Election Law @ Moritz (State-by-State Coverage: Virginia)

Virginia

Complete coverage for Virginia can be found below. (Return to States List)

Swing State Focus

Absentee Ballots: Will absentee voters be notified of mistakes on their ballot and be given an opportunity to correct those mistakes?

There is no process in place for voters to correct mistakes. Voters will be sent a written explanation of the reason an absentee ballot has been rejected within ninety days of the date it was rejected. VA ST § 24.2-711.1.
Absentee Ballots: What is the last date on which an absentee ballot can arrive and still be counted?

Absentee ballots should be returned to the electoral board before the closing of the polls. However, there is a later deadline for those eligible voters who requested absentee ballots before the deadline but to whom the electoral board failed to provide the ballot in a timely manner. VA ST § 24.2-709.
Absentee Ballots: How many absentee ballots were cast in 2008 and 2010, and what percentage of those were counted as valid ballots?

In 2008, 509,062 domestic absentee ballots were cast, and 98.7% of those ballots were counted. In 2010: 108,156 were cast, and 99.5% of those ballots were counted; however, the EAC cautions about the 2010 numbers. U.S. Election Assistance Commission, Election Administration and Voting Survey,http://www.eac.gov/research/election_administration_and_voting_survey.aspx.
Absentee Ballots: What must a voter do to validate an absentee ballot (e.g. any witness requirement? ID requirement for mailed ballots?)

Voters who vote absentee in person must comply with the same ID requirements that apply to voting at the polls. Thus if a voter does not bring one of the approved IDs above, the voter will be given a provisional ballot. Virginia allows voters to cast their absentee ballot in person at the office of the local election officials. VA ST 24.2-705. Voters who cast absentee ballots do not have to include ID but must open the mailed ballot in the presence of a witness and then fill in and sign the statement on the return envelop in the presence of a witness who must also sign the envelope.VA ST § 24.2-707.
Absentee Ballots: What is the latest date on which a voter can request an absentee ballot, and are those dates different for overseas and domestic voters?

A voter can make an in-person request for a ballot at the general register up until three days before the election. A request by mail, electronic or facsimile must be received by 5:00 p.m. seven days prior to the election. The dates are not different for overseas voters. VA Code Ann. § 24.2-701
Poll-worker Error: What does state law say about a ballot cast incorrectly or in the wrong place due to poll-worker error?

No information available.
Provisional Ballots: What is the last date on which a provisional ballot voter can provide information that validates the ballot?

The voter may submit a copy of one of the specified forms of identification no later than noon on the Friday after the election. The voter may request a one-day extension. VA ST § 24.2-653.
Provisional Ballots: What kind of information is required to validate a provisional ballot?

A provisional ballot can be validated by presenting ID that is acceptable for voting regularly.
Provisional Ballots: How many provisional ballots were cast in 2008 and 2010, and what percentage of those were counted as valid ballots?

In 2008: 9,354 provisional ballots were cast, and 28 percent of the ballots were counted. In 2010: 2,440 provisional ballots were cast, and 42.8 percent of the ballots were counted. U.S. Election Assistance Commission, Election Administration and Voting Survey, http://www.eac.gov/research/election_administration_and_voting_survey.aspx.
Provisional Ballots: Is there an affidavit alternative for verifying the ID requirements for a provisional ballot?

No.
Provisional Ballots: Will provisional ballots count for the races for which a voter was in the correct location, even if in the wrong precinct for lower-ticket votes?

No; provisional ballots are only counted if cast in the correct precinct. VA ST § 24.2-653.
Recount Resources: Does the state have an automatic recount, and how is it triggered?

Virginia does not have an automatic recount.
Recount Resources: May a candidate request a recount?

Yes. A defeated candidate may request a recount when there is a difference of not more than one percent between the total vote casts between two candidates. VA ST § 24.2-800. The petition for a recount must be filed within 10 days from the day the electoral board certifies the results. VA ST § 24.2-801. A petition for a recount for a presidential election must be filed within 2 days from the day the electoral board certifies the results. VA ST § 24.2-801.1
Recount Resources: What is the date for certification (how many days after the election)?

The electoral board must ascertain the results of the election no more than seven days after Election Day and sends those results to the State Board. § 24.2-671, 24.2-675. The State Board meets on the fourth Monday in November to determine the results of the election. § 24.2-679.
Voter ID: On what date did the voter ID requirement become effective?

This new requirement went into effect on July 1, 2012. The Department of Justice granted preclearance on Aug. 20, 2012, thus the law will be in effect for the November election. This law will be in effect for the November election. VA Legislative Service, available at http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+HB9.
Voter ID: Is there an affidavit alternative available to use on Election Day for persons without the required ID?

No. This is the most significant change to the new voter ID requirements. Prior to the April 2012 changes to the law, voters who arrived at the polls without proper identification were allowed to cast an ordinary ballot provided that they signed an affidavit. Now, voters without proper identification will only be offered a provisional ballot unless the voter is recognized and acknowledged by an officer of election. The provisional ballot will be marked ID-only and will only be counted if the voter provides proper identification by noon on the Friday after the election. VA Legislative Service, available at http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+HB9.
Voter ID: What is the ID requirement to vote?

Voters must present a state-issued of federal-issued ID in order to vote on an ordinary ballot. Acceptable Id includes: Virginia voter registration card; Social Security card; valid Virginia driver's license; concealed handgun permit; other identification card issued by a government agency of Virginia, one of its political subdivisions, or the United States; any valid student identification card issued by any institution of higher education located in Virginia; 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; or a copy of a current utility bill, bank statement, government check, or paycheck that shows the name and address of the voter. VA ST. § 24.2-643.