Virginia: Protections Against Intimidation of Voters and Election Workers

Voters in Virginia have the right to vote free from intimidation under federal and state law.footnote1_bkLnC45n64oZunuFq7sBnz1dSQisxR2izdwRbctbE0_pByW2hKL0U9y1 See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); Va. Code § 24.2–1005. Federal law broadly prohibits intimidation, threats, or coercion throughout every stage of the election process;footnote1_BcvQOOIKUXGeKEH7W3g5AHuRr5JgRTq49Ewq0BIsDU_iRFVLlW7huQJ1 See U.S. Department of Justice, Voting Rights Fact Sheet (Sept. 2024), https://www.justice.gov/crt/media/1366636/dl (summarizing federal laws that protect against intimidation). more information on the federal protections that apply to all states can be found here. In addition, the following actions are specifically prohibited by Virginia law:

• Intimidating, threatening, or coercing or attempting to intimidate, threaten, or coerce any person to vote or to deter or prevent the person from voting.footnote2_uwEyZYabDGyAPsPu67CUgJJNZTSLOmUpuweqipBOjgc_iNTWBPjKelwb2 Va. Code § 24.2–1005(A).
• Hindering, intimidating, or interfering with a voter to prevent the casting of a secret ballot.footnote3_evQbFy8-jpzFtD4NeEWENtYF136t946RuKbkSJJQQs_bo54gf0kJkTo3 Va. Code § 24.2–607(A).
• Hindering or delaying a voter in entering or leaving a polling place.footnote4_A0dfBRFKpRmTlJ5mTSrpq4eKQdJu2XYPU3xZjFocJc_e4rXMWBg0PZE4 Va. Code § 24.2–604(A).
• Conspiring with two or more people to injure, oppress, threaten, intimidate, prevent, or hinder any citizen from the free exercise of their right to vote or because of their exercise of such right.footnote5_DHodBkr2fLSTR8JM2sV2woYiFsbM4dq7SFzpli3m5og_lz0857n8SI9l5 Va. Code § 24.2–1015.
• An official failing or refusing to permit a qualified voter to vote.footnote6_egAcVFBHeeb-5aIB6zL4b4BTt8GgCMpapy390nviFLo_zSHZLlfs36Ux6 Va. Code § 24.2–1005.2(A).
• Providing a ballot to someone who cannot understand the language of the ballot and providing misinformation regarding its contents with the intent to deceive the voter and induce a vote contrary to the voter’s choice.footnote7_OGGIznukG3qdCsSt0hplSByTUV0J1nG5BGIt4eGWXuc_bcvSnoDPRbcr7 Va. Code § 24.2–1005.2(B).
• Knowingly communicating false information about the date, time, place of an election, or registration status with the intent to impede a voter in exercising the right to vote.footnote8_PMX1QLEOzm7SSQYFzNZsom6MsA8Aam0P41YZ-NrmTI_nGkQYRjDn38F8 Va. Code § 24.2–1005.1(A).
• Interfering or attempting to interfere, by threat or force, with a registrar, a person applying or declining to register to vote, or a person entering or leaving a registration location or location offering mail ballot applications.footnote9_KCK1a0egyz2AgiPpjdfcHmmkKXU5NLDRMDKbaRsXw_zfPyGDtZvpQE9 Va. Code § 24.2–1002.
• Campaigning at voter registration locations.footnote10_HO3GQce6ads7GoeFv8lBuEwsN2n1rIP5FTGeFUVBGdY_mOBrkeI888HD10 Va. Code § 24.2–1003.
• Electioneering within 40 feet of a polling place.footnote11_A0dfBRFKpRmTlJ5mTSrpq4eKQdJu2XYPU3xZjFocJc_mgIoDXPcO28a11 Va. Code § 24.2–604(A).
• Using loudspeakers within 300 feet of any polling place.footnote12_qrc0ht2NMDGt8Ejte7VgIJPdzFldU-1dPEW566-WXo_eR8VLfsR8phf12 Va. Code § 24.2–605.

The information below addresses the laws that serve as guardrails against specific threats of intimidation.

Challenges to Voter Eligibility at the Polls

In Virginia, a voter may be challenged by another qualified voter or by an election official.footnote13_b8Njv8vtSVQzPkYRBYsPTzzCwnUqAGFb3bn8xbLjyzo_lI1vTKvdSO2T13 Va. Code § 24.2–651. However, state law also provides for some guardrails. For example, a challenge must be completed on a signed written form that expressly states that the challenger is subject to penalties for hindering, intimidating, or interfering with a voter.footnote14_b8Njv8vtSVQzPkYRBYsPTzzCwnUqAGFb3bn8xbLjyzo_fH0sGhQRKV1f14 Va. Code § 24.2–651. A challenged voter who signs a statement affirming eligibility can vote a regular ballot unless the pollbook indicates that the voter has already cast a ballot in person (in which case the voter would vote provisionally).footnote15_xnoYb4vdEchzidxvMqQTpANHWS49IK0eOJTz9s6O84_b97IM4lNqyTj15 Va. Code §§ 24.2–651, 24.2–651.1.

The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:

• The NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.footnote16_PLl6vSUctQ9PTGM3shI44UyFWwX0znRa3QTtakW9uDg_fEfAntHgamtv16 52 U.S.C. § 20507(c)(1)(B).
• The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.footnote17_gMU4pKaaGGtR0djXke9owYAHAATVZbmZt7GBXP2Bc7Y_o0xcK3GQUzJg17 52 U.S.C. § 20507(c)(2)(A).

The Brennan Center published a detailed resource on the limits on voter eligibility challenges in Virginia here.

Intimidation of Poll Workers and Election Officials

In addition to federal protections against the intimidation of election workers, Virginia law prohibits intentional intimidation, threats, or coercion to hinder or prevent election officials and their employees from administering an election, and attempts thereof.footnote18_vuOCuxAsHEbgOE4GGZbkA9Jaok9ST-vbSO5iyoTpOwo_lnmWaGj4031X18 Va. Code § 24.2–1000. Other general criminal laws also apply and prohibit some of the kinds of intimidating conduct that election officials have confronted in recent years, including, for example, picketing at a person’s residence in a manner that disrupts or threatens to disrupt an individual’s right to tranquility at home.footnote19_h9uXaJpzUs9g9gQ2iczbnwR07XzDdffYHIqzCkgkxos_iBlFRaEgmZBF19 Va. Code § 18.2–419.

Voter Intimidation by Poll Workers

Federal and state prohibitions on intimidation apply equally to poll workers. Virginia has many additional guardrails in place to stop poll workers from disrupting election processes. These limitations include but are not limited to:

• Appointment, bipartisan representation, and removal: In Virginia, general registrars are responsible for voter registration, maintaining the pollbooks, and preserving order and voter registration locations, among other duties.footnote20_0zWNXAg5Rwchn6-aQTOjcJDLonIibiknK23bmRzNXg_mmhMc1zlp8bk20 Va. Code § 24.2–114. General registrars are appointed by their local election boards to four-year terms, subject to annual performance reviews by those boards, and subject to removal for failure to discharge their duties.footnote21_xZK9LEVgnkFixCayZAaEKcUu5WfBM8D-Gf4n1f3oOw_jEkOqaUATrhV21 Va. Code §§ 24.2–109, 24.2–109.1, 24.2.110. General registrars appoint and may remove deputy registrars.footnote22_xyBTgXbuEY0rsoVh5vdT27T8Oa6904syfT2oxDalWWM_qATvm1XJp3zx22 Va. Code § 24.2–112. General registrars appoint at least three citizens to serve as “officers of election,” or poll workers, for each precinct; such officers should be precinct voters insofar as is practicable.footnote23_vrI54n1EZrBbQOPoYt603llkUs4WGdBItk1RuJGk3c_r3l1lnNGMnxA23 Va. Code § 24.2–115. Electoral boards may also appoint additional officers at any time as needed or as required by law.footnote24_vrI54n1EZrBbQOPoYt603llkUs4WGdBItk1RuJGk3c_yKoSDCWkoNO224 Va. Code § 24.2–115. The two political parties with the highest number of votes in the last gubernatorial election must be represented by the election officers.footnote25_vrI54n1EZrBbQOPoYt603llkUs4WGdBItk1RuJGk3c_hKVi7Y7S7nL425 Va. Code § 24.2–115. Each precinct must have a chief election officer and assistant, representing different parties where practicable.footnote26_vrI54n1EZrBbQOPoYt603llkUs4WGdBItk1RuJGk3c_jNXGLMqWpV8526 Va. Code § 24.2–115.
• Training: All election officers must receive training consistent with state board of elections standards, and additional training whenever election procedures change in such a way to alter the officers’ duties or conduct.footnote27_oceaH1joV3l3FOAxB41R3qIVGNqovn7ZCCsHWr2DjJo_xPvUkuPm484m27 Va. Code § 24.2–115.2.
• Oath: All registrars and election officers must be willing to follow applicable laws and procedures. Under Virginia law, registrars and election officers must take an oath to “support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and [to] faithfully and impartially discharge all the duties incumbent upon” them.footnote28_353LucFfTfQ7dhO-t-kkV4EXmvruhkS209ipRFye3hM_wB1oEeMBQO0C28 Va. Code § 24.2–120; Va. Const. art. II, § 7.

Intimidation by Poll Watchers

In Virginia, the official term for a poll watcher or observer is “authorized representative.” State law limits who may serve as an observer and what observers may do:

• Observers must be qualified to vote in Virginia and may not be a candidate on the ballot.footnote29_pLx7QBr5vrXvh288UnmcHFHWsU6GhlGrd2JNWZrbz0s_nxDrX07Gnzdh29 Va. Code § 24.2–604.4(B).
• Election officials may permit no more than three observers per party or independent candidate in a room where the election is being conducted.footnote30_Ce1oKhM2hfVBYYGUjsgDvQy3td1FcheDkYDA0EPclNc_yR6OnYFRVPlu30 Va. Code § 24.2–604.4(A).
• Observers may not: (1) hinder or delay a voter, (2) provide or show any ballot or campaign material to anyone, (3) attempt to influence any person casting a vote, (4) hinder or delay an election official, (5) be in a position to see a voter’s marked ballot, or (6) otherwise impede the orderly conduct of the election.footnote31_NkoIBf0ubbnNtUHeMho4SkEKxwzwU73Uy10vStklTw_xLEcE9N7PWAh31 Va. Code § 24.2–604(C).
• Observers must be close enough to see and hear what is occurring at a polling place or vote-counting site, so long as such observation does not violate a voter’s right to a secret ballot and does not interfere with the orderly process of the election.footnote32_Z9TW5jZs—YaiP2Q7WPvkdlHaAFp2CZf-xy8dK0HLVo_yaImgEqWFnQi32 Va. Code § 24.2–604.4(C).
• Observers may not use a wireless device to record images inside a polling place or vote-counting site.footnote33_QAn46OlSNcvToRAuAslYqUJi1–6L1Ou7OrlU7GwJLs_qO5VbpNC3yC333 Va. Code § 24.2–604.4(D).
• Election officials may prohibit observers from using wireless devices if their use would intimidate a voter, violate the right to a secret ballot, or otherwise disturb or interfere with the election.footnote34_QAn46OlSNcvToRAuAslYqUJi1–6L1Ou7OrlU7GwJLs_g5ait9ExNVdf34 Va. Code § 24.2–604.4(D).
• Observers may not assist voters or wear anything indicating that they may assist voters inside or within 40 feet of a polling place.footnote35_3GQZxbFxBzeo6LGdXJ5HlgwS4ubN0Rp8BI1GEEqTns_doKV7i5cVdKv35 Va. Code § 24.2–604.4(E).

Election officials may remove any observer who does not adhere to the applicable guidelines.

Law Enforcement

Election officials, with the consent of the local chief law enforcement officer, may designate a law enforcement officer to be present at a polling place to preserve order inside and outside.footnote36_-M8RNuppKNMI7pOBY6TWxYgvq2ZCT5aSwUwtEvZYjrQ_tM6Ol9HReUtu36 Va. Code § 24.2–606.

Guns at Polling Places

Virginia prohibits the knowing possession of any firearm within 40 feet of any building, or part thereof, used as a polling place, with exceptions for law enforcement.footnote37_JCB1fsGAhiiQ25f7paF5PF79JFv1CyyCkQ2Gnd1bQM4_eI7KwhiiLAQg37 Va. Code § 24.2–604(A), (F). Therefore, the presence of any such firearm in or around a polling place should be treated as intimidation. Virginia also prohibits firearm possession in government buildings,footnote38_VqlzUpgS4mfTUTjBEZLFZ3SLev2Q1Y78Rz7lz5HWNJ4_yJrL1hTngEY838 Va. Code § 18.2–283.2(B). which are commonly used as drop-box locations and vote-counting sites. Additionally, it is a crime in Virginia to point, hold, or brandish a firearm with the intent to intimidate any person or in a manner that reasonably induces fear in another.footnote39_oORYLksbkiYsRq6ys87wurpM5Vhf3ujOMGIpFvWxUzw_bMdHkhfj4rVz39 Va. Code §§ 18.2–433.2(A)(3), 18.2–282(A).

Even at locations where firearms are not prohibited, firearm carry may constitute unlawful intimidation. Such conduct may consist of carrying a visible firearm while near a polling location or at a drop box or vote-counting site, displaying a concealed firearm during a discussion or argument with a voter or election worker, or approaching a voter or election worker while displaying a firearm.

Door-to-Door Intimidation

Both state and federal law prohibit canvassing efforts that are used to intimidate voters.footnote40_zTRTY001cNHWscMMkUkMyGSNeimDc1PUe8ZCwCc-hrc_cYNYbm6M27mQ40 18 U.S.C. §§ 594, 241; Va. Code § 24.2–1005. Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials.