Voting in Virginia

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Election Information
Voting in 2023
Voter registration
Early voting
Absentee/mail-in voting
All-mail voting
Voter ID laws
State poll opening and closing times

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Select a state from the menu below to learn more about its voting policies.

The policies governing voter participation are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which people cast their ballots in their respective states.

This article includes the following information about voting policies in Virginia:

See Election administration in Virginia for more additional information about election administration in the state, including voter list maintenance policies, provisional ballot rules, and post-election auditing practices.

Do you have questions about your elections? Looking for information about your local election official? Click here to use U.S. Vote Foundation’s election official lookup tool.

Voter registration

Eligibility and registration details

Check your voter registration status here.

To vote in Virginia, one must be a United States citizen, a resident of Virginia, and at least 18 years of age.[1]

Registration can be completed online, in person at a local voter registration office, or by mail. Voters can also register at the following locations:[1]

  • State or local government offices when applying or re-certifying for Aid to Dependent Children, Food Stamps, WIC, Medicaid, or Rehabilitation Services
  • Government offices in the state that provide state-funded programs primarily engaged in providing services to persons with disabilities
  • Armed forces recruitment offices
  • Public libraries
  • Virginia Department of Elections office
  • Department of Motor Vehicles offices
  • Voter registration drives[2]
—Virginia Department of Elections

The deadline to register is 22 days before a primary or general election.[1]


In-person voting

Poll times

See also: State poll opening and closing times

In Virginia, all polls open from 6 a.m. to 7 p.m. Eastern Time. An individual who is in line at the time polls close must be allowed to vote.[3]

Voter identification

See also: Voter identification laws by state

According to the Department of Elections website, "All voters casting a ballot in-person will be asked to show one form of identification. Any voter who does not present acceptable identification may instead sign a statement, subject to felony penalties, that they are the named registered voter who they claim to be. Any voter who does not present acceptable identification or sign this statement must vote a provisional ballot."[4][5]

The following documents were considered acceptable identification for voting as of May 2023:[4]

  • Virginia driver's license or DMV-issued ID card
  • Valid employee ID, containing a photo, issued by the voter's employer in ordinary course of business
  • U.S. military ID
  • Valid student ID, containing a photo, issued by any public or private school college, or university
  • Valid student ID issued by a public or private school high school, college, or university in Virginia (with or without a photo)
  • Valid U.S. passport or passport card
  • ID card issued by the federal government or a Virginia state or local authority.
  • Voter ID card issued by the department of elections
  • Voter confirmation documents
  • Valid tribal enrollment or ID issued by one of the 11 tribes recognized in Virginia
  • Government nursing home resident ID
  • Any other current government document containing the name and address of the voter
  • Signed ID Confirmation Statement


Early voting

See also: Early voting

On April 12, 2020, Governor Ralph Northam (D) signed HB1/SB111 into law, establishing no-excuse early voting 45 days prior to an election. The legislation took effect in the November 3, 2020 election. On March 19, 2021, Northam signed HB1968 into law, which allowed local election officials to offer early voting on Sundays.[6][7]

Absentee/mail-in voting

See also: Absentee/mail-in voting

All Virginia voters are eligible to vote absentee/by mail. There are no special requirements to be eligible to vote absentee/by mail. Voters may request an absentee ballot online or complete a paper absentee ballot request form and return it to their local voter registration office by mail, fax, or email. Applications must be received by 5 p.m. at least 11 days before Election Day.[8][9]

Completed ballots must be returned to the local registrar's office or an official drop off location by 7 p.m. on Election Day. If mailed, completed ballots must be postmarked by Election Day and received within three days of the election in order to be counted.[8]

On April 12, 2020, Governor Ralph Northam (D) signed HB1 and SB111 into law, establishing no-excuse absentee voting 45 days prior to an election. The legislation was in effect for the November 3, 2020 election.[6]

On the same day, Northam also signed HB238 and SB455, providing for absentee ballots postmarked on or before the date of an election to be counted if received by noon on the third day after the election.[6]


Local election officials


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Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool.


Voting rules for people convicted of a felony

See also: Voting rights for convicted felons

According to Virginia's constitution, people convicted of a felony lose their civil rights, including their right to vote, regaining them only with a pardon from the governor or another appropriate authority on an individual basis.

To restore their voting rights, individuals may apply for restoration of their civil rights from the governor in the manner established by the contemporaneous administration. The Department of Corrections must provide information on these procedures–click here for more information. People convicted of a felony may also petition the courts for a restoration of their civil rights. To learn more about this process, click here.[10]

Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[11]


Election agencies

Seal of the U.S. Election Assistance Commission
See also: State election agencies

Individuals seeking additional information about voting provisions in Virginia can contact the following state and federal agencies.

Virginia Department of Elections

Washington Building, First Floor
1100 Bank Street
Richmond, Virginia 23219
Telephone: 804-864-8901
Email: info@elections.virginia.gov

U.S. Election Assistance Commission

633 3rd Street NW, Suite 200
Washington, DC 20001
Telephone: 301-563-3919
Toll free: 1-866-747-1471

Noteworthy events

2021

HB1968, HB1921, and HB1888

On June 28, 2021, Governor Ralph Northam (D) signed the following bills into law, making a series of changes to Virginia's election administration procedures:[12]

  • HB1968: This bill authorized local election officials to make in-person early voting available on Sundays.[13]
  • HB1921: This bill established that voters with permanent or temporary disabilities can vote outside of a polling place. The bill also established that any voter can vote outside of a polling place "during a declared state of emergency related to a communicable disease of public health threat."[14]
  • HB1888: This bill established that election officials must begin processing absentee/mail-in ballots before Election Day. Processing includes "verifying the correct completion of the voter affirmation statement," and the bill established that voters must be a afforded an opportunity to correct issues with their voter affirmation statements. The bill also established that drop-off locations must be made available for the return of absentee/mail-in ballots.[15]

SB1395

On April 7, 2021, SB1395, legislation prohibiting discrimination in voting and election administration on the basis of race, was enacted into law. According to a bill summary prepared by Virginia's Legislative Information System, SB1395 made the following modifications to Virginia's election laws:[16]

  • "The bill ... prohibits at-large methods of election from being imposed or applied in a locality in a manner that impairs the ability of a protected class, defined in the bill, to elect candidates of its choice or to influence the outcome of an election, by diluting or abridging the rights of voters who are members of a protected class."
  • "Prior to enacting or administering a covered practice, defined in the bill, the governing body of a locality is required to publish the proposed covered practice and accept public comment for a minimum of 30 days on the proposed covered practice; after the public comment period, a 30-day waiting period is required. During this period, any person who will be subject to or affected by the covered practice may challenge 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. The bill permits the local governing body to instead submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection and, once such certification is issued, to enact or administer the covered practice."
  • "The bill authorizes the Attorney General to commence civil actions when there is reasonable cause to believe that a violation of an election law has occurred and the rights of any voter or group of voters have been affected by the violation."

The Virginia State Senate adopted the bill on February 5, 2021. The Virginia House of Delegates followed suit on February 15, 2021. On March 31, 2021, Governor Ralph Northam (D) recommended amendments to the law. On April 7, 2021, the Senate voted 21-19 to accept these amendments, with all Democrats voting in favor and all Republicans in opposition. That same day, the House also agreed to the governor's amendments, with the chamber's 55 Democrats voting in favor and its 45 Republicans in opposition. [16]

Northam said, "At a time when voting rights are under attack across our country, Virginia is expanding access to the ballot box, not restricting it. With the Voting Rights Act of Virginia, our Commonwealth is creating a model for how states can provide comprehensive voter protections that strengthen democracy and the integrity of our elections. I am proud to support this historic legislation, and I urge Congress to follow Virginia’s example." State Senator Jill Vogel (R), who voted against the bill, said, "Consider if every locality, for every decision they made, was subject to some kind of litigation and somebody trying to impugn the integrity of their decision-making. It is a full employment act for lawyers."[17][18]

2020

On April 12, 2020, Governor Ralph Northam (D) signed the following bills into law, all of which had some impact on election administration procedures in Virginia:[6]

  • HB1/SB111: Established no-excuse early voting 45 days prior to an election.
  • HB19/SB65: Repealed the state's photo identification requirement for voters.
  • HB108/SB601: Established Election Day as a state holiday.
  • HB235/SB219: Established automatic voter registration for individuals conducting business with the Department of Motor Vehicles.
  • HB238/SB455: Provided for absentee ballots postmarked on or before the date of the election to be counted if received by noon on the third day after the election.
  • HB1678: Extended the poll closing time for in-person voting from 7:00 p.m. to 8:00 p.m.

2017

On March 15, 2017, Virginia Governor Terry McAuliffe (D) vetoed two election policy bills, HB 2343 and SB 872. HB 2343 would have required the Virginia Department of Elections to submit to local registrars lists of voters identified as having been registered to vote in another state. HB 2343 was sponsored by Delegate Robert Bell (R), who said, "Information would be provided to the general registrars from each county or city when it's found that one of their voters is also registered in another state, and it gives them the liberty to do what they want to do with that information." McAuliffe vetoed the bill, saying, "This bill would invite confusion and increase the possibility of violating federal law. Moreover, it would expose eligible and properly registered Virginians to the risk of improper disenfranchisement." SB 872, which was sponsored by Senator Amanda Chase (R), would have required a voter applying for an absentee ballot by mail, fax, telephone, or electronic transmission to submit a copy of a photo ID. The bill would have exempted military and overseas voters, as well as voters with disabilities. SB 872 was identical to HB 1428, which was vetoed by McAuliffe on March 3, 2017.[19][20][21][22]

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See also

Elections in Virginia


External links

Footnotes

  1. 1.0 1.1 1.2 Virginia Department of Elections, "How to Register," accessed May 3, 2023
  2. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. Virginia Department of Elections, "Election and Voter FAQ," accessed May 3, 2023
  4. 4.0 4.1 Voter identification, "Voting on Election Day," accessed May 3, 2023
  5. Virginia Department of Elections, "Voting on Election Day," accessed May 3, 2023
  6. 6.0 6.1 6.2 6.3 Office of the Governor of Virginia, "Governor Northam Signs Sweeping New Laws to Expand Access to Voting," April 12, 2020
  7. The Richmond Times-Dispatch, "Northam signs bill to allow early voting on Sundays," March 19, 2021
  8. 8.0 8.1 Virginia Department of Elections, "Absentee and Early Voting," accessed May 3, 2023
  9. Virginia Department of Elections, "Virginia Absentee Ballot Application Form,"accessed May 3, 2023
  10. Secretary of the Commonwealth, "Restoration of Rights," accessed May 3, 2023
  11. National Conference of State Legislatures, "Felon Voting Rights," April 6, 2023
  12. NBC 29, "Northam signs legislation to increase voter access," June 28, 2021
  13. Virginia's Legislative Information System, "HB1968," accessed July 12, 2021
  14. Virginia's Legislative Information System, "HB1921," accessed July 12, 2021
  15. Virginia's Legislative Information System, "HB1888," accessed July 12, 2021
  16. 16.0 16.1 Virginia's Legislative Information System, "SB 1395 Discrimination; prohibited in voting and elections administration, etc.," accessed April 9, 2021
  17. Richmond Times-Dispatch, "Officials discuss impact of new Voting Rights Act of Virginia," April 7, 2021
  18. Virginia Mercury, "Virginia is set to become the first southern state with its own voting rights act. Here’s what it does." March 12, 2021
  19. WTKR.com, "McAuliffe vetoes bills he says could restrict voting rights," March 16, 2017
  20. Virginia's Legislative Information System, "HB 2343 Voter registration list maintenance; voters identified as having duplicate registrations," accessed March 17, 2017
  21. Virginia's Legislative Information System, "SB 872 Absentee voting; applications and ballots; photo identification required," accessed March 17, 2017
  22. Virginia's Legislative Information System, "HB 1428 Absentee voting; photo identification required with application," accessed March 17, 2017