Voting in Virginia
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Contents
- 1 Voter registration
- 2 Voting in elections
- 3 Absentee voting
- 4 Early voting
- 5 Convicted felons' voting rights
- 6 Election administration costs
- 7 Election agencies
- 8 Noteworthy events
- 9 Election policy ballot measures
- 10 Election policy legislation
- 11 Recent news
- 12 See also
- 13 External links
- 14 Footnotes
Voting policies 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 American citizens cast their ballots in their individual states.
This page includes the following:
- Voter registration details, including methods of registering and requirements
- Details on voting in elections, including identification requirements, poll times, and primary election type
- Absentee/mail-in voting rules[1]
- Early voting rules
- Convicted felons' voting rights
- Election administration costs report
- Election agencies list
- Election policy ballot measures list
- Election policy legislation list
Voter registration
To vote in Virginia, one must be a United States citizen, a resident of Virginia, and at least 18 years of age.[2]
Registration can be completed online, in person at a local voter registration office, or by mail. Voters can also register at the following locations:[2]
| “ |
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| —Virginia Department of Elections | ||
The registration deadline is 22 days before any primary or general election. The deadline is 14 days before any special election.[2]
Automatic registration
On April 12, 2020, Governor Ralph Northam (D) signed HB235/SB219 into law, establishing automatic voter registration for individuals conducting business with the Department of Motor Vehicles.[4]
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 does not allow same-day voter registration.
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
Virginia does not require proof of citizenship for voter registration.
Verifying your registration
This page, run by the Virginia Department of elections, allows residents to check their voter registration status online.
Voting in elections
Voter identification
- See also: Voter identification laws by state
On April 12, 2020, Governor Ralph Northam (D) signed HB19/SB65 into law, rescinding the state's photo identification requirement for voters and replacing it with a non-photo identification requirement. Under the law, a voter is required to present one of the following:[4][5]
- voter registration confirmation documents
- valid Virginia driver's license
- valid United States passport
- any other identification issued by the Commonwealth, one of its political subdivisions, or the United States
- any valid student identification card issued by any institution of higher education located in the Commonwealth or any private school located in the Commonwealth
- any valid student identification card issued by any institution of higher education located in any other state or territory of the United States
- any valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer's business
- a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter
As of April 2021, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 21 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[6][7]
Poll times
- See also: State poll opening and closing times
In Virginia, all polls open from 6 a.m. to 7:00 p.m. Eastern Time. An individual who is in line at the time polls close must be allowed to vote.[8][4]
Primary election type
- See also: Primary elections in Virginia
A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. Virginia utilizes an open primary process in which registered voters do not have to be members of a party to vote in that party's primary.[9][10][11][12]
Absentee voting
- See also: Absentee voting
On April 12, 2020, Governor Ralph Northam (D) signed HB1/SB111 into law, establishing no-excuse absentee voting 45 days prior to an election. The legislation was set to take effect in the November 3, 2020 election.[4]
On the same day, Northam also signed HB238/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.[4]
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.[4][13]
As of April 2021, 38 states and the District of Columbia permitted early voting. Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit early voting, a voter does not have to provide an excuse for being unable to vote on election day. States that do not permit early voting still permit some or all citizens to vote early by mail—often known as absentee voting. Some states allow no-excuse absentee voting, while others require an excuse. States that allow in-person absentee voting without an excuse are counted among early voting states. Click here for early voting laws by state.[14]
Convicted felons' voting rights
- See also: Voting rights for convicted felons
According to Virginia's constitution, individuals 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. Individuals with felony convictions may also petition the courts for a restoration of their civil rights. To learn more about this process, click here.
Voting rights for convicted felons vary from state to state. In the majority of states, convicted felons cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[15][16][17]
Election administration costs
National Conference of State Legislatures report, 2018
On February 14, 2018, the National Conference of State Legislatures (NCSL) released a report on the costs of election administration in the states: "The Price of Democracy: Splitting the Bill for Elections." The report's authors noted that "no one knows how much [states] spend on elections ... [because] good research on election costs is slim." Generally, local units of government (most often counties, but sometimes cities and towns) are primarily responsible for election administration costs, though states and the federal government may also contribute. The report identified the states listed in the table below as assuming financial responsibility for at least some aspects of election administration.[18]
To access the complete NCSL report, click here.
| Election administration costs assumed by state | |||
|---|---|---|---|
| State pays all expenses for federal or state elections | State bears a portion of election costs | State pays for statewide special elections or statewide elections that don’t coincide with regularly scheduled elections | State pays for primary elections (statewide, presidential, or both) |
| Alaska Delaware |
Alabama Colorado Hawaii Kentucky Louisiana Rhode Island |
Arkansas Florida Iowa Michigan Missouri New Jersey North Dakota Ohio Oregon Pennsylvania Tennessee Washington West Virginia |
Arizona Arkansas Idaho Kansas Michigan Minnesota Missouri South Carolina Tennessee Texas Virginia Washington |
| Note: If a state is not listed above, it was not included in the report. Source: National Conference of State Legislatures, "The Price of Democracy: Splitting the Bill for Elections," February 14, 2018 | |||
Election agencies
- 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
- 1335 East West Highway, Suite 4300
- Silver Spring, Maryland 20910
- Telephone: 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:[19]
- HB1968: This bill authorized local election officials to make in-person early voting available on Sundays.[20]
- 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."[21]
- 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.[22]
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:[23]
- "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. [23]
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."[24][25]
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:[4]
- 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.[26][27][28][29]
Election policy ballot measures
Ballotpedia has tracked the following ballot measures relating to election and campaign policy in Virginia.
Election policy legislation
The following is a list of recent election bills that have been introduced in or passed by the Virginia state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Recent news
The link below is to the most recent stories in a Google news search for the terms Virginia voting. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
Elections in Virginia
- Virginia elections, 2022
- Virginia elections, 2021
- Virginia elections, 2020
- Virginia elections, 2019
- Virginia elections, 2018
- Virginia elections, 2017
- Virginia elections, 2016
- Virginia elections, 2015
- Virginia elections, 2014
External links
Footnotes
- ↑ We use the term "absentee/mail-in voting" to describe systems in which requests or applications are required. We use the term "all-mail voting" to denote systems where the ballots themselves are sent automatically to all voters. We use the hyphenate term for absentee voting because some states use “mail voting” (or a similar alternative) to describe what has traditionally been called "absentee voting."
- ↑ 2.0 2.1 2.2 Virginia Department of Elections, "How to Register," accessed October 8, 2019
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 Office of the Governor of Virginia, "Governor Northam Signs Sweeping New Laws to Expand Access to Voting," April 12, 2020
- ↑ Virginia's Legislative Information System, "HB 19 Voter identification; signed statement in lieu of required form of identification, penalty." accessed April 20, 2020
- ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," June 5, 2017
- ↑ The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
- ↑ Virginia Department of Elections, "Election and Voter FAQ," accessed December 22, 2019
- ↑ NCSL,"State Primary Election Types," accessed October 25, 2019
- ↑ FairVote,"Primaries," accessed October 25, 2019
- ↑ Ballotpedia research conducted December 26, 2013, through January 3, 2014, researching and analyzing various state websites and codes.
- ↑ Virginia Department of Elections,"Casting a Ballot," accessed October 25, 2019
- ↑ The Richmond Times-Dispatch, "Northam signs bill to allow early voting on Sundays," March 19, 2021
- ↑ National Conference of State Legislatures, "State Laws Governing Early Voting," August 2, 2019
- ↑ Secretary of the Commonwealth Restoration of Rights, "ARE YOUR RIGHTS RESTORED?," accessed October 21, 2019
- ↑ National Conference of State Legislatures, "Felon Voting Rights," accessed July 15, 2014
- ↑ American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed September 13, 2019
- ↑ National Conference of State Legislatures, "The Price of Democracy: Splitting the Bill for Elections," February 14, 2018
- ↑ NBC 29, "Northam signs legislation to increase voter access," June 28, 2021
- ↑ Virginia's Legislative Information System, "HB1968," accessed July 12, 2021
- ↑ Virginia's Legislative Information System, "HB1921," accessed July 12, 2021
- ↑ Virginia's Legislative Information System, "HB1888," accessed July 12, 2021
- ↑ 23.0 23.1 Virginia's Legislative Information System, "SB 1395 Discrimination; prohibited in voting and elections administration, etc.," accessed April 9, 2021
- ↑ Richmond Times-Dispatch, "Officials discuss impact of new Voting Rights Act of Virginia," April 7, 2021
- ↑ 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
- ↑ WTKR.com, "McAuliffe vetoes bills he says could restrict voting rights," March 16, 2017
- ↑ Virginia's Legislative Information System, "HB 2343 Voter registration list maintenance; voters identified as having duplicate registrations," accessed March 17, 2017
- ↑ Virginia's Legislative Information System, "SB 872 Absentee voting; applications and ballots; photo identification required," accessed March 17, 2017
- ↑ Virginia's Legislative Information System, "HB 1428 Absentee voting; photo identification required with application," accessed March 17, 2017
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