Virginia Adopts Law To Stamp Out Voter Suppression Tactics

RICHMOND, VA — Virginia Gov. Ralph Northam approved the Voting Rights Act of Virginia, a bill that aims to provide protections against voter suppression, discrimination and intimidation, the governor’s office said Wednesday.

The bill creates new voter protections nearly eight years after the U.S. Supreme Court gutted federal voting rights oversight. Virginia is now the first state in the nation to enact its own version of a voting rights act.

“At a time when voting rights are under attack across our country, Virginia is expanding access to the ballot box, not restricting it,” Northam said in a statement Wednesday.

The governor made minor technical amendments to Senate Bill 1395, sponsored by Sen. Jennifer McClellan (D-9th), and House Bill 1890, sponsored by Del. Marcia Price (D-95th), which prohibit any state or local policy from denying or restricting the right to vote of any Virginian simply because of their race, color, or membership in a language minority group.

The minor technical amendments clarify that certain provisions apply to all localities not just “covered jurisdiction(s).”

In the wake of former President Donald Trump's defeat in the 2020 presidential election, Republican lawmakers in other states proposed laws to make it harder for people to vote. After the 2020 elections in Georgia, where Democrats won the state's two U.S. Senate seats, the state's GOP overhauled state elections to include new restrictions on voting by mail and greater legislative control over how elections are run.

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In contrast to voting restrictions in Georgia, the Virginia law will restore and build on provisions of the 1965 federal Voting Rights Act, the governor's office said.

In June 2013, the U.S. Supreme Court struck down the requirement that several counties and nine states with a history of racial discrimination, including Virginia, seek federal preclearance before making racially suspect voting changes. Since that time, dozens of states have considered and passed new laws that restrict voting rights.

The Voting Rights Act of Virginia prohibits discrimination in elections administration, requires local election officials to get feedback or pre-approval for voting changes, and allows people to file lawsuits in cases of alleged voter suppression.

The law requires localities to seek public comment or pre-approval from the Office of the Attorney General on any proposed voting changes. Civil penalties awarded as a result of voting discrimination will go toward a newly established Voter Education and Outreach Fund.

The Voting Rights Act of Virginia also prohibits at-large local elections if they dilute the voting power of racial minorities. It also ensures accessibility by requiring local election officials provide voting materials in foreign languages, as needed.

In response to the COVID-19 pandemic, Northam also approved House Bill 1888, sponsored by Del. Schuyler VanValkenburg (D-72th), and Senate Bill 1245, sponsored by Sen. Creigh Deeds (D-25nd). These measures require localities to establish drop-off locations for the return of absentee ballots, include prepaid return postage on absentee ballots, and allow voters to fix mistakes they may have made on their absentee ballot envelopes.