Laws governing local ballot measures in Virginia: Difference between revisions
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This page describes the state constitutional provisions and statutes that govern local ballot measures in Virginia. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters. | |||
<div style="font-size:1em; line-height: 1.4;">Explore the links below for more information:</div> | |||
* [[#Law|Laws addressing local ballot measure powers in Virginia]] | |||
* [[#General|General requirements for local ballot measures]] | |||
* [[#Initiatives|Rules for citizen-initiated local ballot measures]] | |||
* [[#Referrals|Rules for referred local ballot measures]] | |||
==Law== | |||
The Virginia Constitution and the Virginia State Code establish the rules that govern local ballot measures in the state. | |||
* | * '''Constitution''': Section 2 and Section 10 of [[Article VII, Virginia Constitution|Article VII]] of the Virginia Constitution | ||
* '''Statute''': [https://law.lis.virginia.gov/vacode/title24.2/chapter6/ Title 24.2, Chapter 6. The Election] | |||
== | ==General== | ||
The following outlines the general rules that govern local ballot measures in Virginia, including both citizen-initiated measures and referred measures from local government bodies. | |||
* '''Election timing''': All special elections must be held on a Tuesday and cannot be held in the 55 days before a general or primary election.<ref name=special>[https://law.lis.virginia.gov/vacode/24.2-682/ ''Virginia Legislative Information System'', "§ 24.2-682. Times for special elections.," accessed November 17, 2025]</ref> A special election may be held at the same time as a general election, but not a primary election.<ref name=special/> All referendum elections must be held at least 81 days after the election is called.<ref name=special/> Local charters and special acts may alter these requirements.<ref name=special/> | |||
''' | |||
* | * '''Vote requirements''': Ballot measures in Virginia must be approved by a majority of voters. | ||
* '''Required ballot measures''': According to [[Article VII, Virginia Constitution#Section 10|Section 10 of Article VII]] of the state constitution, local government organizations must receive voter approval before issuing bonds. Additionally, [[Article VII, Virginia Constitution#Section 2|Section 2]] states that any law providing for the organization of a regional government must receive voter approval. Measures that would levy a sales tax and use the revenue to fund school construction projects must be approved by voters.<ref>[https://law.lis.virginia.gov/vacode/title58.1/chapter6/section58.1-605.1/ ''Virginia Legislative Information System'', "§ 58.1-605.1. Additional local sales tax in certain localities; use of revenues for construction or renovation of schools.," accessed November 17, 2025]</ref> | |||
''' | * '''Number of measures on the ballot''': Only one measure that would adopt an optional form of county government may be placed on the ballot during the same election.<ref name=optional/> | ||
== | * '''Repetition of ballot measures''': If an initiated local charter amendment that would abolish a government office is not approved, a second measure can not be placed on the ballot concerning the same government office for at least eight years.<ref name=section685/> If a local option liquor law referendum is held in a jurisdiction, no referendum concerning the prohibition of the sale of alcohol by the Virginia Alcoholic Beverage Control Authority can be held in that identical jurisdiction for four years.<ref name=liquor/> Measures that would change a county's form of government may only be placed on the ballot once every three years.<ref>[https://law.lis.virginia.gov/vacode/title15.2/chapter3/section15.2-306/ ''Virginia Legislative Information System'', "§ 15.2-306. Limitation as to frequency of elections.," accessed November 17, 2025]</ref> | ||
==Initiatives== | |||
The following outlines the general rules that govern local citizen-initiated ballot measures in Virginia. | |||
== | * '''Authority''': Unlike in some states, Virginia voters do not have a general right to the use of a local initiative and referendum process.<ref>[https://www.elections.virginia.gov/media/formswarehouse/ballot-access-candidate-qualification/referenda/ReferendumProvisionsinGeneralBulletin.pdf ''Virginia Department of Elections'', "Referendum Petitions in General," accessed November 18, 2025]</ref> However, there are some laws that can not be changed without a voter-initiated petition, such as local charter amendments that would abolish a government office.<ref name=section206/><ref name=section685>[https://law.lis.virginia.gov/vacode/24.2-685/ ''Virginia Legislative Information System'', "§ 24.2-685. Special elections; request for abolition of constitutional offices.," accessed November 17, 2025]</ref> Additionally, there are some specific questions that voters have a right to place on the ballot according to state law. Those include: | ||
**local option liquor laws;<ref name=liquor/> | |||
**election schedules for the mayor, city council, and county board of supervisors;<ref name=mayor>[https://law.lis.virginia.gov/vacode/title24.2/chapter2/section24.2-222.1/ ''Virginia Legislative Information System'', "§ 24.2-222.1. Alternative election of mayor and council at November general election in cities and towns.," accessed November 17, 2025]</ref><ref name=biennial>[https://law.lis.virginia.gov/vacode/title24.2/chapter2/section24.2-219/ ''Virginia Legislative Information System'', "§ 24.2-219. Alternative for biennial county supervisor elections and staggered terms.," accessed November 17, 2025]</ref><ref name=quad>[https://law.lis.virginia.gov/vacode/title24.2/chapter2/section24.2-220/ ''Virginia Legislative Information System'', "§ 24.2-220. Reversion to quadrennial elections.," accessed November 17, 2025]</ref> | |||
**local charter amendments;<ref name=section206>[https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-206/ ''Virginia Legislative Information System'', "§ 15.2-206. Special elections; request for abolition of certain local constitutional offices.," accessed November 17, 2025]</ref> | |||
**the direct election of school board members; and<ref name=school>[https://law.lis.virginia.gov/vacode/title22.1/chapter5/section22.1-57.2/ ''Virginia Legislative Information System'', "§ 22.1-57.2. Referendum on direct election of school board members by the voters.," accessed November 17, 2025]</ref> | |||
**some veto referendums. In Virginia, veto referendums filed by the people must be approved by a court order in order to be placed on the ballot.<ref>[https://law.lis.virginia.gov/vacode/title24.2/chapter6/section24.2-684/ ''Virginia Legislative Information System'', "§ 24.2-684. How referendum elections called and held, and the results ascertained and certified.," accessed November 17, 2025]</ref> | |||
* '''Deadlines''': | |||
** '''Veto referendums''': There is no statewide deadline for filing petitions for veto referendums. Specific deadlines are published in local statutes. Signatures for referendums must be submitted within nine months after petitioners are approved to gather signatures by the clerk of the circuit court.<ref name=require>[https://law.lis.virginia.gov/vacode/title24.2/chapter6/section24.2-684.1/ ''Virginia Legislative Information System'', "§ 24.2-684.1. Requirements for voter petitions to call for referendum elections.," accessed November 17, 2025]</ref> | |||
** '''Citizen-initiated laws''': Petitions for an initiated charter amendment that would abolish a government office must be filed within 90 days of gathering the first signature.<ref name=section685/> Petitions to require the direct election of school board members must be filed with the circuit court no later than 111 days before the general election.<ref name=school/> | |||
== | * '''Signatures''': | ||
** '''Veto referendums''': There is no statewide requirement for signatures included with petitions for veto referendums. Specific deadlines are published in local statutes.<ref name=require/> | |||
** '''Citizen-initiated laws''': Petitions that would result in a county adopting one of the optional forms of government provided by Virginia State Law must include a number of signatures greater than or equal to 10% of the voters of the county.<ref name=optional>[https://law.lis.virginia.gov/vacode/title15.2/chapter3/section15.2-301/ ''Virginia Legislative Information System'', "§ 15.2-301. Petition or resolution asking for referendum; notice; conduct of election.," accessed November 17, 2025]</ref> Petitions for an initiated charter amendment that would abolish a government office must include a number of signatures greater than or equal to 20% of the vote cast in the last presidential election.<ref name=section685/> For local option liquor laws, a petition must be signed by 10% of registered voters in the jurisdiction, or by 100 people, whichever is greater.<ref name=liquor>[https://law.lis.virginia.gov/vacode/title4.1/chapter1/section4.1-121/ ''Virginia Legislative Information System'', "§ 4.1-121. Referendum on establishment of government stores.," accessed November 17, 2025]</ref> Petitions to alter the election schedule for the mayor, city council, or county board of supervisors must include a number of signatures greater than or equal to 10% of registered voters in the municipality.<ref name=mayor/><ref name=biennial/><ref name=quad/> Petitions to alter the selection process for school board members must include a number of signatures greater than or equal to 10% of registered voters in the municipality.<ref name=school/> | |||
The | ==Referrals== | ||
The following outlines additional rules that govern local referred ballot measures in Virginia. | |||
== | * '''Authority''': State law allows localities to hold an election to refer to voters a question that would create or amend a local government charter.<ref name=charter/> Measures concerning the creation and amendment of local charters must be approved by voters and the Virginia General Assembly before they are adopted.<ref name=charter>[https://law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-201/ ''Virginia Legislative Information System'', "§ 15.2-201. Charter elections; subsequent procedure; procedure when bill not introduced or fails to pass in General Assembly.," accessed November 17, 2025]</ref> The state [[Article VII, Virginia Constitution#Section 10|constitution]] allows counties to refer a measure to voters that would allow the county to be treated as a city for the purposes of issuing bonds. | ||
{{ | |||
* '''Deadlines''': Any order that would schedule a special election to hold a referred ballot measure must be issued at least 81 days before the election.<ref name=special/> | |||
==Laws governing local ballot measures in the U.S.== | |||
{{LawsLBMsMapNav}} | |||
==External links== | |||
* [https://www.elections.virginia.gov/election-law/place-issue-on-ballot/ Virginia Department of Elections - Place Issue on Ballot] | |||
* [https://www.elections.virginia.gov/media/formswarehouse/ballot-access-candidate-qualification/referenda/ReferendumProvisionsinGeneralBulletin.pdf Virginia Department of Elections - Referendum Provisions in General] | |||
* [https://www.elections.virginia.gov/media/formswarehouse/ballot-access-candidate-qualification/referenda/DirectElectionofSchoolBoardBulletin.pdf Virginia Department of Elections - Direct Election of School Board Members] | |||
==See also== | ==See also== | ||
* [[Laws governing ballot measures]] | * [[Laws governing ballot measures]] | ||
* [[Laws governing local ballot measures]] | * [[Laws governing local ballot measures]] | ||
* [[Local ballot measures, | * [[Local ballot measures, Virginia]] | ||
* [[Counties in Virginia]] | * [[Counties in Virginia]] | ||
== | ==Footnotes== | ||
{{reflist}} | {{reflist}} | ||
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[[Category:Laws governing local ballot measures]] | [[Category:Laws governing local ballot measures]] | ||
[[Category:Ballot measure law, Virginia]] | [[Category:Ballot measure law, Virginia]] | ||
[[Category:Laws_governing_local_ballot_measures]] | |||
Latest revision as of 15:47, 13 February 2026
This page describes the state constitutional provisions and statutes that govern local ballot measures in Virginia. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.
Explore the links below for more information:
- Laws addressing local ballot measure powers in Virginia
- General requirements for local ballot measures
- Rules for citizen-initiated local ballot measures
- Rules for referred local ballot measures
Law
The Virginia Constitution and the Virginia State Code establish the rules that govern local ballot measures in the state.
- Constitution: Section 2 and Section 10 of Article VII of the Virginia Constitution
- Statute: Title 24.2, Chapter 6. The Election
General
The following outlines the general rules that govern local ballot measures in Virginia, including both citizen-initiated measures and referred measures from local government bodies.
- Election timing: All special elections must be held on a Tuesday and cannot be held in the 55 days before a general or primary election.[1] A special election may be held at the same time as a general election, but not a primary election.[1] All referendum elections must be held at least 81 days after the election is called.[1] Local charters and special acts may alter these requirements.[1]
- Vote requirements: Ballot measures in Virginia must be approved by a majority of voters.
- Required ballot measures: According to Section 10 of Article VII of the state constitution, local government organizations must receive voter approval before issuing bonds. Additionally, Section 2 states that any law providing for the organization of a regional government must receive voter approval. Measures that would levy a sales tax and use the revenue to fund school construction projects must be approved by voters.[2]
- Number of measures on the ballot: Only one measure that would adopt an optional form of county government may be placed on the ballot during the same election.[3]
- Repetition of ballot measures: If an initiated local charter amendment that would abolish a government office is not approved, a second measure can not be placed on the ballot concerning the same government office for at least eight years.[4] If a local option liquor law referendum is held in a jurisdiction, no referendum concerning the prohibition of the sale of alcohol by the Virginia Alcoholic Beverage Control Authority can be held in that identical jurisdiction for four years.[5] Measures that would change a county's form of government may only be placed on the ballot once every three years.[6]
Initiatives
The following outlines the general rules that govern local citizen-initiated ballot measures in Virginia.
- Authority: Unlike in some states, Virginia voters do not have a general right to the use of a local initiative and referendum process.[7] However, there are some laws that can not be changed without a voter-initiated petition, such as local charter amendments that would abolish a government office.[8][4] Additionally, there are some specific questions that voters have a right to place on the ballot according to state law. Those include:
- local option liquor laws;[5]
- election schedules for the mayor, city council, and county board of supervisors;[9][10][11]
- local charter amendments;[8]
- the direct election of school board members; and[12]
- some veto referendums. In Virginia, veto referendums filed by the people must be approved by a court order in order to be placed on the ballot.[13]
- Deadlines:
- Veto referendums: There is no statewide deadline for filing petitions for veto referendums. Specific deadlines are published in local statutes. Signatures for referendums must be submitted within nine months after petitioners are approved to gather signatures by the clerk of the circuit court.[14]
- Citizen-initiated laws: Petitions for an initiated charter amendment that would abolish a government office must be filed within 90 days of gathering the first signature.[4] Petitions to require the direct election of school board members must be filed with the circuit court no later than 111 days before the general election.[12]
- Signatures:
- Veto referendums: There is no statewide requirement for signatures included with petitions for veto referendums. Specific deadlines are published in local statutes.[14]
- Citizen-initiated laws: Petitions that would result in a county adopting one of the optional forms of government provided by Virginia State Law must include a number of signatures greater than or equal to 10% of the voters of the county.[3] Petitions for an initiated charter amendment that would abolish a government office must include a number of signatures greater than or equal to 20% of the vote cast in the last presidential election.[4] For local option liquor laws, a petition must be signed by 10% of registered voters in the jurisdiction, or by 100 people, whichever is greater.[5] Petitions to alter the election schedule for the mayor, city council, or county board of supervisors must include a number of signatures greater than or equal to 10% of registered voters in the municipality.[9][10][11] Petitions to alter the selection process for school board members must include a number of signatures greater than or equal to 10% of registered voters in the municipality.[12]
Referrals
The following outlines additional rules that govern local referred ballot measures in Virginia.
- Authority: State law allows localities to hold an election to refer to voters a question that would create or amend a local government charter.[15] Measures concerning the creation and amendment of local charters must be approved by voters and the Virginia General Assembly before they are adopted.[15] The state constitution allows counties to refer a measure to voters that would allow the county to be treated as a city for the purposes of issuing bonds.
- Deadlines: Any order that would schedule a special election to hold a referred ballot measure must be issued at least 81 days before the election.[1]
Laws governing local ballot measures in the U.S.
Laws governing local ballot measures in the United States
As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.
External links
- Virginia Department of Elections - Place Issue on Ballot
- Virginia Department of Elections - Referendum Provisions in General
- Virginia Department of Elections - Direct Election of School Board Members
See also
- Laws governing ballot measures
- Laws governing local ballot measures
- Local ballot measures, Virginia
- Counties in Virginia
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Virginia Legislative Information System, "§ 24.2-682. Times for special elections.," accessed November 17, 2025
- ↑ Virginia Legislative Information System, "§ 58.1-605.1. Additional local sales tax in certain localities; use of revenues for construction or renovation of schools.," accessed November 17, 2025
- ↑ 3.0 3.1 Virginia Legislative Information System, "§ 15.2-301. Petition or resolution asking for referendum; notice; conduct of election.," accessed November 17, 2025
- ↑ 4.0 4.1 4.2 4.3 Virginia Legislative Information System, "§ 24.2-685. Special elections; request for abolition of constitutional offices.," accessed November 17, 2025
- ↑ 5.0 5.1 5.2 Virginia Legislative Information System, "§ 4.1-121. Referendum on establishment of government stores.," accessed November 17, 2025
- ↑ Virginia Legislative Information System, "§ 15.2-306. Limitation as to frequency of elections.," accessed November 17, 2025
- ↑ Virginia Department of Elections, "Referendum Petitions in General," accessed November 18, 2025
- ↑ 8.0 8.1 Virginia Legislative Information System, "§ 15.2-206. Special elections; request for abolition of certain local constitutional offices.," accessed November 17, 2025
- ↑ 9.0 9.1 Virginia Legislative Information System, "§ 24.2-222.1. Alternative election of mayor and council at November general election in cities and towns.," accessed November 17, 2025
- ↑ 10.0 10.1 Virginia Legislative Information System, "§ 24.2-219. Alternative for biennial county supervisor elections and staggered terms.," accessed November 17, 2025
- ↑ 11.0 11.1 Virginia Legislative Information System, "§ 24.2-220. Reversion to quadrennial elections.," accessed November 17, 2025
- ↑ 12.0 12.1 12.2 Virginia Legislative Information System, "§ 22.1-57.2. Referendum on direct election of school board members by the voters.," accessed November 17, 2025
- ↑ Virginia Legislative Information System, "§ 24.2-684. How referendum elections called and held, and the results ascertained and certified.," accessed November 17, 2025
- ↑ 14.0 14.1 Virginia Legislative Information System, "§ 24.2-684.1. Requirements for voter petitions to call for referendum elections.," accessed November 17, 2025
- ↑ 15.0 15.1 Virginia Legislative Information System, "§ 15.2-201. Charter elections; subsequent procedure; procedure when bill not introduced or fails to pass in General Assembly.," accessed November 17, 2025
