Virginia Question 2, Remove Restriction on Residence for Surviving Spouse of Disabled Veteran Tax Exemption Amendment (2018)

Elections in Virginia, 2018

• General election: Nov. 6
• Voter registration deadline: Oct. 15
• Early voting: N/A
• Absentee voting deadline: Nov. 6

• Online registration: Yes
• Same-day registration: No
• Voter ID: Photo ID required
• Poll times: 6:00 a.m. to 7:00 p.m.

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On the ballot: U.S. Senate • U.S. House • Special state legislative • State ballot measures • School boards • Municipal • Democratic primaries • Republican primaries

Virginia Question 2
Election date November 6, 2018
Topic Taxes and Veterans
Status a Approved
Type Constitutional amendment	Origin State legislature
List of Virginia measuresVirginia Question 1Virginia Question 2Submit

Virginia Question 2, the Remove Restriction on Residence for Surviving Spouse of Disabled Veteran Tax Exemption Amendment, was on the ballot in Virginia as a legislatively referred constitutional amendment on November 6, 2018. It was approved.

A "yes" vote supported amending the state constitution to remove a restriction on where the surviving spouse of a disabled military veteran may have his or her principal place of residence in order to receive a property tax exemption.

A "no" vote opposed amending the state constitution to remove a restriction on a property tax exemption for the surviving spouse of a disabled military veteran, thereby leaving in place the requirement that the surviving spouse cannot move to a new residence and still qualify for the exemption.

Election results

Virginia Question 2
Result		Votes	Percentage
Yes		2,755,941	84.37%
No		510,399	15.63%

Results are officially certified.

Source

Overview

Measure design

Going into the election, the constitution required that the surviving spouse continue to reside in the place of residence of his or her deceased spouse. Question 2 amended the state constitution to state that no restrictions exist on the surviving spouse's ability to receive the property tax exemption and move to a new principal place of residence.

How did this measure get on the ballot?

Rep. Jason S. Miyares (R-82) introduced the amendment into the Virginia General Assembly as House Joint Resolution 562 on December 23, 2016. The house of representatives approved the amendment in a vote of 95 to 0 on February 6, 2017. On February 17, 2017, the Virginia Senate passed the amendment, 39 to 0.

Text of measure

Ballot question

The question on the ballot was as follows:

“

Shall the real property tax exemption for a primary residence that is currently provided to the surviving spouses of veterans who had a one hundred percent service-connected, permanent, and total disability be amended to allow the surviving spouse to move to a different primary residence and still claim the exemption?

”

Constitutional changes

See also: Article X, Virginia Constitution

The measure amended Section 6-A(a) of Article X of the Virginia Constitution. The following underlined text was added and the struck-through text was deleted:

Section 6-A. Property tax exemption for certain veterans and their surviving spouses and surviving spouses of soldiers killed in action.

(a) Notwithstanding the provisions of Section 6, the General Assembly by general law, and within the restrictions and conditions prescribed therein, shall exempt from taxation the real property, including the joint real property of husband and wife, of any veteran who has been determined by the United States Department of Veterans Affairs or its successor agency pursuant to federal law to have a one hundred percent service-connected, permanent, and total disability, and who occupies the real property as his or her principal place of residence. The General Assembly shall also provide this exemption from taxation for real property owned by the surviving spouse of a veteran who was eligible for the exemption provided in this section, so long as the surviving spouse does not remarry and continues to occupy the real property as his or her principal place of residence. This exemption applies to the surviving spouse's principal place of residence without any restriction on the spouse's moving to a different principal place of residence.

Readability score

See also: Ballot measure readability scores, 2018

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 26, and the FRE is 1. The word count for the ballot title is 51, and the estimated reading time is 13 seconds. In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Sponsors

Question 2 was sponsored by Del. Jason S. Miyares (R-82), who introduced the amendment into the legislature as House Joint Resolution 562 on December 23, 2016.

Media editorials

See also: 2018 ballot measure media endorsements

Support

• The Free Lance-Star said: "This proposed tax exemption amendment makes a lot more sense. The U.S. has an all-volunteer military, and a promise to take care of warriors’ families if they are wounded in battle is a small price to pay for their service to our nation. The surviving spouse of a totally disabled veteran has already made an enormous sacrifice that far exceeds any property tax exemption. Requiring them to remain in the same residence to claim such an exemption when their needs may have changed seems churlish and ungrateful.."

Opposition

Ballotpedia did not identify any media editorials opposing the measure. If you are aware of one, please send an email with a link to editor@ballotpedia.org.

Campaign finance

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

See also: Campaign finance requirements for Virginia ballot measures

Ballotpedia did not identify ballot measure committees registered to support or oppose the amendment.

Background

Section 6-A of the Virginia Constitution

Section 6-A(a)

Going into the election, Section 6-A(a) of Article X of the Virginia Constitution allowed surviving spouses of armed forces members and certain emergency services responders who are killed in action or totally disabled in the line of duty to claim a property tax exemption as long as they do not remarry or move to a new primary place of residence. Section 6-A was ratified by the citizens of Virginia on November 2, 2010, and went into effect on January 1, 2011.

Section 6-A(a) is as follows:

“

Section 6-A. Property tax exemption for certain veterans and surviving spouses of soldiers killed in action. (a) Notwithstanding the provisions of Section 6, the General Assembly by general law, and within the restrictions and conditions prescribed therein, shall exempt from taxation the real property, including the joint real property of husband and wife, of any veteran who has been determined by the United States Department of Veterans Affairs or its successor agency pursuant to federal law to have a one hundred percent service-connected, permanent, and total disability, and who occupies the real property as his or her principal place of residence. The General Assembly shall also provide this exemption from taxation for real property owned by the surviving spouse of a veteran who was eligible for the exemption provided in this subdivision, so long as the surviving spouse does not remarry and continues to occupy the real property as his or her principal place of residence.

”

The Virginia Department of Veterans Services explained what Section 6-A(a) means for veterans as follows:

“

This means, if the application is approved, localities must exempt from taxation: The dwelling that is the principal residence of the qualifying veteran and up to one acre of land (or more if an exemption for greater than one acre is provided to elderly and handicapped persons). Owned by a Veteran with a 100% service-connected, permanent and total disability, who is/was alive on or after Jan. 1, 2011 Or the surviving spouse of such veterans, (§ 58.1-3219.5) Or the surviving spouse of any member of the United States armed forces who was killed in action, which includes the DOW designation. (§ 58.1-3219.9) Veterans rated at less than 100% but who the VA rates at 100% due to individual unemployability AND are rated “permanent and total” qualify for the exemption. The exemption shall remain provided that the disabled veteran or surviving spouse Occupies the real property as their principal place of residence; For surviving spouses, provided they do not remarry. For surviving spouses of 100% disabled veterans, provided they do not relocate to a new primary residence For surviving spouses of KIA/DOW, they are allowed to move and take the exemption with them

”

Section 6-A(b)

Paragraph (b) was added to Section 6-A of the Virginia Constitution on November 4, 2014, and went into effect on January 1, 2015. It contains a provision which allows the surviving spouses of any member of the U.S. armed forces killed in action to receive a property tax exemption even if the spouse moves to a new principal place of residence.

Section 6-A(b) is as follows:

“

(b) Notwithstanding the provisions of Section 6, the General Assembly by general law, and within the restrictions and conditions prescribed therein, may exempt from taxation the real property of the surviving spouse of any member of the armed forces of the United States who was killed in action as determined by the United States Department of Defense, who occupies the real property as his or her principal place of residence. The exemption under this subdivision shall cease if the surviving spouse remarries and shall not be claimed thereafter. This exemption applies regardless of whether the spouse was killed in action prior to the effective date of this subdivision, but the exemption shall not be applicable for any period of time prior to the effective date. This exemption applies to the surviving spouse's principal place of residence without any restriction on the spouse's moving to a different principal place of residence and without any requirement that the spouse reside in the Commonwealth at the time of death of the member of the armed forces.

”

What the amendment changed

This proposed amendment removed the restriction (in paragraph (a) of Section 6-A) on surviving spouses of disabled veterans to allow them to claim the real property tax exemption if the surviving spouse moves to a new principal place of residence.

Definition of real property

Real property can be defined as "the interest, benefits, and rights inherent in the ownership of land and anything permanently attached to the land or legally defined as immovable."

Path to the ballot

See also: Amending the Virginia Constitution

In Virginia, a constitutional amendment needs to be passed by a simple majority vote in both chambers of the state legislature over two consecutive legislative sessions to be certified for the ballot.

2017 legislative session

Rep. Jason S. Miyares (R-82) introduced the amendment into the legislature as House Joint Resolution 562 on December 23, 2016. The house of representatives approved the amendment, 95 to 0, with four representatives not voting, on February 6, 2017. On February 17, 2017, the senate passed the amendment, 39 to 0, with one senator not voting.

Vote in the Virginia House of Delegates February 6, 2017
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	95	0	4
Total percent	95.96%	0%	4.04%
Democrat	33	0	0
Republican	66	0	4

Vote in the Virginia State Senate February 17, 2017
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 21  a
	Yes	No	Not voting
Total	39	0	1
Total percent	97.50%	0.00%	2.50%
Democrat	19	0	0
Republican	20	0	1

2018 legislative session

This amendment was introduced in the 2018 session as House Joint Resolution 6. On February 7, 2018, it was approved in the state House. On March 5, 2018, the state Senate unanimously approved HJR 6, certifying it for the ballot.

Vote in the Virginia House of Delegates February 8, 2018
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 50  a
	Yes	No	Not voting
Total	99	0	1
Total percent	99%	0%	1%
Democrat	48	0	1
Republican	51	0	0

Vote in the Virginia State Senate March 5, 2018
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 21  a
	Yes	No	Not voting
Total	40	0	0
Total percent	100.00%	0.00%	0.00%
Democrat	19	0	0
Republican	21	0	0

How to cast a vote

See also: Voting in Virginia

Poll 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.

Registration requirements

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.

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

“	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	”
—Virginia Department of Elections

The deadline to register is the 11th day before a primary or general election, but a voter may register to voter after this deadline through the state's same-day registration system and vote a provisional ballot.

Automatic registration

On April 12, 2020, Governor Ralph Northam (D) signed SB219 into law, establishing automatic voter registration for individuals conducting business with the Department of Motor Vehicles.

Online registration

See also: Online voter registration

Virginia has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Virginia allows same-day voter registration in-person at local registrars' offices, satellite early voting sites during the early voting period, and at the precinct on Election Day.

Residency requirements

To register to vote in Virginia, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Virginia does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who makes a materially false statement may be "sentenced to up to 10 years in prison, or up to 12 months in jail and/or fined up to $2,500."

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

This page, run by the Virginia Department of elections, allows residents to check their voter registration status online.

Voter ID requirements

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."

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

• 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

See also

Suggest a link

• 2018 ballot measures
• Virginia 2018 ballot measures
• Virginia Legislature

External links

• Virginia House Joint Resolution 562
• Virginia Proposed Constitutional Amendments 2018