NEW VIRGINA VOTING LAWS
PRE-ELECTION
LOGISTICAL CHANGES
ABSENTEE VOTING
ELECTION DAY
HB 2125
(Effective October 1, 2022)
Permits voter preregistration for Virginia citizens who are 16 years of age or older and are otherwise qualified to register to vote. ELECT will be required to automatically register these individuals at 18.
HB 2020
(Effective January 1, 2024)
Restricts political parties from selecting a candidate nomination method if it will have the practical effect of excluding participation in the nominating process by qualified voters who are unable to attend meetings for a variety of reasons.
HB 1810
(Effective July 1)
Grants authority to the Governor of Virginia to extend the voter registration deadline in the event that a failure of the Virginia online voter registration system occurs prior to the close of registration.
HB 1890/ SB 1395
(Effective July 1)
Requires local governing bodies to conduct the following when enacting a “covered practice”:
- Present the proposed change in advance for public comment for a minimum of 30 days;
- Conduct at least one public hearing: and
- Wait an additional 30 days following the public comment period before the proposed change becomes effective.
The alternative is to receive a certification of no objection from the Office of the Attorney General.
Covered practices include:
- Any change to the boundaries of election districts or wards in the locality, including changes related to redistricting;
- Any change that limits or impairs the creation or distribution of voting and election materials in any language other than English;
- Any change that reduces, consolidates, or relocates polling places in the covered locality, except where permitted in the event of emergency;
Covered practices include:
Any change to the method of election of members of a governing body or an elected school board by adding seats elected at large; and
Any change, or series of changes within a 12-month period to the boundaries of a 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.
HB 1890/SB 1395
(Effective September 1)
Requires the State Board of Elections to designate a county, city, or town as a covered locality if the locality meets one of three criteria.
- Based on census data that is reviewed in five-year increments.
The covered locality will be required to provide voting and election materials in the language of the applicable minority group(s)
SB 1148
(Effective January 1, 2022)
Changes the date for primary elections from the second Tuesday in June to the third Tuesday in June
SB 1157
(Effective July 1)
Shifts all municipal elections from May to November
Requires governing body to pass an ordinance to make it effective
SB 1281
(Effective July 1)
Allows localities with a population of less than 50,000 to appoint a general registrar who is a citizen of the Commonwealth instead of a citizen of the locality
Current population limit is 25,000
HB 1931
(Effective July 1)
Reasons added for member of a public body to meet electronically:
- Family member’s medical condition that requires the member to provide care
- (temporary or permanent disability already in law)
Can participate electronically in two meetings per year (current law) or 25% of the meeting held per calendar year, whichever is greater (new law) for personal reasons
HB 1888 / SB 1245 / SB 1331
(Effective July 1)
Removes the requirement for first-time voters who registered by mail to vote in person on Election Day.
- These voters are still subject to HAVA ID requirements
Requires absentee ballots that are cast early in person to be reported separately from other absentee ballots cast
Mandates providing pre-paid postage for all absentee ballots return envelopes
Allows for the authorization of an emergency absentee ballot for voters who cannot vote in person on Election Day due to the hospitalization, illness, or death of a loved one.
Requires voters enrolled on the special absentee voter applicant list on or before June 30, 2021, to be automatically enrolled on the permanent absentee voter list.
Codifies the establishment of drop-off locations:
- Office of the general registrar
- Each voter satellite office in a locality
- Each polling place on Election Day
- Additional locations at the general registrar’s discretion
Creates a formalized cure process for absentee ballots
- Voter must be notified within 3 days once an error is discovered
ELECT must convene a work group to evaluate sorting and reporting AB election results by individual precinct
Allows voters with a visual impairment or print disability to electronically receive and mark an absentee ballot using a screen-assisted ballot making tool
One envelope is required to have a tactile marking that allows the voter to identify which envelope is the outer envelope when returning their ballot
HB 1968
(Effective July 1)
Allows the electoral board or general registrar of a locality to provide absentee voting in person in the office of the general registrar or voter satellite office on Sundays during the early voting period
SB 1097
(Effective July 1)
Witness signature not required during a declared state of emergency related to a communicable disease of public health threat
ELECT must convene a workgroup to evaluate alternatives to the witness signature requirement by July 31
SB 1239
(Effective July 1)
General registrars may contract with a third party for the printing, assembly, and mailing of absentee ballots
Regulations required to implement the provisions of this bill will be presented at the June 22 State Board of Elections meeting
SB 1111
(Effective July 1)
Removes the power of officers of election to appoint an individual who is not a law-enforcement officer to have all the powers of a law-enforcement officer within the polling place
HB 2081
(Effective July 1)
Prohibits any person from knowingly possessing a firearm within 40 feet of any building used as a polling place, including one hour before and one hour after its use
HB 1921
(Effective July 1)
Expands curbside voting to all Virginians during a declared state of emergency related to a communicable disease of public health threat
Clarifies “physical disability” to include:
- Permanent physical disability
- Temporary physical disability
- Injury
Signage required to provide instructions on how to notify an officer of election
ELECT to prescribe form and content of the signage
Voter cannot be required to enter the polling place to alert an officers of election
HB 2198
(Effective January 1, 2022)
Requires localities that impose district-based or ward-based residency requirements for members of a governing body or school board, to restrict the election of those candidates to the qualified voters of that district or ward