Richmond, VA –Today, Attorney General Jay Jones issued an Opinion, requested by Senator Scott Surovell (Fairfax) and Delegate Marcia “Cia” Price (Newport News), addressing the roles and responsibilities of local governing bodies, local electoral boards, and general registrars in implementing early voting for the Virginia Constitutional Amendment Referendum on Redistricting.
The Opinion makes clear that electoral boards and general registrars are required under Virginia law to provide for in-person absentee voting beginning 45 days prior to Election Day. It also makes clear that these entities have no discretion to delay, or fail to initiate early voting on that timeline, absent a valid court order expressly enjoining such administration issued by a court of competent jurisdiction.
The Opinion further states that any local resolution, regardless of a locality’s stated justification, that attempts to prevent election officials from implementing in-person absentee voting is inconsistent with state law and therefore legally invalid.
“Under Virginia law, electoral boards and general registrars must provide for in-person absentee voting beginning 45 days prior to Election Day and possess no discretion to delay or fail to initiate voting on this timeline outside a valid court order expressly enjoining such administration and issued by a court of competent jurisdiction,” said Attorney General Jay Jones. “This Opinion makes clear that any local resolution attempting to disenfranchise its own people by preventing election officials from implementing in-person absentee voting contradicts state law and is legally invalid.”
Election Day for the Virginia Constitutional Amendment Referendum on Redistricting is April 21, 2026. Virginians may cast ballots early in person across Virginia beginning Friday, March 6, 2026. Please see the Virginia State Board of Elections for more information on voting information.
