Cecily Zamora
Voting is a fundamental right in a democratic society, and the laws surrounding it are constantly evolving. In Virginia, there has been a backlash against measures to expand voting access, and it is one of only two states that uphold a Jim Crow-era law that bans anyone convicted of a felony from voting for life, unless the governor intervenes. This provision was explicitly designed to prevent Black Virginians from voting and can only be overturned by a constitutional amendment. In 2020, Virginia introduced same-day voter registration and no-excuse absentee voting, making it easier for citizens to vote. The state also allows for online, in-person, and mail-in registration, and voters can cast their ballots in person or by mail. The right to vote is a cornerstone of democracy, and Virginia is working to ensure that all eligible citizens can exercise this right.
| Characteristics | Values |
|---|---|
| Voter registration | Online, in-person, or by mail |
| Voter registration deadline | 22 days before the election |
| Voter age | 18 years or older |
| Voter ID requirements | Acceptable ID or ID Confirmation Statement |
| Absentee/mail-in voting | Available to all Virginia voters |
| Absentee ballot request deadline | 11 days before Election Day |
| Absentee ballot return deadline | 3 days after Election Day |
| Voting rights for people with felony convictions | Varies; Virginia is one of two states with a Jim Crow-era law banning voting for life for felons unless the governor restores their rights |
| Voting rights for people with misdemeanor convictions | Right to vote maintained, including while incarcerated |
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What You'll Learn
Voter registration
To vote in Virginia, you must be registered. The deadline to register to vote is usually 21 or 22 days before an election. Voter registration can be completed online, in person at a local voter registration office, or by mail.
If you are at least 16 years old but will not be 18 before the next general election, you can pre-register to vote by submitting a voter registration application. You can also register in person with your current address and vote a provisional ballot using same-day registration after registration closes (21 days before Election Day) up to and including Election Day.
Virginia residents can vote absentee or by mail. There are no special requirements to be eligible to vote absentee or 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. Absentee ballots must be received by 5 p.m. at least 11 days before Election Day. 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 to be counted.
Voting rights for people convicted of a felony vary from state to state. In most 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.
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Absentee voting
In Virginia, any registered voter may apply for an absentee ballot and vote by mail, with no special requirements for eligibility. Absentee voters must provide the last four digits of their social security number and their year of birth. Applications can be requested online, or by completing a paper absentee ballot request form and returning it to the local voter registration office by mail, fax, or email.
Absentee ballot applications must be received by 5 pm, 11 days before Election Day. Completed ballots must be returned to the local registrar's office or an official drop-off location by 7 pm on Election Day. If the ballot is mailed, it must be postmarked by Election Day and received within three days of the election to be counted.
Virginia residents who are overseas or in the military (or their qualifying spouse or dependent) are also eligible to vote absentee. The Department of Elections provides electronic delivery of absentee ballots to these eligible military and overseas voters.
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Voter ID requirements
To vote in Virginia, you must be a United States citizen, a resident of Virginia, and at least 18 years of age. You can register to vote online, in person at a local voter registration office, or by mail. The deadline to register is 22 days before a primary or general election.
Virginia has specific Voter ID requirements. Voters must provide either an acceptable form of ID or sign an ID Confirmation Statement at the polls. An expired DMV license is permitted for voting purposes. If you arrive at the polling place without an acceptable ID, you can still vote a regular ballot by signing an ID statement affirming your identity. If you do not wish to sign an ID Confirmation Statement, you may instead vote a provisional ballot.
If you are voting in person, you can request to receive your absentee ballot electronically if you are print disabled. You can also use an accessible voting machine if you have a disability. If you are 65 or older, or have a disability, you can request to have a ballot brought to your vehicle instead of entering the polling place.
Virginia also offers no-excuse absentee voting. All Virginia voters are eligible to vote absentee/by mail, with no special requirements. 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 pm at least 11 days before Election Day. Completed ballots must be returned to the local registrar's office or an official drop-off location by 7 pm on Election Day. If mailed, completed ballots must be postmarked by Election Day and received within three days of the election to be counted.
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Voting rights for convicted felons
In Virginia, the policies governing voter participation are enacted and enforced at the state level. These policies include voter identification requirements, early voting provisions, and online voter registration systems. To vote in Virginia, one must be a United States citizen, a resident of Virginia, and at least 18 years of age.
If you have a felony conviction in Virginia, you may need to take additional steps to regain your voting rights. It is recommended that you contact your lawyer or court representative to confirm that you have completed your sentence and met the conditions of your release. You can also seek assistance from a local advocacy group that works with formerly incarcerated individuals, as they often have lawyers available to help.
It is important to note that registering to vote before you are eligible can result in criminal prosecution. Therefore, it is essential to confirm your eligibility and complete any necessary steps before registering to vote in Virginia after a felony conviction.
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Election administration
The State Board of Elections in Virginia is responsible for election administration in the state. The Board prescribes standard forms for voter registration and elections and supervises, coordinates, and adopts regulations governing the work of local electoral boards, registrars, and election officers. The Board also has the authority to establish and maintain a statewide automated voter registration system, which includes procedures for ascertaining the current addresses of registrants and cancelling records for those no longer qualified to vote.
The Help America Vote Act of 2002 (HAVA) is a federal law that sets minimum standards for election administration. Every state, including Virginia, received federal grant funds under HAVA to implement the law's requirements and improve election administration. The 2012 HAVA state plan for Virginia was adopted following an opportunity for public review and comment.
Virginia's election laws cover various topics, including voter registration, voting rights, absentee and mail-in voting, voter identification requirements, and special elections. Voter registration can be completed online, in-person, or by mail, and the deadline to register is 22 days before a primary or general election. Virginia voters can vote absentee or by mail without any special requirements, and they can request an absentee ballot online or by submitting a paper form. Completed absentee ballots must be returned by 7 pm on Election Day or be postmarked by Election Day and received within three days of the election to be counted.
In-person voting in Virginia requires voters to present one of the accepted forms of ID, such as a Virginia driver's license, a student ID issued by an institution of higher education in Virginia, or a valid US passport. Voters in line by the close of polls at 7 pm on Election Day are allowed to vote. Virginia law also allows individuals who are at least 16 years old to pre-register to vote if they will be 18 years old before the next general election.
The Code of Virginia includes provisions related to the election process, such as the town election process, hours polls are open, and special elections. The state's election laws also address voting rights for individuals convicted of felonies, which vary from state to state. In Virginia, individuals with felony convictions must have their right to vote restored before they can register to vote.
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