by the applicant match the information contained in the Department of Motor Vehicles records.
5. The Department of Motor Vehicles shall provide to the Department of Elections a digital copy of the applicant's signature on record with the Department of Motor Vehicles.
6. The Department of Elections shall transmit to the general registrar an applicant's completed voter registration application and digital signature not later than five business days after the date of receipt.
7. Each transaction taking place under this section shall be accompanied by the following statement featured prominently in boldface capital letters: "WARNING: INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT DURING THIS TRANSACTION CONSTITUTES THE CRIME OF ELECTION FRAUD, WHICH IS PUNISHABLE UNDER VIRGINIA LAW AS A FELONY. VIOLATORS MAY BE SENTENCED TO UP TO 10 YEARS IN PRISON, OR UP TO 12 MONTHS IN JAIL AND/OR FINED UP TO $2,500."
8. The Department of Elections may use additional security measures approved by the State Board to ensure the accuracy and integrity of registration transactions performed under this article.

   (2013, c. 520; 2015, c. 740; 2020, cc. 1227, 1246.)

Editor's note. - Acts 2020, cc. 1227 and 1246, cl. 2 provides: "That the provisions of this act shall become effective on January 1, 2021."

Acts 2020, cc. 1227 and 1246, cl. 4 provides: "That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice."

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department of Elections" for "State Board" in subdivision C 6 and subsections E, F and H; and added "approved by the State Board" in subsection H.

The 2020 amendments. - The 2020 amendments by cc. 1227 and 1246, effective January 1, 2021, are identical, and in subdivision C 2, substituted "other document" for "special identification card" and added "under Chapter 3 ( § 46.2-300 et seq.) of Title 46.2."

OPINIONS OF THE ATTORNEY GENERAL

Electronic signatures. - Although no law requires the acceptance of mailed voter registration applications with electronic signatures, the State Board of Elections is not precluded from directing that general registrars accept such applications, and the State Board, in its discretion, may do so. The State Board also has discretionary authority to establish criteria to preserve the security of confidential voter information and to ensure the authenticity and validity of electronic signatures. See opinion of Attorney General to Messrs. James M. Hinshaw, Daniel H. Haworth, W. Donald Brown, City of Norfolk Electoral Board, 13-111, 2014 Va. AG LEXIS 47 (9/26/14).

§ 24.2-417. Persons to be registered.

Each registrar shall register every resident of his county or city who has the qualifications required by the Constitution of Virginia and this title and who applies for registration or transfer of his registration from another county or city in the Commonwealth at the time and in the manner required by law.

Any person, once properly registered, shall remain registered unless his registration is cancelled pursuant to Article 5 (§ 24.2-427 et seq.) of this chapter.

(Code 1950, §§ 24-67, 24-68; 1952, c. 341; 1958, c. 576; 1960, c. 288; 1962, c. 536; 1963, Ex. Sess., c. 2; 1970, c. 462, §§ 24.1-47, 24.1-48; 1971, Ex. Sess., cc. 119, 205; 1972, c. 620; 1974, c. 428; 1977, c. 490; 1980, c. 639; 1989, c. 138; 1992, c. 433; 1993, c. 641; 1996, cc. 72, 73; 2000, c. 857.)

Cross references. - As to free elections and the right of suffrage, see Va. Const., Art. I, § 6.

As to constitutional prohibition of religious tests and restrictions, see Va. Const., Art. I, § 16.

As to persons excluded from registering and voting, see Va. Const., Art. II, § 1.

For constitutional provision as to registration, see Va. Const., Art. II, § 2.

The 2000 amendments. - The 2000 amendment by c. 857 inserted "or transfer of his registration from another county or city in the Commonwealth" following "registration" in the first undesignated paragraph.

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, § 19.

§ 24.2-417.1. Registration residence requirements; presumptions in certain cases.

In determining the residence as defined in § 24.2-101 and the domicile and place of abode of a participant in the American Conservation and Youth Service Corps provided for by federal law (42 U.S.C. § 12655 et seq.), there shall be a presumption that a participant in the Corps who was domiciled and had a place of abode in Virginia at the time of entering the Corps continues to be domiciled and retains the same place of abode unless the participant expressly states otherwise.

In determining the residence as defined in § 24.2-101 and domicile and place of abode of a military or merchant marine spouse or dependent, there shall be a presumption that a military or merchant marine spouse or dependent who has established physical presence and a place of abode in the Commonwealth shall also have established domicile in the Commonwealth unless the spouse or dependent expressly states otherwise. Once residence is changed, the military or merchant marine spouse or dependent may not revert to any previous residence without re-establishing new physical presence and intent to remain or return.

(1995, c. 231; 2006, c. 391.)

The 2006 amendments. - The 2006 amendment by c. 391 added the last paragraph.

Law review. - For 2006 survey article, "Election Law," see 41 U. Rich. L. Rev. 121 (2006).

§ 24.2-418. Application for registration.

1. 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. 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 § 24.2-411.2 or 24.2-411.3 , the registration application shall not be pre-populated with information the applicant is required to provide. The form of the application to register shall request that the applicant provide his telephone number and email address, but no application shall be denied for failure to provide such information.
2. 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;
   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.
3. 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 . (Code 1950, §§ 24-28, 24-68; 1952, c. 341; 1958, c. 576; 1960, c. 288; 1962, c. 536; 1968, c. 97; 1970, c. 462, §§ 24.1-22, 24.1-48; 1971, Ex. Sess., cc. 205, 247; 1972, c. 620; 1974, c. 428; 1975, c. 515; 1977, c. 490; 1980, c. 639; 1989, c. 138; 1992, c. 433; 1993, c. 641; 1994, c. 250; 1995, c. 314; 1996, c. 251; 1997, cc. 346, 801; 2001, cc. 612, 626; 2004, c. 184; 2009, cc. 318, 865, 870, 874; 2010, cc. 795, 812; 2012, c. 491; 2013, c. 465; 2015, c. 740; 2016, cc. 630, 633; 2019, c. 342; 2020, cc. 710, 857, 908, 909.)

Cross references. - As to punishment for Class 6 felonies, see § 18.2-10 .

Editor's note. - Acts 2009, cc. 865, 870 and 874, cl. 3 provides: "That applications printed prior to the effective date of this act may be used until supplies are exhausted."

The 2001 amendments. - The 2001 amendment by cc. 612 and 626 are identical, and in the third and fourth paragraphs, substituted "located within the Commonwealth" for "for his residence," and inserted "or on voter registration records made available for public inspection pursuant to § 24.2-444 " at the end thereof; and substituted "issued by or under the authority of any court of competent jurisdiction, including but not limited to courts of the Commonwealth of Virginia" for "as described in §§ 16.1-253.1, 16.1-253.4, 16.1-279.1 and 18.2-60.3 " in the fourth paragraph.

The 2004 amendments. - The 2004 amendment by c. 184 added the last paragraph.

The 2009 amendments. - The 2009 amendment by c. 318, added the subsection A and B designators, redesignated former paragraphs four and five as subdivisions B 2 and B 3, respectively, and added subdivisions B 1 and B 4; in subsection B, substituted "individual, as follows, or member of his household" for "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 paragraphs (A) through (D) of § 8331(20)" and added the last sentence; in subdivision B 2, deleted "to furnish, in addition to his 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 , or on voter registration records made available for public inspection pursuant to § 24.2-444 " following "Commonwealth of Virginia"; in subdivision B 3, deleted "to furnish, in addition to his 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, that are furnished pursuant to §§ 24.2-405 and 24.2-406 , or on voter registration records made available for public inspection pursuant to § 24.2-444 " following "such other person"; and made related changes.

The 2009 amendments by cc. 865, 870 and 874 are identical, and added the last sentence of the second paragraph of A and the last sentence of subsection B and subdivisions B 2 and B 3. The section has been set out in the form above at the direction of the Virginia Code Commission.

The 2010 amendments. - The 2010 amendment by c. 795 added subsection C.

The 2010 amendment by c. 812 inserted "or on lists of absentee voter applicants furnished pursuant to § 24.2-706 or 24.2-710 " and made a related change in subsection B.

The 2012 amendments. - The 2012 amendment by c. 491 added subdivision B 5 and made related changes.

The 2013 amendments. - The 2013 amendment by c. 465 added the last sentence in the second paragraph of subsection A.

The 2015 amendments. - The 2015 amendment by c. 740 reenacted this section without change.

The 2016 amendments. - The 2016 amendment by c. 630, in the second paragraph in subsection A, inserted "and disqualified to vote," substituted "whether" for "under what circumstances" in the first sentence; and substituted "is guilty" for "shall be guilty" in the second sentence.

The 2016 amendment by c. 633, rewrote former subsection C, which read: "If the applicant formerly resided in another state, the portion of the application to register listing an applicant's place of last previous registration to vote, or a copy thereof, shall be retained by the general registrar for the city or county where the applicant resides, and the general registrar shall send the original or a copy to the appropriate voter registration official or other authority of another state where the applicant formerly resided."

The 2019 amendments. - The 2019 amendment by c. 342 added subdivision B 6 and made related changes.

The 2020 amendments. - The 2020, amendment by c. 710, deleted "accompanied by evidence that he has filed a complaint with a magistrate or law-enforcement official against such other person" from the end of subdivision B 3.

The 2020 amendment by c. 857, added the third paragraph in subsection A.

The 2020 amendments by cc. 908 and 909 are identical, and substituted "24.2-411.2 or 24.2-411.3 " for "24.2-411.1 or 24.2-411.2 " in subsection A, second paragraph, last sentence.

Law review. - For annual survey article, "Election Law," see 44 U. Rich. L. Rev. 403 (2009).

For annual survey article, "Election Law and Government," see 46 U. Rich. L. Rev. 119 (2011).

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, §§ 16, 20.

§ 24.2-418.1. Receipt for voter registration applicants.

1. 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.
2. 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.

   (2008, c. 865; 2015, c. 740.)

Editor's note. - Acts 2008, c. 865, cl. 2 provides: "That applications printed prior to the effective date of this act may be used until supplies are exhausted."

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department" for "State Board" in subsection A, and substituted "Department" for "State Board of Elections" in subsection B.

§ 24.2-419. Extended time for certain persons to register by mail.

The registration application of the following persons may accompany an application for an absentee ballot and shall be on a form prescribed by the State Board, on a federal postcard application, or on a federal write-in absentee ballot:

1. Any member of a uniformed service, as defined in § 24.2-452 , who is on active duty;
2. Any spouse or dependent residing with a person listed in subdivision 1; and
3. Any person temporarily residing outside the United States. The registration application from a person listed in subdivisions 1 and 2 may be accepted notwithstanding the provisions of § 24.2-416 if they are eligible to be registered and if, by reason of active duty, they are normally absent from the city or county in which they reside. (Code 1950, § 24-68; 1952, c. 341; 1958, c. 576; 1960, c. 288; 1962, c. 536; 1970, c. 462, § 24.1-48; 1971, Ex. Sess., c. 205; 1972, c. 620; 1974, c. 428; 1977, c. 490; 1980, c. 639; 1989, c. 138; 1992, c. 433; 1993, c. 641; 1995, c. 296; 2002, cc. 785, 819; 2004, c. 410; 2012, c. 353.)

Editor's note. - Acts 2004, c. 410, cl. 3, provides: "That the provisions of this act affecting uniformed and overseas voters as defined in the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. § 1973ff [now 52 USC § 20301] et seq.) shall be applicable to any Federal Post Card Application received from such voter after November 4, 2003."

The 2002 amendments. - The 2002 amendments by cc. 785 and 819 are identical, and rewrote the section catchline, which formerly read: "Absentee application for registration"; rewrote the introductory paragraph, which formerly read: "The following persons are entitled to register by absentee application if they are eligible to be registered and if, by reason of active duty or employment, they are normally absent from the city or county in which they reside"; inserted "and" at the end of subdivision 2; deleted former subdivision 3, which read: "Any person who resides temporarily outside of the United States by virtue of his employment"; redesignated former subdivision 4 as present subdivision 3, and substituted "1 or 2" for "1, 2, and 3 of this section" at the end thereof; and deleted the former last paragraph, which read: "Notwithstanding the provisions of § 24.2-416 , the registration application from a person listed in subdivision 1 or 2 of the preceding paragraph, or his spouse or dependent, may accompany an application for an absentee ballot and shall be on a form prescribed by the State Board."

The 2004 amendments. - The 2004 amendment by c. 410, effective April 12, 2004, in the introductory paragraph, deleted "Notwithstanding the provisions of § 24.2-416 " at the beginning and added "or on a Federal Post Card Application" at the end; added subdivision 4 and the last paragraph; and made minor stylistic changes.

The 2012 amendments. - The 2012 amendment by c. 353 substituted "State Board, on a federal postcard application, or on a federal write-in absentee ballot" for "State Board or on a Federal Post Card Application" at the end of the introductory paragraph; substituted "service, as defined in § 24.2-452 " for "service of the United States, as defined in 42 U.S.C. § 1973ff-6 (7)" in subdivision 1; deleted former subdivision 2, which read: "Any member of the merchant marine of the United States" and redesignated the following subdivisions accordingly; and in the concluding paragraph, substituted "subdivisions 1 and 2 may" for "subdivisions 1, 2 and 3 of this section may."

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, § 19.

§ 24.2-420.

Repealed by Acts 1995, c. 296.

§ 24.2-420.1. (Effective until October 1, 2022) Extended time for certain persons to register in person.

1. Notwithstanding the provisions of § 24.2-416 , the following persons shall be entitled to register in person up to and including the day of the election:
   1. Any member of a uniformed service of the United States, as defined in § 24.2-452 , who is on active duty;
   2. Any person who resides temporarily outside of the United States; and
   3. Any spouse or dependent residing with a person listed in subdivision 1 or 2 of this subsection. The provisions of this subsection shall apply only to those persons who are otherwise qualified to register and who, by reason of such active duty or temporary overseas residency, either (i) are normally absent from the city or county in which they reside or (ii) have been absent from such city or county and returned to reside there during the twenty-eight days immediately preceding the election.
2. Notwithstanding the provisions of § 24.2-416 , any person who was on active duty as a member of a uniformed service as defined in § 24.2-452 and discharged from the uniformed service during the sixty days immediately preceding the election, and his spouse or dependent, shall be entitled to register, if otherwise qualified, in person up to and including the day of the election.
3. The Department shall prescribe procedures for the addition of persons registered under this section to the lists of registered voters.

   (1995, c. 296; 2002, cc. 785, 819; 2015, c. 740.)

Section set out twice. - The section above is effective until October 1, 2022. For the version of this section effective October 1, 2022, see the following section, also numbered § 24.2-420.1 .

Cross references. - As to cancellation of registration by voter or for persons known to be deceased or disqualified to vote, see § 24.2-427 .

The 2002 amendments. - The 2002 amendments by cc. 785 and 819 are identical, and added "in person" to the end of the section catchline; deleted "by virtue of his employment" following "United States" in subdivision A 3; and substituted "temporary overseas residence" for "employment" in the second paragraph of subsection A.

The 2015 amendments. - The 2015 amendment by c. 740, in subsection A, substituted " § 24.2-452 " for "52 U.S.C. § 20310(7)" in subdivision A 1, deleted subdivision A 2, which read: "Any member of the merchant marine of the United States," redesignated the remaining subdivisions accordingly, and in subdivision A 3, substituted "subdivision 1 or 2" for "subdivision 1, 2 or 3"; substituted "as defined in § 24.2-452 " for "of the United States" in subsection B; and substituted "Department" for "State Board" in subsection C.

§ 24.2-420.1. (Effective October 1, 2022) Extended time for persons to register in person.

1. Notwithstanding the provisions of § 24.2-416 , any person who is qualified to register to vote shall be entitled to register in person up to and including the day of the election at the office of the general registrar in the locality in which such person resides or at the polling place for the precinct in which such person resides.
2. The Department shall prescribe procedures for the addition of persons registered under this section to the lists of registered voters.

   (1995, c. 296; 2002, cc. 785, 819; 2015, c. 740; 2020, c. 1153.)

Section set out twice. - The section above is effective October 1, 2022. For the version of this section effective until October 1, 2022, see the preceding section, also numbered § 24.2-420.1 .

Editor's note. - Acts 2020, c. 1153, cl. 2 provides: "That the provisions of this act shall become effective on October 1, 2022."

The 2020 amendments. - The 2020 amendment by c. 1153, effective October 1, 2022, rewrote subsections A and B, which read "A. Notwithstanding the provisions of § 24.2-416 , the following persons shall be entitled to register in person up to and including the day of the election: 1. Any member of a uniformed service of the United States, as defined in § 24.2-452 , who is on active duty; 2. Any person who resides temporarily outside of the United States; and 3. Any spouse or dependent residing with a person listed in subdivision 1 or 2 of this subsection. The provisions of this subsection shall apply only to those persons who are otherwise qualified to register and who, by reason of such active duty or temporary overseas residency, either (i) are normally absent from the city or county in which they reside or (ii) have been absent from such city or county and returned to reside there during the twenty-eight days immediately preceding the election. B. Notwithstanding the provisions of § 24.2-416 , any person who was on active duty as a member of a uniformed service as defined in § 24.2-452 and discharged from the uniformed service during the sixty days immediately preceding the election, and his spouse or dependent, shall be entitled to register, if otherwise qualified, in person up to and including the day of the election."

§ 24.2-421.

Repealed by Acts 1997, cc. 523 and 539.

§ 24.2-422. (Effective until January 1, 2022) Appeal of person denied registration.

1. Within five days after the denial of an application to register, the general registrar shall notify the applicant of the denial. Notice shall be given in writing and by email or telephone if such information was provided by the applicant.

   The general registrar shall send a new application for registration to the applicant with the form prescribed in subsection B. If the applicant provided his email address on the application for registration, the general registrar may send information to that email address regarding online voter registration. The general registrar shall advise the applicant that he may complete and submit the new application, in lieu of filing an appeal, if the reason stated for denial is that the applicant has failed to sign the application or failed to provide a required item of information on the application. If the general registrar is able to reach the applicant by telephone, corrections may be made by the applicant by telephone. Any applicant who returns a second application and whose second application is denied shall have the right to appeal provided in subsection B.

2. A person denied registration shall have the right to appeal, without payment of writ tax or giving security for costs, to the circuit court of the county or city in which he offers to register by filing with the clerk of the court, within 10 days of being notified of the denial, a petition in writing to have his right to register determined.

   The petitioner may file his petition by completing and filing a form which shall be prescribed by the State Board and which shall be used by the general registrar to notify an applicant of the denial of his application to register and of the reasons for the denial. The form shall (i) state that an applicant denied registration has the right to appeal to the circuit court of the county or city in which he offers to register, (ii) give the name and address of the clerk of the circuit court for such county or city (to be supplied by the general registrar), (iii) state that a filing fee of $10 must be paid when filing the petition, (iv) contain a statement by which the applicant may indicate his desire to petition the court to have his right to register determined, and (v) provide space for the applicant to state the facts in support of his right to register.

   On the filing of a petition to have the right to register determined, the clerk of the court shall immediately bring the matter to the attention of the chief judge of the court for the scheduling of a hearing on the petition. The matter shall be heard and determined on the face of the petition, the answer made in writing by the general registrar, and any evidence introduced as part of the proceedings. The proceedings shall take precedence over all other business of the court and shall be heard as soon as possible.

   On the filing of the petition, the clerk of the court shall immediately give notice to the attorney for the Commonwealth for his county or city, who shall appear and defend against the petition on behalf of the Commonwealth.

   Judgment in favor of the petitioner shall entitle him to registration. From a judgment rendered against the petitioner, an appeal shall lie to the Supreme Court of Virginia.

3. The provisions of § 24.2-416 , pertaining to the closing of registration records in advance of an election, shall apply to any application submitted pursuant to subsection A or B following a denial of registration. (Code 1950, § 24-112; 1970, c. 462, § 24.1-67; 1974, c. 428; 1985, c. 351; 1993, c. 641; 1997, c. 114; 2001, c. 627; 2019, c. 341; 2020, c. 857.)

Section set out twice. - The section above is effective until January 1, 2022. For the version of this section effective January 1, 2022, see the following section, also numbered § 24.2-422 .

Cross references. - For constitutional requirement that General Assembly provide for appeal by persons denied registration, see Va. Const., Art. II, § 4.

The 2001 amendments. - The 2001 amendment by c. 627, in subsection B, deleted "of this section" following "in subsection A" in two places, and added subsection C.

The 2019 amendments. - The 2019 amendment by c. 341 substituted "10 days of being notified of the" for "ten days after the" in the first paragraph of subsection A.

The 2020 amendments. - The 2020 amendment by c. 857, added subsection A and redesignated its existing provisions as subsection B; deleted the existing provisions of subsection B, which read, "The general registrar shall send a new application for registration to the applicant with the form prescribed in subsection A. The general registrar shall advise the applicant that he may complete and return the new application, in lieu of filing an appeal, if the reason stated for denial is that the applicant has failed to sign the application or failed to provide a required item of information on the application. Any applicant who returns a second application and whose second application is denied shall have the right to appeal provided in subsection A" and made a stylistic change.

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 11 Trials at Common Law. § 11.01 Dockets. Bryson.

Editor's note. - The cases cited below were decided under former law corresponding to this section.

§ 24.2-422. (Effective January 1, 2022) Appeal of person denied registration.

1. Within five days after the denial of an application to register, the general registrar shall notify the applicant of the denial. Notice shall be given in writing and by email or telephone if such information was provided by the applicant.

   The general registrar shall send a new application for registration to the applicant with the form prescribed in subsection B. If the applicant provided his email address on the application for registration, the general registrar may send information to that email address regarding online voter registration. The general registrar shall advise the applicant that he may complete and submit the new application, in lieu of filing an appeal, if the reason stated for denial is that the applicant has failed to sign the application or failed to provide a required item of information on the application. If the general registrar is able to reach the applicant by telephone, corrections may be made by the applicant by telephone. Any applicant who returns a second application and whose second application is denied shall have the right to appeal provided in subsection B.

2. A person denied registration shall have the right to appeal, without payment of writ tax or giving security for costs, to the circuit court of the county or city in which he offers to register by filing with the clerk of the court, within 10 days of being notified of the denial, a petition in writing to have his right to register determined.

   The petitioner may file his petition by completing and filing a form which shall be prescribed by the State Board and which shall be used by the general registrar to notify an applicant of the denial of his application to register and of the reasons for the denial. The form shall (i) state that an applicant denied registration has the right to appeal to the circuit court of the county or city in which he offers to register, (ii) give the name and address of the clerk of the circuit court for such county or city (to be supplied by the general registrar), (iii) state that a filing fee of $10 must be paid when filing the petition, (iv) contain a statement by which the applicant may indicate his desire to petition the court to have his right to register determined, and (v) provide space for the applicant to state the facts in support of his right to register.

   On the filing of a petition to have the right to register determined, the clerk of the court shall immediately bring the matter to the attention of the chief judge of the court for the scheduling of a hearing on the petition. The matter shall be heard and determined on the face of the petition, the answer made in writing by the general registrar, and any evidence introduced as part of the proceedings. The proceedings shall take precedence over all other business of the court and shall be heard as soon as possible.

   On the filing of the petition, the clerk of the court shall immediately give notice to the attorney for the Commonwealth for his county or city, who shall appear and defend against the petition on behalf of the Commonwealth.

   Judgment in favor of the petitioner shall entitle him to registration. From a judgment rendered against the petitioner, an appeal shall lie to the Court of Appeals.

3. The provisions of § 24.2-416 , pertaining to the closing of registration records in advance of an election, shall apply to any application submitted pursuant to subsection A or B following a denial of registration. (Code 1950, § 24-112; 1970, c. 462, § 24.1-67; 1974, c. 428; 1985, c. 351; 1993, c. 641; 1997, c. 114; 2001, c. 627; 2019, c. 341; 2020, c. 857; 2021, Sp. Sess. I, c. 489.)

Section set out twice. - The section above is effective January 1, 2022. For the version of this section effective until January 1, 2022, see the preceding section, also numbered § 24.2-422 .

Cross references. - For constitutional requirement that General Assembly provide for appeal by persons denied registration, see Va. Const., Art. II, § 4.

Editor's note. - Acts 2021, Sp. Sess. I, c. 489, cl. 3 provides: "That any case for which a notice of appeal to the Supreme Court has been filed prior to January 1, 2022, shall continue in the Supreme Court of Virginia and shall not be affected by the provisions of this act."

Acts 2021, Sp. Sess. I, c. 489, cl. 4 provides: "That any case for which a petition for appeal in a criminal case to the Court of Appeals has been filed prior to January 1, 2022, and a decision on such petition remains pending, such petition for appeal shall be deemed granted and the clerk of the Court of Appeals shall certify the granting of such petition to the trial court and all counsel. Such case shall be considered mature for purposes of further proceedings from the date of such certificate."

Acts 2021, Sp. Sess. I, c. 489, cl. 6 provides: "That the provisions of this act amending § 17.1-400 of the Code of Virginia shall become effective in due course and that the remaining provisions of this act shall become effective on January 1, 2022."

The 2001 amendments. - The 2001 amendment by c. 627, in subsection B, deleted "of this section" following "in subsection A" in two places, and added subsection C.

The 2019 amendments. - The 2019 amendment by c. 341 substituted "10 days of being notified of the" for "ten days after the" in the first paragraph of subsection A.

The 2020 amendments. - The 2020 amendment by c. 857, added subsection A and redesignated its existing provisions as subsection B; deleted the existing provisions of subsection B, which read, "The general registrar shall send a new application for registration to the applicant with the form prescribed in subsection A. The general registrar shall advise the applicant that he may complete and return the new application, in lieu of filing an appeal, if the reason stated for denial is that the applicant has failed to sign the application or failed to provide a required item of information on the application. Any applicant who returns a second application and whose second application is denied shall have the right to appeal provided in subsection A" and made a stylistic change.

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 489, effective January 1, 2022, substituted "Court of Appeals" for "Supreme Court of Virginia" in subsection B in the last paragraph.

Research References. - Bryson on Virginia Civil Procedure (Matthew Bender). Chapter 11 Trials at Common Law. § 11.01 Dockets. Bryson.

Editor's note. - The cases cited below were decided under former law corresponding to this section.

§ 24.2-423. Notice of change of name of registered voter.

Whenever a registered voter changes his legal name, either by marriage, divorce, order of court, or otherwise, the voter shall promptly notify the general registrar of the jurisdiction where he is registered. Such notice may be made in writing or on a form approved by the State Board of Elections, which may be electronic. The notice in writing may be provided by mail or by facsimile and shall be signed by the voter unless he is physically unable to sign, in which case his own mark acknowledged by a witness shall be sufficient signature. Notice may be provided by electronic means as authorized by the State Board and signed by the voter in a manner consistent with the provisions of § 24.2-416.7 and the Uniform Electronic Transactions Act (§ 59.1-479 et seq.). The general registrar shall enter the new name on the registration records and issue the voter a new voter registration card.

(Code 1950, § 24-81; 1970, c. 462, § 24.1-51; 1993, c. 641; 2003, c. 1015; 2013, c. 520.)

The 2003 amendments. - The 2003 amendment by c. 1015, rewrote the section, which formerly read: "Whenever a registered voter changes his name, either by marriage or order of court, or otherwise, the voter shall notify in writing the general registrar of the jurisdiction where he is registered. The general registrar shall enter the new name on the registration records and issue the voter a new voter registration card."

The 2013 amendments. - The 2013 amendment by c. 520, in the fourth sentence, deleted "The State Board is authorized to conduct a pilot program, under which electronic" at the beginning and made a capitalization change, deleted "electronic mail or such other" following "provided by," substituted "authorized" for "may be permitted," and inserted "the provisions of § 24.2-416.7 and."

Research References. - Virginia Forms (Matthew Bender). No. 5-1603 Petition to Change Name; No. 5-1604 Petition for Name Change - Adults Only.

§ 24.2-424. Change of registered voter's address within the Commonwealth; pilot project.

1. Whenever a registered voter changes his place of residence within the Commonwealth, he shall promptly notify any general registrar of the address of his new residence. Such notice may be made in person, in writing, by return of the voter registration card noting the new address, or on a form approved by the State Board of Elections, which may be electronic. The notice in writing may be provided by mail or by facsimile and shall be signed by the voter unless he is physically unable to sign, in which case his own mark acknowledged by a witness shall be sufficient signature. Notice may be provided by electronic means as authorized by the State Board and signed by the voter in a manner consistent with the provisions of § 24.2-416.7 and the Uniform Electronic Transactions Act (§ 59.1-479 et seq.). The fact that a voter provides an address on a candidate or referendum petition that differs from the address for the voter on the voter registration system shall not be sufficient notice to change the voter's registration address. Any statements made by any voter applying for transfer are subject to felony penalties for making a false statement pursuant to § 24.2-1016 .
2. If the voter has moved within the same county or city, on receipt of the notification, the general registrar for that county or city shall (i) enter the new address on the registration record; (ii) if satisfied that the registered voter has moved into another precinct within the same county or city, transfer the registration of the voter to that precinct; and (iii) send the voter confirmation documents. This transfer may be entered in the registration records at any time the registration records are not closed pursuant to § 24.2-416 .
3. Any request for transfer or change of address within the Commonwealth delivered to any registrar shall be forwarded to the general registrar for the city or county in the Commonwealth where the voter now resides. When forwarding said notice, or upon request from the registrar for the county or city where the voter now resides, the registrar for the county or city where the voter formerly resided shall forward the original application for registration to the registrar for the voter's new locality.
4. Upon receipt of the voter's original registration application, and notice as specified in subsection A of this section indicating the voter's current residence, the registrar for the county or city in which the voter currently resides shall: (i) enter the new address on the registration record; (ii) if satisfied that the registered voter has moved into a precinct within that county or city, transfer the registration of the voter to that precinct; (iii) send the voter confirmation documents; and (iv) through the Virginia voter registration system, notify the registrar of the locality where the voter formerly resided that the registration has been transferred. This transfer may be entered in the registration records at any time the registration records are not closed pursuant to § 24.2-416 .
5. If the original registration application is no longer available to the registrar in the city or county where the voter formerly resided, either of the following shall be sent to and accepted by the registrar in the city or county where the voter now resides in lieu of such application: (i) an unsigned voter card (or conversion card) used as the voter record upon the creation of the statewide voter registration system or (ii) a replacement record provided by the Department to replace damaged files in the registrar's office. If no other record is available, then the registrar of the voter's former locality shall provide written notification to the registrar of the locality in which the voter now resides that none of the required documents are available. In this instance only, the registrar of the locality in which the voter now resides shall copy the voter's record from the Virginia voter registration system and use that record in lieu of the original voter registration application. Any complete voter registration application on a form previously authorized for use in Virginia shall be valid for the purposes of continuing or transferring a voter's registration within the Commonwealth.

   (Code 1950, § 24-85; 1970, c. 462, § 24.1-52; 1971, Ex. Sess., c. 247; 1977, c. 490; 1993, c. 641; 2000, c. 857; 2001, cc. 615, 625; 2002, c. 279; 2003, c. 1015; 2013, cc. 520, 684; 2015, c. 740.)

Cross references. - For constitutional requirement that General Assembly provide for transfer of voters, see Va. Const., Art. II, § 4.

The 2000 amendments. - The 2000 amendment by c. 857, substituted "Commonwealth" for "same county or city" in the catchline, and inserted the subsection A designation; in the first sentence of subsection A, substituted "Commonwealth" for "same county or city", and substituted "any" for "in writing the"; added the second, third, and fourth sentences in subsection A; inserted the subsection B designation; redesignated the former second and third sentences of the section as subsection B; added "If the voter has moved within the same county or city" at the beginning of subsection B, and inserted "for that county or city" preceding "shall (i)" in the first sentence of subsection B; and added subsections C and D.

The 2001 amendments. - The 2001 amendment by c. 615 inserted "in writing may be provided by mail or by facsimile and" in the third sentence of subsection A.

The 2001 amendment by c. 625 added the fourth sentence in subsection A.

The 2002 amendments. - The 2002 amendment by c. 279, in subsection A, added "which may be electronic" at the end of the second sentence and inserted the present fourth sentence.

The 2003 amendments. - The 2003 amendment by c. 1015 added subsection E.

The 2013 amendments. - The 2013 amendment by c. 520, in subsection A, in the fourth sentence, deleted "The State Board is authorized to conduct a pilot program, under which electronic" at the beginning and made a capitalization change, deleted "electronic mail or such other" preceding "electronic means," substituted "authorized" for "may be permitted," and inserted "the provisions of § 24.2-416.7 and"; and deleted the quotes around "conversion card" in subsection E, in clause (i).

The 2013 amendment by c. 684, in subsection A, in the next-to-last sentence, deleted "deemed" before "sufficient notice" and "in and of itself" before "to change"; and made stylistic changes.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "send the voter confirmation documents" for "issue the voter a new voter registration card" in subdivisions B (iii) and D (iii); and substituted "Department" for "State Board" in the first sentence of subsection E.

§ 24.2-425. Repealed by Acts 2000, c. 857, cl. 2.

Editor's note. - Former § 24.2-425 , relating to transfer of registered voter to another county or city, was derived from Code 1950, §§ 24-86, 24-87; 1970, c. 462, § 24.1-53; 1972, c. 620; 1973, c. 30; 1978, c. 778; 1982, c. 650; 1993, c. 641; 1996, cc. 72, 73.

§ 24.2-426.

Repealed by Acts 1997, c. 805.

Editor's note. - Former § 24.2-426 , related to voluntary cancellation of registration, was derived from Code 1950, § 24-68; 1952, c. 341; 1958, c. 576; 1960, c. 288; 1962, c. 536; 1970, c. 462, § 24.1-48; 1971, Ex. Sess., c. 205; 1972, c. 620; 1974, c. 428; 1977, c. 490; 1980, c. 639; 1989, c. 138; 1992, c. 433; 1993, c. 641; 1996, cc. 72, 73.

§ 24.2-427. Cancellation of registration by voter or for persons known to be deceased or disqualified to vote.

1. Any registered voter may cancel his registration and have his name removed from the central registration records by signing an authorization for cancellation and mailing or otherwise submitting the signed authorization to the general registrar. When submitted by any means other than when notarized or in person, such cancellation must be made at least 22 days prior to an election in order to be valid in that election. The general registrar shall acknowledge receipt of the authorization and advise the voter in person or by first-class mail that his registration has been canceled within 10 days of receipt of such authorization.
2. The general registrar shall cancel the registration of (i) all persons known by him to be deceased or disqualified to vote by reason of a felony conviction or adjudication of incapacity; (ii) all persons known by him not to be United States citizens by reason of reports from the Department of Motor Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E of § 24.2-404 and in accordance with the requirements of subsection B1; (iii) all persons for whom a notice has been received, signed by the voter, or from the registration official of another jurisdiction that the voter has moved from the Commonwealth; and (iv) all persons for whom a notice has been received, signed by the voter, or from the registration official of another jurisdiction that the voter has registered to vote outside the Commonwealth, subsequent to his registration in Virginia. The notice received in clauses (iii) and (iv) shall be considered as a written request from the voter to have his registration cancelled. A voter's registration may be cancelled at any time during the year in which the general registrar discovers that the person is no longer entitled to be registered. The general registrar shall mail notice of any cancellation to the person whose registration is cancelled. B1. The general registrar shall mail notice promptly to all persons known by him not to be United States citizens by reason of a report from the Department of Motor Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E of § 24.2-404 prior to cancelling their registrations. The notice shall inform the person of the report from the Department of Motor Vehicles or from the Department of Elections and allow the person to submit his sworn statement that he is a United States citizen within 14 days of the date that the notice was mailed. The general registrar shall cancel the registrations of such persons who do not respond within 14 days to the notice that they have been reported not to be United States citizens. B2. The general registrar shall (i) process the Department's most recent list of persons convicted of felonies within 21 to 14 days before any primary or general election, (ii) cancel the registration of any registered voter shown to have been convicted of a felony who has not provided evidence that his right to vote has been restored, and (iii) send prompt notice to the person of the cancellation of his registration. If it appears that any registered voter has made a false statement on his registration application with respect to his having been convicted of a felony, the general registrar shall report the fact to the attorney for the Commonwealth for prosecution under § 24.2-1016 for a false statement made on his registration application.
3. The general registrar may cancel the registration of any person for whom a notice has been submitted to the Department of Motor Vehicles in accordance with the Driver License Compact set out in Article 18 (§ 46.2-483 et seq.) of Chapter 3 of Title 46.2 and forwarded to the general registrar, that the voter has moved from the Commonwealth; provided that the registrar shall mail notice of such cancellation to the person at both his new address, as reported to the Department of Motor Vehicles, and the address at which he had most recently been registered in Virginia. No general registrar may cancel registrations under this authority while the registration records are closed pursuant to § 24.2-416 . No registrar may cancel the registration under this authority of any person entitled to register under the provisions of subsection A of § 24.2-420.1 , and shall reinstate the registration of any otherwise qualified voter covered by subsection A of § 24.2-420.1 who applies to vote within four years of the date of cancellation. (Code 1950, §§ 24-59, 24-60, 24-60.1, 24-71 through 24-73, 24-90, 24-93, 24-94, 24-101, 24-111; 1958, c. 576; 1962, cc. 422, 536; 1970, c. 462, § 24.1-46(12); 1972, c. 620; 1973, c. 30; 1974, c. 428; 1976, c. 616; 1979, c. 329; 1980, c. 639; 1982, c. 650; 1983, c. 398; 1984, c. 480; 1986, c. 558; 1990, c. 193; 1993, c. 641; 1996, cc. 72, 73; 1997, cc. 801, 805; 1999, c. 851; 2000, c. 857; 2001, c. 634; 2002, cc. 785, 819; 2006 cc. 926, 940; 2007, c. 318; 2008, c. 382; 2012, c. 686; 2013, c. 686; 2015, c. 740.)

The 1999 amendment, in the first paragraph, substituted "and mailing or otherwise submitting the signed authorization to the general registrar" for "in person at the office of the general registrar or by otherwise submitting an authorization for cancellation, signed by him and notarized," and added the last two sentences.

The 2000 amendments. - The 2000 amendment by c. 857 substituted "twenty-nine days" for "sixty days" in the second sentence of the first undesignated paragraph; and substituted "Commonwealth" for "county or city" at the end of the first sentence in the second undesignated paragraph.

The 2001 amendments. - The 2001 amendment by c. 634 added the subsection A and B designators to the first and second paragraphs, and added subsection C.

The 2002 amendments. - The 2002 amendments by cc. 785 and 819 are identical, and in the last sentence of subsection C, deleted "absentee" following "register," and twice substituted "subsection A of § 24.2-420.1 " for " § 24.2-419 ."

The 2006 amendments. - The 2006 amendments by cc. 926 and 940, effective January 1, 2007, are identical, and in subsection B, in the first sentence, inserted clause (ii), redesignated former clause (ii) as clause (iii) and made a related change; substituted "clause (iii)" for "clause (ii)" in the second sentence; and added the last sentence.

The 2007 amendments. - The 2007 amendment by c. 318, in subdivision B (ii), deleted "and" at the end of the subdivision; inserted "and" to the end of subdivision B (ii); added subdivision B (iv); substituted "clauses (iii) and (iv)" for "clause (iii)" in the first sentence following subdivision B (iv) and deleted "pursuant to clause (ii)" following "cancellation" in the last sentence.

The 2008 amendments. - The 2008 amendment by c. 382 inserted "and in accordance with the requirements of subsection B1" at the end of clause (ii) in subsection B; and added subsection B1.

The 2012 amendments. - The 2012 amendment by c. 686 substituted "22 days" for "twenty-nine days" in the second sentence of subsection A; added subsection B2; and made a minor stylistic change.

The 2013 amendments. - The 2013 amendment by c. 686 inserted "or from the State Board based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E of § 24.2-404 " in clause (ii) of subsection B and in subsection B1.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department of Elections" for "State Board" in the first sentence of subsection B and the first and second sentences of subsection B1; and substituted "Department's" for "State Board's" in the first sentence of subsection B2.

Law review. - For 2006 survey article, "Election Law," see 41 U. Rich. L. Rev. 121 (2006).

§ 24.2-428. Regular periodic review of registration records; notice to voters identified as having moved; placement on inactive status for failure to respond to notice.

1. The Department of Elections shall establish a voter list maintenance program using the change of address information supplied by the United States Postal Service through its licensees or by other reliable sources to identify voters whose addresses may have changed. Any such program shall be regular and periodic and shall be conducted at least annually. The program shall be completed not later than ninety days prior to the date of a federal primary or federal general election.
2. If it appears from information provided by the Postal Service or by other reliable sources that a voter has moved to a different address in the same county or city in which the voter is currently registered, the Department shall provide to the general registrar the information necessary to change the registration records to show the new address, and the Department or the general registrar shall send to the new address of the voter by forwardable mail, a notice of the change, along with a postage prepaid, pre-addressed return card by which the voter may verify or correct the address information.
3. If it appears from information provided by the Postal Service or by other reliable sources that a voter has moved to a different address not in the same county or city, the Department or the general registrar shall send to the last known address of the voter by forwardable mail, a notice on a form prescribed by the Department, along with a postage prepaid and pre-addressed return card on which the voter may state his current address.
4. The registered voter shall complete and sign the return card subject to felony penalties for making false statements pursuant to § 24.2-1016 .
5. The general registrar shall correct his registration records from the information obtained from the return card. If the information indicates that the registered voter has moved to another general registrar's jurisdiction within the Commonwealth, the general registrar shall transfer the registration record, along with the return card, to the appropriate general registrar who shall treat the request for a change of address as a request for transfer and shall send a voter registration card as confirmation of the transfer to the voter pursuant to § 24.2-424 . If the general registrar does not receive the return card provided for in subsection C of this section within thirty days after it is sent to the voter, the registered voter's name shall be placed on inactive status. A registered voter's failure to receive the notice shall not affect the validity of the inactivation. (Code 1950, §§ 24-96, 24-97, 24-107; 1954, c. 690; 1962, c. 536; 1964, c. 538; 1970, c. 462, §§ 24.1-59, 24.1-60; 1972, c. 620; 1973, c. 30; 1975, c. 515; 1976, c. 616; 1982, c. 650; 1986, c. 241; 1990, c. 313; 1991, c. 10; 1993, c. 641; 1996, cc. 72, 73; 2000, c. 857; 2015, c. 740.)

The 2000 amendments. - The 2000 amendment by c. 857 inserted "State Board of Elections or the" preceding "general registrar" in subsections B and C.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department of Elections" for "State Board" in subsection A; substituted "Department" for "State Board of Elections" twice in subsection B and once in subsection C; and substituted "Department" for "State Board" in subsection C.

§ 24.2-428.1. Other procedures for assigning registered voters to inactive status.

In addition to the voter list maintenance program provided for in § 24.2-428 , the general registrar and the registered voter shall follow the confirmation notification procedures set forth in subsections C through E of § 24.2-428 if a voter provides an address on a candidate or referendum petition that differs from the address for the voter on the voter registration system or if any of the following documents sent to the registered voter are returned by the Postal Service as undeliverable:

1. An acknowledgment of registration;
2. An acknowledgment of transfer to a new address;
3. An absentee ballot or application for an absentee ballot sent or provided in accordance with Chapter 7 (§ 24.2-700 et seq.);
4. Notification to a voter after a precinct reassignment;
5. Notification of a change of address sent to a voter in accordance with subsection B of § 24.2-428 ; or
6. Any official voter registration or election mail.

   (1996, cc. 72, 73; 2001, c. 625.)

The 2001 amendments. - The 2001 amendment by c. 625 inserted "if a voter provides an address on a candidate or referendum petition that differs from the address for the voter on the voter registration system or" in the introductory language.

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

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 . 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. 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. (1996, cc. 72, 73.)

§ 24.2-429. Maintenance of accurate registration records by general registrar; notice and hearing before cancellation.

Whenever a registered voter is alleged to be improperly registered, except for reason of removal of residence from the precinct, either by the general registrar or by any three qualified voters of the county or city who make such an allegation to the general registrar, the registrar shall post at the courthouse or publish in a newspaper of general circulation in his county or city the name of the registered voter on a list of persons whose registrations are to be cancelled by the general registrar. The list shall be certified by the registrar and delivered or sent by mail to the county or city chairman of each political party. If sent by mail, the general registrar shall obtain a certificate of mailing. In addition to the posted or published list, the general registrar shall send a notice by mail to the last known address of each registered voter on the list, stating the reasons provided by law for the cancellation, the facts on which the cancellation is based, and when the registrar, at his office during regular office hours, will hear testimony produced for or against the right of persons named in the notice to be retained on the registration records. The hearings shall be held not less than ten days after the mailing of the notice, and in no event shall be within sixty days of the general election in November or within thirty days of any other election in the county or city.

At the hearing, the registrar shall hear the testimony produced and shall determine if the registered voter named in the notice is qualified to vote in the county or city. If the person is no longer qualified to vote, the registrar shall cancel the voter's registration. Nothing contained in this section shall prevent the registered voter from applying to the general registrar for a transfer to his proper jurisdiction, provided the registration records are not closed as provided by law. The general registrar may continue the hearing for a period of not more than thirty days in order to complete his examination. If the registered voter so challenged fails to appear and defend his right to be registered, his registration shall be cancelled by the general registrar.

(Code 1950, §§ 24-59, 24-60, 24-60.1, 24-71 through 24-73, 24-90, 24-93, 24-94, 24-97, 24-98, 24-101, 24-107, 24-108, 24-111; 1954, c. 690; 1958, c. 576; 1962, cc. 422, 536; 1964, c. 538; 1970, c. 462, §§ 24.1-46(13), 24.1-60, 24.1-61; 1972, c. 620; 1973, c. 30; 1974, c. 428; 1976, c. 616; 1979, c. 329; 1980, c. 639; 1982, c. 650; 1983, c. 398; 1984, c. 480; 1986, c. 558; 1990, c. 193; 1991, c. 10; 1993, c. 641; 1996, cc. 72, 73.)

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, §§ 23 - 25.

§ 24.2-430. Appeal from decision of registrar.

Any person whose registration was cancelled in accordance with the decision of the general registrar pursuant to § 24.2-429 , shall have the right of appeal, as provided in § 24.2-422 , to the circuit court of the county or city in which he offers to register. Any qualified voter of the county or city shall have the same right of appeal from the decision of the general registrar refusing to cancel the registration of any person alleged to be improperly registered.

(Code 1950, §§ 24-99, 24-109; 1970, c. 462, § 24.1-62; 1993, c. 641.)

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, § 24.

§ 24.2-431. Petition to court objecting to registration.

In addition to challenging a voter's registration before the general registrar, any three qualified voters may file with the circuit court of the county or city in which they are registered, a petition stating their objections to the registration of any person whose name is on the registration records for their county or city. However, no petition may be filed if the only objection raised is based on removal of residence from the precinct.

(Code 1950, § 24-102; 1970, c. 462, § 24.1-63; 1993, c. 641; 1996, cc. 72, 73.)

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, § 23.

§ 24.2-432. Notice to person objected to and decision of court.

Fifteen days' notice shall be given by the petitioners to any person whose registration is objected to pursuant to § 24.2-431 , and the court shall summarily proceed to determine the right of the person to registration. The determination shall be without the necessity of formal pleadings and in preference to all other matters on the docket. An order of the court concerning registration of the voter shall not be limited by the provisions of § 24.2-416 requiring the registration records to be closed.

(Code 1950, § 24-103; 1970, c. 462, § 24.1-64; 1993, c. 641.)

§ 24.2-433. (Effective until January 1, 2022) Appeal from decision of court.

From the judgment of the court, an appeal shall lie, as a matter of right, to the Supreme Court of Virginia. The appeal shall be placed on the privileged docket and be heard at the next ensuing session of the court.

(Code 1950, § 24-104; 1970, c. 462, § 24.1-65; 1974, c. 428; 1993, c. 641.)

Section set out twice. - The section above is effective until January 1, 2022. For the version of this section effective January 1, 2022, see the following section, also numbered § 24.2-433 .

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, § 24.

§ 24.2-433. (Effective January 1, 2022) Appeal from decision of court.

From the judgment of the court, an appeal shall lie, as a matter of right, to the Court of Appeals. The appeal shall be placed on the privileged docket and be heard by the next available panel of the court.

(Code 1950, § 24-104; 1970, c. 462, § 24.1-65; 1974, c. 428; 1993, c. 641; 2021, Sp. Sess. I, c. 489.)

Section set out twice. - The section above is effective January 1, 2022. For the version of this section effective until January 1, 2022, see the preceding section, also numbered § 24.2-433 .

Editor's note. - Acts 2021, Sp. Sess. I, c. 489, cl. 3 provides: "That any case for which a notice of appeal to the Supreme Court has been filed prior to January 1, 2022, shall continue in the Supreme Court of Virginia and shall not be affected by the provisions of this act."

Acts 2021, Sp. Sess. I, c. 489, cl. 4 provides: "That any case for which a petition for appeal in a criminal case to the Court of Appeals has been filed prior to January 1, 2022, and a decision on such petition remains pending, such petition for appeal shall be deemed granted and the clerk of the Court of Appeals shall certify the granting of such petition to the trial court and all counsel. Such case shall be considered mature for purposes of further proceedings from the date of such certificate."

Acts 2021, Sp. Sess. I, c. 489, cl. 6 provides: "That the provisions of this act amending § 17.1-400 of the Code of Virginia shall become effective in due course and that the remaining provisions of this act shall become effective on January 1, 2022."

The 2021 Sp. Sess. I amendments. - The 2021 amendment by Sp. Sess. I, c. 489, effective January 1, 2022, substituted "Court of Appeals" for "Supreme Court of Virginia" in the first sentence; and substituted "by the next available panel" for "at the next ensuing session" in the second sentence.

Michie's Jurisprudence. - For related discussion, see 6B M.J. Elections, § 24.

§ 24.2-434. Presumption if petition not brought within six months of registration.

Unless the petition provided for in § 24.2-431 is filed within six months after the registration of any person, it shall be conclusively presumed in all proceedings where the right of such person to registration arises, by election officers and by judicial tribunals, or in election contests of any kind and character, that such person has complied with all the procedural requirements of the law in making an application for registration.

(Code 1950, § 24-105; 1970, c. 462, § 24.1-66; 1993, c. 641.)

§ 24.2-435. Cancellation records to be retained for specified periods.

The registration records of voters whose registration has been cancelled pursuant to this article shall be retained for two years from the date of cancellation by the general registrar. However, the registration records of voters whose registration has been cancelled because the voter has moved to another state or the voter has submitted changes to his registration records shall be retained for four years.

(Code 1950, §§ 24-59, 24-60, 24-60.1, 24-71 through 24-73, 24-90, 24-93, 24-94, 24-96, 24-101, 24-111; 1958, c. 576; 1962, cc. 422, 536; 1970, c. 462, §§ 24.1-46(12), 24.1-59; 1972, c. 620; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1976, c. 616; 1979, c. 329; 1980, c. 639; 1982, c. 650; 1983, c. 398; 1984, c. 480; 1986, cc. 241, 558; 1990, cc. 193, 313; 1993, c. 641; 2003, c. 238.)

The 2003 amendments. - The 2003 amendment by c. 238 substituted "two" for "four" in the first sentence, and added the last sentence.

§§ 24.2-436 through 24.2-439.

Repealed by Acts 2001, cc. 616 and 628.

Editor's note. - Former §§ 24.2-436 through 24.2-439, related to temporary registration for presidential elections, was derived from Acts 1971, Ex. Sess., c. 119, §§ 24.1-72.1 through 24.1-72.4; 1972, c. 620; 1977, c. 490; 1982, c. 650; 1993, c. 641; 2000, c. 328.

§§ 24.2-440 through 24.2-443.

Repealed by Acts 2012, c. 353, cl. 2.

Cross references. - For current provisions, see the Uniform Military and Overseas Voters Act, Chapter 4.1 (24.2-451 et seq.).

Editor's note. - Former § 24.2-440 , pertaining to eligibility for temporary registration by absentee application, derived from Acts 1977, c. 305, § 24.1-72.12; 1980, c. 639; 1993, c. 641. Former § 24.2-441, pertaining to application for temporary registration, derived from Acts 1977, c. 305, § 24.1-72.13; 1982, c. 650; 1993, c. 641; 2000, c. 328; 2004, c. 410. Former § 24.2-442, pertaining to when registration permitted; lapse of registration, derived from Acts 1977, c. 305, § 24.1-72.14; 1993, c. 641; 2004, c. 410; 2007, c. 311; 2010, cc. 449, 645; 2011, cc. 427, 458. Former § 24.2-443, pertaining to absentee ballots for persons registered under this article, derived from Acts 1977, c. 305, § 24.1-72.15; 1993, c. 641; 1999, c. 154.

§§ 24.2-443.1 through 24.2-443.4.

Repealed by Acts 2012, c. 353, cl. 2.

Cross references. - For current provisions, see the Uniform Military and Overseas Voters Act, Chapter 4.1 (24.2-451 et seq.).

Editor's note. - Former § 24.2-443.1 , pertaining to eligibility for temporary registration, derived from Acts 1999, c. 795; 2001, c. 629. Former § 24.2-443.2, pertaining to application for temporary registration, derived from Acts 1999, c. 795; 2004, c. 410. Former § 24.2-443.3, pertaining to when registration permitted, derived from Acts 1999, c. 795; 2004, c. 410; 2007, c. 311; 2010, cc. 449, 645; 2011, cc. 427, 458. Former § 24.2-443.4, pertaining to absentee ballots for persons registered under this article, derived from Acts 1999, c. 795.

§ 24.2-444. Duties of general registrars and Department of Elections as to voter registration records; public inspection; exceptions.

1. Registration records shall be kept and preserved by the general registrar in compliance with §§ 2.2-3803 , 2.2-3808 , and 24.2-114 . The Department shall provide to each general registrar, for each precinct in his county or city, lists of registered voters for inspection. The lists shall contain the name, address, year of birth, gender and all election districts applicable to each registered voter. The lists shall be opened to public inspection at the office of the general registrar when the office is open for business. New lists shall be provided not less than once each year to all localities except those in which an updated list is made available electronically for public inspection, and supplements containing additions, deletions, and changes shall be provided not less than (i) weekly during the 60 days preceding any general election and (ii) monthly at other times. Notwithstanding any other provision of law regarding the retention of records, upon receipt of any new complete list, the general registrar shall destroy the obsolete list and its supplements. The Department shall provide to each general registrar lists of persons denied registration for public inspection. Such lists may be provided electronically through the Virginia voter registration system and produced in whole or in part upon a request for public inspection.
2. The general registrars shall maintain for at least two years and shall make available for public inspection and copying and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of the registration records pursuant to §§ 24.2-427 , 24.2-428 and 24.2-428.1 , including lists of the names and addresses of all persons to whom notices are sent, and information concerning whether each person has responded to the notice as of the date that inspection of the records is made.
3. No list provided by the Department under subsection A nor any record made available for public inspection under subsection B shall contain any of the following information: (i) an individual's social security number, or any part thereof; (ii) the residence address of an individual who has furnished a post office box address in lieu of his residence address as authorized by subsection B of § 24.2-418 ; (iii) the declination by an individual to register to vote and related records; (iv) the identity of a voter registration agency through which a particular voter is registered; or (v) the day and month of birth of an individual. No voter registration records other than the lists provided by the Department under subsection A and the records made available under subsection B shall be open to public inspection. (Code 1950, § 24-113; 1970, c. 462, § 24.1-56; 1993, c. 641; 1994, c. 656; 1996, cc. 72, 73; 2001, cc. 612, 626; 2003, c. 1015; 2007, cc. 311, 318; 2008, c. 379; 2009, c. 318; 2012, c. 353; 2015, c. 740.)

Cross references. - As to electronic transfer of information in Department of Motor Vehicles records for voter registration purposes, see § 46.2-208.1 .

The 2001 amendments. - The 2001 amendment by cc. 612 and 626 are identical, and added the last sentence in subsection A.

The 2003 amendments. - The 2003 amendment by c. 1015, in subsection A, deleted the former second sentence, which read: "The registration records shall be available for inspection by appointment, made by the general registrar for any reasonable time requested," and deleted "or any indicator of the voter's precinct" following "individual's residence address" in the last sentence; and in subsection C, substituted "once each year to all localities except those in which an updated list is made available electronically for public inspection" for "two times each year," and "60" for "sixty" in the next-to-last sentence.

The 2007 amendments. - The 2007 amendment by c. 311 rewrote the section.

The 2007 amendment by c. 318 inserted "or any part thereof" following "social security number."

The 2008 amendments. - The 2008 amendment by c. 379 substituted "year of birth" for "date of birth" in the third sentence of subsection A; inserted clause (v) in subsection C; and made related changes.

The 2009 amendments. - The 2009 amendment by c. 318 inserted "subsection B of" in clause (ii) of subsection C.

The 2012 amendments. - The 2012 amendment by c. 353 deleted "and lists of persons registering pursuant to §§ 24.2-442 and 24.2-443.3" at the end of the second sentence of subsection A.

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department" for "State Board" wherever it appears.

Michie's Jurisprudence. - For related discussion, see 4C M.J. Constitutional Law, § 129; 6B M.J. Elections, § 25.

§ 24.2-445. Registration records controlling in event of conflict.

In the event of a conflict as to whether a person is registered to vote, the registration and voting records in the possession of the general registrar shall be controlling.

(1970, c. 462, § 24.1-28; 1993, c. 641.)

§ 24.2-446. Reconstruction of destroyed registration records.

Whenever the registration records of a county or city have been destroyed by fire or otherwise, the Department shall provide substitute active registration records obtained from the Virginia voter registration system.

For active registration records not retrievable from the system, the general registrar shall give notice that he is reconstructing such records by posting the notice at ten places in the jurisdiction or publishing it once in a newspaper having general circulation in the jurisdiction.

In the reconstruction, the registrar shall place on the registration records the names of all voters known by him who have been previously registered, or who can show by evidence satisfactory to the registrar that their names were on the old records and who still reside in the county or city.

(Code 1950, § 24-91; 1970, c. 462, § 24.1-58; 1993, c. 641; 2015, c. 740.)

The 2015 amendments. - The 2015 amendment by c. 740 substituted "Department" for "State Board" in the first paragraph.

§ 24.2-447. Persons registered prior to this title.

Any person validly registered to vote as of December 1, 1993, shall continue to be registered subject to the provisions of this title.

(Code 1950, § 24-117; 1970, c. 462, § 24.1-69; 1993, c. 641.)

§ 24.2-451. Short title.

This chapter may be cited as the Uniform Military and Overseas Voters Act.

(2012, c. 353.)

Uniform law cross references. - As to provisions of other member states, see:

Colorado: C.R.S. 1-8.3-101 through 1-8.3-119.

District of Columbia: D.C. Code § 1-1061.01 et seq.

Hawaii: HRS § 15D-1 et seq.

Kentucky: KRS § 117A.005 et seq.

New Mexico: N.M. Stat. Ann. § 1-6 B-1 et seq.

North Carolina: N.C. Gen. Stat. §§ 163-258.1 through 163-258.31.

Oklahoma: 26 Okl. St. §§ 14-136 through 14-155.

Pennsylvania: 25 Pa.C.S. § 3501 et seq.

South Carolina: S.C. Code Ann. § 7-15-600 et seq.

Utah: Utah Code Ann. §§ 20A-16-101 through 20A-16-506.

Law review. - For annual survey of Virginia law article, "Election Law," see 47 U. Rich. L. Rev. 181 (2012).

§ 24.2-452. Definitions.

As used in this chapter, unless the context requires a different meaning:

1. "Covered voter" means:
   1. A uniformed-service voter or an overseas voter who is registered to vote in this state;
   2. A uniformed-service voter defined in subdivision 9 a whose voting residence is in this state and who otherwise satisfies this state's voter eligibility requirements;
   3. An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements;
   4. An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements; or
   5. An overseas voter who was born outside the United States, is not described in subdivision c or d, and, except for a state residency requirement, otherwise satisfies this state's voter eligibility requirements, if:
      1. The last place where a parent or legal guardian of the voter was, or under this chapter would have been, eligible to vote before leaving the United States is within this state; and
      2. The voter has not previously registered to vote in any other state.
2. "Dependent" means an individual recognized as a dependent by a uniformed service.
3. "Federal postcard application" means the application prescribed under § 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301(b)(2).
4. "Federal write-in absentee ballot" means the ballot described in § 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303, that may be used in all elections in which the voter is eligible to vote as provided in § 24.2-702.1 .
5. "Military-overseas ballot" means:
   1. A federal write-in absentee ballot;
   2. A ballot specifically prepared or distributed for use by a covered voter in accordance with this title; or
   3. A ballot cast by a covered voter in accordance with this title.
6. "Overseas voter" means a United States citizen who is outside the United States.
7. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
8. "Uniformed service" means:
   1. Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;
   2. The Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
   3. The Virginia National Guard.
9. "Uniformed-service voter" means an individual who is qualified to vote and is:
   1. A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty;
   2. A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;
   3. A member on activated status of the National Guard; or
   4. A spouse or dependent of a member referred to in this definition.
10. "United States," used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

    (2012, c. 353; 2015, c. 313; 2019, cc. 668, 669; 2020, cc. 1149, 1151, 1201.)

Editor's note. - At the direction of the Virginia Code Commission, "52 U.S.C. § 20301(b)(2)" was substituted for "42 U.S.C. § 1973ff(b)(2)" and "52 U.S.C. § 20303" was substituted for "42 U.S.C. § 1973ff-2" to conform to the editorial reclassification of Title 52, U.S.C., effective September 1, 2014.

Acts 2019, cc. 668 and 669, cl. 2 provides: "That the provisions of this act shall apply to elections beginning with the general election on November 3, 2020." Acts 2020, c. 1201, cl. 3 repealed clause 2 of Acts 2019, cc. 668 and 669.

The 2015 amendments. - The 2015 amendment by c. 313 deleted "including an early ballot authorized in § 24.2-702 " from the end of subdivision 5 b.

The 2019 amendments. - The 2019 amendments by cc. 668 and 669 are identical, and in subdivision 1 b, substituted "subdivision A 2" for "subdivision 2."

The 2020 amendments. - The 2020 amendments by cc. 1149, 1151, and 1201 are identical, and deleted "including subdivision A 2 of § 24.2-700 " at the end of subdivision 1 b.

§ 24.2-453. Restriction of ballot eligibility.

To be eligible to vote in state and local elections, the application of an overseas voter who has given up his place of abode in Virginia must show that the applicant is employed overseas or the spouse or dependent of a person employed overseas.

(2012, c. 353.)

§ 24.2-454. Elections covered.

The voting procedures in this chapter apply to:

1. A general, special, or primary election for federal office;
2. A general, special, or primary election for statewide or state legislative office or state referendum measure; and
3. A general, special, or primary election for local constitutional or government office or local referendum measure conducted under Chapter 6 (§ 24.2-600 et seq.) for which absentee voting is available for other voters. (2012, c. 353.)

§ 24.2-455. Role of Commissioner of Elections.

1. The Commissioner of Elections is the state official responsible for implementing this chapter and Virginia's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.
2. The Commissioner shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots. The Commissioner may delegate the responsibility under this subsection only to the state office designated in compliance with § 102(b)(1) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20302(b)(1).
3. The Commissioner shall coordinate with local electoral boards to establish an appropriate system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information under this chapter.
4. The Commissioner shall:
   1. Develop standardized absentee-voting materials, including privacy and transmission envelopes, authentication materials, and voting instructions to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in this state; and
   2. To the extent reasonably possible, coordinate with other states to carry out this subsection.
5. The Commissioner shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the voter's identity, eligibility to vote, status as a covered voter, and timely and proper completion of an overseas-military ballot. The declaration must be based on the declaration prescribed to accompany a federal write-in absentee ballot, as modified to be consistent with this chapter. The Commissioner shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.

   (2012, c. 353; 2013, c. 542.)

Editor's note. - At the direction of the Virginia Code Commission, "52 U.S.C. § 20301 et seq." was substituted for "42 U.S.C. § 1973ff et seq." and "52 U.S.C. § 20302(b)(1)" was substituted for "42 U.S.C. § 1973ff-1(b)(1)" to conform to the editorial reclassification of Title 52, U.S.C., effective September 1, 2014.

The 2013 amendments. - The 2013 amendment by c. 542, effective July 1, 2014, substituted "The Commissioner" for "The Secretary" throughout the section; and substituted "Commissioner" for "Secretary of the State Board" in subsection A.

§ 24.2-456. Overseas voter's registration address.

In registering to vote, an overseas voter who is eligible to vote in this state shall use and must be assigned to the voting precinct of the address of the last place of residence of the voter in this state or, in the case of a voter described by subdivision 1 e of § 24.2-452 , the address of the last place of residence in this state of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter must be assigned an address for voting purposes.

(2012, c. 353.)

§ 24.2-457. Methods of registering to vote.

1. To apply to register to vote, in addition to any other approved method, a covered voter may use a federal postcard application.
2. A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the applicable deadline for registration. If the declaration is received after that date, it must be treated as an application to register to vote for subsequent elections.
3. The electoral board shall ensure that the system described in subsection C of § 24.2-455 is capable of accepting both a federal postcard application and any other approved registration application sent to the appropriate election official. The voter may use the system or any other approved method to register to vote. (2012, c. 353.)

§ 24.2-458. Methods of applying for military-overseas ballot.

1. A covered voter who is registered to vote in this state may apply for a military-overseas ballot using either the regular absentee ballot application in use in the voter's jurisdiction under Chapter 7 (§ 24.2-700 et seq.) or the federal postcard application.
2. A covered voter who is not registered to vote in this state may use a federal postcard application to apply simultaneously to register to vote under § 24.2-457 and for a military-overseas ballot.
3. The electoral board shall ensure that the system described in subsection C of § 24.2-455 is capable of accepting the submission of both a federal postcard application and any other approved military-overseas ballot application sent to the appropriate election official. The voter may use the system or any other approved method to apply for a military-overseas ballot.
4. A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot.
5. To receive the benefits of this chapter, a covered voter must inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include:
   1. The use of a federal postcard application or federal write-in absentee ballot;
   2. The use of an overseas address on an approved voter registration application or ballot application; and
   3. The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter.
6. This chapter does not preclude a covered voter from voting under Chapter 7 (§ 24.2-700 et seq.). (2012, c. 353.)

§ 24.2-459. Timeliness and scope of application for military-overseas ballot.

An application for a military-overseas ballot is timely if received by the seventh day before the election or the last day for other voters in this state to apply for an absentee ballot for that election. An application for a military-overseas ballot for a primary election, whether or not timely, is effective as an application for a military-overseas ballot for the general election.

(2012, c. 353.)

§ 24.2-460. Transmission of unvoted ballots.

1. For an election described in § 24.2-454 for which this state has not received a waiver pursuant to § 579 of the Military and Overseas Voter Empowerment Act, 52 U.S.C. § 20302(g)(2), not later than 45 days before the election, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.
2. A covered voter may request that a ballot and balloting materials be sent to the voter as authorized in § 24.2-706 .
3. If a ballot application from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, the official charged with distributing a ballot and balloting materials shall transmit them to the voter not later than three business days after the application arrives.

   (2012, c. 353.)

Editor's note. - At the direction of the Virginia Code Commission, "52 U.S.C. § 20302(g)(2)" was substituted for "42 U.S.C. § 1973ff-1 (g)(2)" to conform to the editorial reclassification of Title 52, U.S.C., effective September 1, 2014.

§ 24.2-461. Federal write-in absentee ballot.

A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in § 24.2-454 .

(2012, c. 353.)

§ 24.2-462. Receipt of voted ballot.

A valid military-overseas ballot must be counted if it is delivered to the address that the appropriate state or local election office has specified by the close of the polls on the date of the election except as provided in § 24.2-709 .

(2012, c. 353.)

§ 24.2-463. Declaration.

A military-overseas ballot must include or be accompanied by a declaration signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of perjury under the laws of the United States or this state.

(2012, c. 353.)

§ 24.2-464. Confirmation of receipt of application and voted ballot.

The Commissioner, in coordination with local election officials, shall implement a free-access system by which a covered voter may determine whether:

1. The voter's federal postcard application or other registration or military-overseas ballot application has been received and accepted; and
2. The voter's military-overseas ballot has been received and the current status of the ballot.

   (2012, c. 353; 2013, c. 542.)

The 2013 amendments. - The 2013 amendment by c. 542, effective July 1, 2014, substituted "Commissioner" for "Secretary" in the introductory paragraph.

§ 24.2-465. Publication of election notice.

At least 100 days before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, the Department of Elections shall make election information available for each jurisdiction, to be used in conjunction with a federal write-in absentee ballot. The election notice must contain a list of all of the ballot measures and federal, state, and local offices that as of that date are expected to be on the ballot on the date of the election. The notice also must contain, or enable access to, specific instructions for how a voter is to indicate on the federal write-in absentee ballot the voter's choice for each office to be filled and for each ballot measure to be contested. Specific instructions may include a website address or a telephone number.

(2012, c. 353; 2015, c. 313.)

The 2015 amendments. - The 2015 amendment by c. 313 substituted "the Department of Elections" for "an official in each jurisdiction charged with printing and distributing ballots and balloting materials" and "each jurisdiction" for "that jurisdiction" in the first sentence and "are expected" for "the official expects" in the second sentence.

§ 24.2-466. Sending and updating notices.

1. A covered voter may request and upon such request the Department of Elections shall provide a copy of an election notice without cost to the voter. The Department of Elections shall send the notice to the voter using the method requested and to the address provided by the voter.
2. As soon as ballot styles are verified pursuant to § 24.2-612 and not later than the date ballots are required to be transmitted to voters under §§ 24.2-460 and 24.2-612 , the Department of Elections shall update the notice with the certified candidates for each office and ballot measure questions and make the updated notice publicly available.
3. A local election jurisdiction that maintains a website shall make the election notice prepared under § 24.2-465 and updated versions of the election notice regularly available on the website. (2012, c. 353; 2015, c. 313.)

The 2015 amendments. - The 2015 amendment by c. 313 rewrote subsection A, which read "A covered voter may request a copy of an election notice. The official charged with preparing the election notice shall send the notice to the voter"; in subsection B, deleted "by the State Board" preceding "pursuant to § 24.2-612 " and substituted "Department of Elections" for "official charged with preparing the election notice under § 24.2-465 ."

§ 24.2-467. Prohibition of nonsubstantive requirements.

1. If a voter's mistake or omission in the completion of a document under this chapter does not prevent determining whether a covered voter is eligible to vote, the mistake or omission does not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, does not invalidate a document submitted under this chapter. In a federal write-in absentee ballot authorized by this chapter, if the intention of the voter is discernible under this state's uniform definition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party must be accepted as a valid vote.
2. Notarization is not required for the execution of a document under this chapter. An authentication, other than the declaration specified in § 24.2-463 or the declaration on the federal postcard application and federal write-in absentee ballot, is not required for execution of a document under this chapter. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document. (2012, c. 353.)

§ 24.2-468. Equitable relief.

A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, this chapter on application by:

1. A covered voter alleging a grievance under this chapter; or
2. An election official in this state.

   (2012, c. 353.)

§ 24.2-469. Uniformity of application and constructions.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(2012, c. 353.)

§ 24.2-470. Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).

(2012, c. 353.)