Anaya Nolan
Virginia's voting laws have undergone several changes in recent years, with the state implementing new regulations ahead of the 2020 election cycle. These changes include the encouragement of absentee ballots, which can be applied for online with a valid Virginia driver's license or by downloading a paper application. In addition, Virginia now permits early voting, allowing citizens to cast their ballots in person at a polling place before Election Day without providing an excuse. Another significant change is the automatic voter registration for citizens applying for a driver's license at the DMV, unless they opt out. These updates aim to increase voting accessibility and protect the voting rights of Virginians. However, the state has also faced legal challenges, such as a lawsuit filed by the Republican Party in 2025 regarding the convention ban law, which they argue violates their First Amendment right to free association.
| Characteristics | Values |
|---|---|
| Voter registration | Online, in-person at a local voter registration office, or by mail |
| Voter registration deadline | 13 October for the 3 November 2020 election |
| Absentee ballot application deadline | 23 October for the 3 November 2020 election |
| Absentee voting | Encouraged; can be done by mail |
| In-person voting | Allowed up to 45 days before the election without needing to state a reason |
| Photo ID requirement | Not required; other forms of identity, such as a utility bill, are accepted |
| Automatic voter registration | Citizens are automatically registered to vote when applying for a driver's license at the DMV, unless they opt out |
| Voting rights for people convicted of felonies | May vary; in some states, people convicted of felonies may regain the right to vote upon release from prison |
| Early voting | Permitted; citizens can cast ballots in person before Election Day without providing an excuse |
| Convention ban | Outlaws political parties from choosing their candidates through their conventions, pushing them to use taxpayer-funded primary elections |
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What You'll Learn
Voter registration
The Virginia Department of Elections is responsible for overseeing voter registration in the state. It is authorised to establish and maintain a statewide automated voter registration system, which includes procedures for ascertaining the current addresses of registrants, cancelling records for those no longer qualified to vote, and providing electronic applications for voter registration and absentee ballots.
In Virginia, individuals can apply to register to vote by mail by completing and returning a mail voter registration application form within the designated timeframe. The state accepts the national mail voter registration application form, as well as a state-specific form designed and distributed by the State Board of Elections. These forms are used for registering qualified voters for federal, state, and local elections.
The Department of Elections is also responsible for furnishing lists of individuals who have voted in primary, special, or general elections held in the preceding four years. These lists are provided to candidates, political party committees, political action committees, incumbent officeholders, and organisations promoting voter participation and registration. The lists do not contain social security numbers to protect voter privacy.
Additionally, the Department of Elections is required to maintain statistical records on the number of applications to register to vote. Any person who believes their rights under these voter registration laws have been violated can file a complaint with the Department, which is authorised to resolve such issues.
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Absentee ballots
Absentee voting in Virginia allows voters to cast their votes by mail or in person before election day. To vote absentee, voters must submit an application to their local registrar's office, and they will receive their ballot in the mail. Military and overseas voters can find specific information on absentee voting on the Virginia Department of Elections website.
There are two ways to apply for an absentee ballot: online or through a paper application. For online applications, voters must choose the option to join the Virginia permanent absentee voter list and will receive ballots for all future elections by mail. They must then select their preferred party's primary, indicate any disabilities that require assistance, and enter their contact information. After reviewing their application, voters can submit it online. Paper applications can be downloaded and completed, then returned to the local registrar's office by mail, fax, or scanned email attachment.
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In-person voting
The State Board of Elections in Virginia is responsible for standardising and regulating the process of voting and registration. They are authorised to prescribe standard forms for voter registration and to supervise and coordinate the work of local electoral boards, registrars, and officers of election. The Department of Elections maintains a statewide automated voter registration system, which includes procedures for checking the current addresses of registrants and cancelling the records of those no longer qualified to vote.
Identification is required for in-person voting, and there are specific poll times that must be adhered to. It is recommended that voters check the details of their local in-person voting requirements, as these can vary.
Virginia also allows for absentee ballots, which can be requested and received electronically for eligible military personnel and voters based overseas.
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Voter ID requirements
Voters in Virginia are required to provide either an acceptable form of ID or sign an ID Confirmation Statement at the polls. Acceptable forms of ID include a DMV license, which can be expired. If a voter arrives at their polling place without an acceptable ID, they can sign an ID statement affirming their identity and cast a regular ballot. If they do not sign an ID statement, they may still vote, but their vote will be provisional, and they will be provided with instructions to ensure their vote is counted.
The State Board of Elections in Virginia is responsible for prescribing standard forms for voter registration and elections, as well as supervising and coordinating the work of local electoral boards, registrars, and officers of elections. They are also authorized to establish and maintain a statewide automated voter registration system, which includes procedures for verifying the current addresses of registrants and cancelling the records of those who are no longer qualified to vote.
The specific requirements for voter ID in Virginia are important to ensure that all eligible voters can cast their votes safely and securely. By providing a range of acceptable IDs, including the option to use an expired DMV license, Virginia aims to balance accessibility and security at the polls. Voters who may have difficulty obtaining or presenting an acceptable form of ID are still able to participate in the democratic process by signing the ID Confirmation Statement.
Additionally, the availability of provisional ballots ensures that no one is turned away from voting due to lack of proper identification. However, it is essential for voters to follow the provided instructions to ensure that their provisional ballots are ultimately counted. Overall, the voter ID requirements in Virginia strive to create a secure and inclusive voting process that encourages participation from all eligible citizens.
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Voting rights for people with felony convictions
Virginia's disenfranchisement provision has its roots in the nineteenth century, and it is one of three states whose constitution permanently disenfranchises all citizens with past felony convictions. However, the state's governor has the authority to restore voting rights. This policy is subject to change under future governors.
In 2016, Governor Terry McAuliffe took executive action to automatically restore the right to vote to all Virginians on probation or parole. He also issued an executive order restoring voting rights to Virginians with felony convictions who had completed their sentences, including any period of supervised release. These orders were challenged in court, and in July 2016, the Virginia Supreme Court ruled that they violated the state constitution, which required the governor to make clemency determinations on a case-by-case basis.
In 2017, the Virginia legislature debated relaxing the state's policy, which required an individual act by the governor to restore voting rights. Despite these efforts, Virginia, along with Iowa, remained one of the two states that, as of 2018, permanently disenfranchised citizens with felony convictions. Six other states limited restoration based on crimes of "moral turpitude".
In 2021, Governor Northam restored voting rights to 69,000 former felons. However, in 2022, Governor Glenn Youngkin ended the practice of automatically restoring the right to vote to all Virginians who were not incarcerated. Moving forward, individuals convicted of a felony must apply to the governor to have their rights restored on an individual basis.
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Frequently asked questions
To vote in Virginia, you must be a citizen of the United States, a resident of Virginia, and at least 18 years old.
You can register to vote online at https://www.elections.virginia.gov/citizen-portal/, or in person at your county registrar's office or local voter registration office. You will also be automatically registered to vote when you apply for a driver's license at the DMV, unless you opt out.
Voters in Virginia do not need to show a photo ID. You can use other forms of identification, such as a utility bill with your name and address.
Yes, Virginia permits early voting and encourages voters to vote by absentee ballot. You can apply online at elections.virginia.gov if you have a valid Virginia driver's license. If you do not have a driver's license, you can download a paper application or call your local registrar for an application.
