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_uZBxcJR4k7Pi1See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); Va. Code § 24.2–1005. The federal protections that apply to all states are explained here. 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.footnote1_lIdaRKfwq3CF1Va. Code § 24.2–1005(A).
• Hindering, intimidating, or interfering with a voter to prevent the casting of a secret ballot.footnote2_voJcQYO15sML2Va. Code § 24.2–607(A).
• Hindering or delaying a voter in entering or leaving a polling place.footnote3_yN0dDqgjxgKu3Va. 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.footnote4_fqwWNp12nbRl4Va. Code § 24.2–1015.
• An official failing or refusing to permit a qualified voter to vote.footnote5_saxpkAY1E7HH5Va. 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.footnote6_uJBCUGxop1EQ6Va. 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.footnote7_qtebMu3bj9z97Va. 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.footnote8_ndfLrucnmdgy8Va. Code § 24.2–1002.
• Campaigning at voter registration locations.footnote9_qGmS0gG2rwbp9Va. Code § 24.2–1003.
• Electioneering within 40 feet of a polling place.footnote10_gb5owlZGr4Bq10Va. Code § 24.2–604(A).
• Using loudspeakers within 300 feet of any polling place.footnote11_p0jkz9qI4mFh11Va. 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.footnote12_cWabfz0NZrc812Va. 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.footnote13_f236cwYBeuT313Va. 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).footnote14_zERLU3GwLxPR14Va. 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.footnote15_wXzLVh4eoW5w1552 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.footnote16_pLzlrBxVIxjU1652 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.footnote17_cZsPbS8aBYz717Va. 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.footnote18_gWQy15hSn6AK18Va. 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.footnote19_cSWUMd3MtMbt19Va. 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.footnote20_sLcrJInb1qMF20Va. Code §§ 24.2–109, 24.2–109.1, 24.2.110. General registrars appoint and may remove deputy registrars.footnote21_zW4hCfwbuZA521Va. 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.footnote22_hG11Rts2461j22Va. Code § 24.2–115. Electoral boards may also appoint additional officers at any time as needed or as required by law.footnote23_eh5wyQCbQ3JV23Va. 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.footnote24_h96UGupG1BKy24Va. Code § 24.2–115. Each precinct must have a chief election officer and assistant, representing different parties where practicable.footnote25_opNwPhrtAFzj25Va. 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.footnote26_xjKk9StqW2Zg26Va. 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.footnote27_zmsYDEyPIKdE27Va. 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.footnote28_xbbKK17fewvQ28Va. 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.footnote29_iZt3JpGDJ8MW29Va. 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.footnote30_jEUBsKIP0OEH30Va. 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.footnote31_i2AyRxGk98BS31Va. Code § 24.2–604.4(C).
• Observers may not use a wireless device to record images inside a polling place or vote-counting site.footnote32_sA9fHUKdEnXm32Va. 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.footnote33_iBhcmMVNY9W533Va. 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.footnote34_x2p82gYCDGcB34Va. 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.footnote35_vBIegXwG6p0m35Va. 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.footnote36_kAvOgkbZlOby36Va. 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,footnote37_yiz6hvyMUXgq37Va. 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.footnote38_vVIdrpkffQcg38Va. 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.footnote39_oAXSdm24lBtI3918 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.