Appendix 22

A Quick Starter Guide to Voting in Virginia

Question: So if voting is such an important responsibility where can I learn about voting in Virginia?

Answer: Start with the Virginia State Board of Elections Web site that will provide you with voter information.
http://www.sbe.virginia.gov

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On this Web site you can learn about how and where you can register to vote, the location of your voting precinct, your rights and responsibilities as a voter, candidate qualifications and requirements so you can make an appropriate decision in terms of whom you vote for, details of how to vote if you are out of town on election day (absentee ballot), and an election calendar for upcoming primary, general, and local elections. In addition, once you have registered you can then access more specific information regarding where you vote and what is on your ballot from the Virginia State Board Voter Information Web site.
https://www.voterinfo.sbe.virginia.gov/PublicSite/PublicMain.aspx

You also should check out your local government Web sites, as they will also provide you with many of the same details.


Question: So who is actually eligible to vote in Virginia?

Answer: Article II of the Constitution of Virginia lays out the procedures for voting and holding office in the Commonwealth of Virginia. To be eligible to vote in Virginia, you must be a U.S. citizen, be a resident of Virginia, be 18 years old (though if you are 17 years old and will be 18 years old at the time of the next general election you are permitted to register before your birthday). However you may not register to vote if you are already: registered to vote in another state, declared mentally incompetent by a court of law, or convicted of a felony and your right to vote has not been officially restored. You are allowed to register to vote all year-round. However, there are registration deadlines for elections that you must pay attention to: 22 days prior to a General or Primary election, 13 days prior to a special election, and 7 days prior to a special election called by the Governor.
http://www.sbe.virginia.gov/cms/Voter_Information/Registering_to_Vote/Index.html


Question: So where can I register to vote?

Answer: You have a number of options for this: you can complete your voter registration application material at your local office of elections (voter registration office), or you can pick the application from public libraries, Department of Motor Vehicles offices, military recruitment offices, State Board of Elections, government and local government offices that provide Aid to Dependent Children, food stamps, WIC, Medicaid, or Rehabilitation Services, and government offices that provide state funded programs primarily for persons with disabilities. In addition, you can also access the Virginia application form online from the State Board of Elections, or the Federal Voter Application form (which then includes specific details / directions for each state) from the United States Election Assistance Commission.
http://www.eac.gov/nvra/


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Question: Do I have to have a party affiliation when I register to vote?

Answer: No you do not have to have a party affiliation to vote in Virginia. In fact, it is worth remembering that especially in local elections candidates are not necessarily party affiliated. In addition, if the Democratic Party or Republican Party organization in Virginia decides to hold a primary election in order to decide which candidates will become the chosen party candidate in a general election, it should be emphasized that Virginia is an open primary state. This means that as a qualified voter you can vote in either party's primary election. However, if a dual primary is being held, where the Republican and Democratic primary are held on the same day, election law allows you to only vote in one of those primaries. The act of voting in a party primary election does not mean that you are officially with that political party.


Question: When I get ready to vote what should I bring?

Answer: Bring an approved official ID. Acceptable ID's include:

If you do forget to bring your ID you will be asked to sign a statement before you can vote. You then will be required to vote a provisional rather than an official ballot.


Question: How easy is it to determine my voting location?

Answer: You can access your voting location (or precinct) via the Virginia State Board of Elections Voter Information Web site.
https://www.voterinfo.sbe.virginia.gov/PublicSite/PublicMain.aspx

It is always worth checking to see if you have the right location. Remember the year after the census is taken the General Assembly is responsible for redistricting (redrawing the political map of Virginia). This means that as a result of redistricting your voting location may change to reflect new political boundaries.

Section 5, Article VII of the Constitution of Virginia gives the General Assembly the authority to redistrict within a specific amount of time. The process can be politically charged; if the General Assembly cannot agree on a plan, a federal or state court may take over. Virginia is one of 28 states in which legislators are fully responsible for redistricting. However, as mandated in Section 5 of the Voting Rights Act (1965), Virginia is required to get pre-clearance from the U.S. Justice Department before it can officially enact its redistricting map. Section 5 is a special provision of the Voting Rights Act that is designed to protect minority votes from being diluted through the redistricting process. Section 5 typically applies to states which in the past had some form of “test or device” that could be used to screen and disenfranchise minority voters.


Question: What if I am out of town on the day of the election, or if I have special needs and would like to vote?

Answer: If you know you are going to be out of town on election day, or you are a member of the armed services on a tour of duty (or a family member stationed away), or unable to physically make it to your polling place due to disability, illness, pregnancy, religious conflict, care of family members, studying at an institution of learning, (and more criteria on the State Board of Elections Web site) - you can request an absentee ballot application or contact your local voter registration office (Registrar). You need to pay attention to the application deadlines in order to receive your absentee ballot. In addition, if you are a person with special needs the State Board of Elections details important provisions to accommodate registration and voting. This includes information regarding curbside service and expectations for accessibility to the polling station and to the voting equipment.

If your right to vote is challenged at the polling station on Election Day, you can complete a provisional ballot that is then sealed. The following day the local election board will then determine your eligibility to vote. Provisional voters have the right to be in attendance when the eligibility decision is made.