Anaya Nolan
Voting is a cornerstone of democracy, and in Virginia, there are several laws and regulations that govern the voting process. These laws outline the rights and requirements for voters, such as voter registration, identification, and absentee voting. While there have been efforts to expand voting access in Virginia, the state still has a Jim Crow-era law that bans individuals with felony convictions from voting for life, unless their rights are restored by the governor. Understanding the laws that govern voting in Virginia is essential for ensuring that eligible citizens can exercise their democratic right to vote. In this discussion, we will explore the topic of Can Virginians Vote on a Law? by examining the legal framework, eligibility requirements, and any challenges or controversies surrounding the voting process in Virginia.
| Characteristics | Values |
|---|---|
| Voter registration | Can be completed online, in-person, or by mail before each Election Day's registration deadline. Residents may also register in-person on Election Day at their polling place but will only be able to cast a provisional ballot while election officials verify their voter registration application. |
| Voter identification | Voters are required to provide either an acceptable form of ID or sign an ID Confirmation Statement at the polls. |
| Absentee voting | All Virginia voters are eligible to vote absentee/by mail without any special requirements. |
| Voting rights for people with felony convictions | In Virginia, people with felony convictions can vote while incarcerated if they have had their rights restored by the governor. |
| Voting rights for people with misdemeanour convictions | People convicted of a misdemeanour charge can vote while incarcerated. |
| Election laws | The Help America Vote Act of 2002 (HAVA) is a federal law that applies to Virginia and sets minimum standards for election administration. |
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What You'll Learn
Voter registration
To vote in Virginia, you must be a United States citizen, a resident of Virginia, and at least 18 years old. If you are 16 or 17, you can pre-register to vote by submitting a voter registration application. Registration can be completed 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 is one of only two states that has a Jim Crow-era law banning anyone convicted of a felony from voting for the rest of their lives, unless the governor decides to restore an individual's rights. If you have been convicted of a felony, you can check your voting rights status and apply for restoration of your rights at www.restore.virginia.gov. The governor of Virginia has the sole power to restore voting rights, and each governor can set different criteria or deny all applications. If you have been convicted of a misdemeanor, your right to vote was never taken away, and you can vote while incarcerated.
Virginia allows for absentee voting, also known as voting by mail. There are no special requirements to be eligible to vote absentee. 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 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.
Virginia law requires all voters to provide either an acceptable form of ID or sign an ID Confirmation Statement at the polls. If you arrive at the polls without an acceptable form of ID, you will be required to sign an ID Confirmation Statement or vote a provisional ballot. If you vote a provisional ballot, you will have until noon on the Friday following the election to deliver a copy of your identification to your locality's electoral board or sign an ID Confirmation Statement in order for your provisional ballot to be counted.
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Absentee/mail-in voting
In Virginia, all voters are eligible to vote absentee or by mail. There are no special requirements to be eligible for this type of voting. 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. The application must be received by 5 p.m. at least 11 days before Election Day.
Completed absentee 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. Absentee voters can track their ballots by logging into Ballot Scout.
Voters can also choose to join the permanent absentee list and automatically receive an absentee ballot for all future elections. This can be done by applying online or by submitting a paper application. To apply online, voters must fill out their personal information, including name, date of birth, SSN, and locality. They must then indicate their residency status and whether they are on active military duty or the spouse of someone who is. Finally, they must select their preferred party's primary.
For those who prefer a paper application, they can fill one out at their local general registrar's office or download and complete the form at home. The completed and signed form should then be returned to the local registrar's office by mail, fax, or scanned attachment to an email. After the registrar processes the application, the voter will receive their ballot in the mail.
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Voter identification
In Virginia, registered voters must confirm their identity when they vote in person. Voters without an acceptable form of identification can vote a regular ballot by signing an ID Confirmation Statement, affirming their identity. Acceptable forms of ID include a driver's license, state-issued identification card, and military identification card.
If a voter does not bring an acceptable ID to the polls or does not sign an ID Confirmation Statement, they will be offered a provisional ballot. In this case, the voter will be given written instructions from the election officials on how to submit a copy of their identification or sign and submit an ID Confirmation Statement so that their vote can be counted. The deadline for submitting the ID or ID Confirmation Statement is noon on the Friday following the election.
Virginia also allows absentee voting, and voters do not need to provide a copy of their ID to vote by absentee ballot. Absentee ballots can be requested online or by submitting a paper absentee ballot request form to the local voter registration office by mail, fax, or email.
Voters in Virginia can also register 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.
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In-person voting
Virginia permits early in-person voting. This allows citizens to cast their ballots at a polling place before an election without needing to provide an excuse for their inability to vote on Election Day. Early in-person voting in Virginia began on September 20, 2024, and ended on Saturday, November 2 at 5:00 PM. Accessible equipment and/or curbside voting is available upon request.
Voters who have requested an absentee ballot but now wish to vote in person may do so if they return their unopened ballot to their local registrar's office, a satellite voting location, or their polling place on or before Election Day. If the absentee ballot is damaged, it must be returned to the local registrar's office before Election Day, and a replacement ballot can be requested from a poll worker.
Voters in Virginia have the right to be assisted by a companion or an election officer if they need help to read, complete forms, or vote. They can also bring a child aged 15 or younger into the voting booth and have a ballot brought to their vehicle if they are 65 or older or have a disability.
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Voting rights for convicted people
In the majority of states in the US, people convicted of a felony lose their right to vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter. The restoration of voting rights to convicted felons has been a topic of interest in Virginia for several years now.
In 2016, Virginia Governor Terry McAuliffe took steps to restore voting rights to people with felony convictions. However, this executive order was deemed unconstitutional by the Virginia Supreme Court. In 2017, Governor McAuliffe announced the restoration of voting rights to 13,000 felons, and in 2020, Governor Ralph Northam restored the right to vote to 69,000 former felons. On March 16, 2021, Governor Northam took executive action to automatically restore the right to vote to all Virginians who were not currently incarcerated. This included individuals on probation or parole.
However, in 2022, Governor Glenn Youngkin quietly terminated this practice, making Virginia the only state in the nation that permanently disenfranchises all people with felony convictions unless the government approves individual rights restoration. Moving forward, individuals convicted of a felony must apply to the governor to have their rights restored on an individual basis. This change in policy has been met with criticism, with some advocating for the restoration of voting rights to convicted felons who have completed their sentences.
It is important to note that individuals convicted of a misdemeanor in Virginia do not lose their right to vote. If incarcerated for a misdemeanor, one can check their voter registration status, register to vote if necessary, and request an absentee ballot from their Local Election Office.
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Frequently asked questions
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. The deadline to register is 22 days before a primary or general election.
In Virginia, people convicted of a felony cannot vote for the rest of their lives unless the governor decides to restore an individual's rights.
Virginia law requires all voters to provide either an acceptable form of ID or sign an ID Confirmation Statement at the polls.
