Attorney General Jay Jones has released an official opinion regarding the responsibilities of local officials in carrying out early voting for the upcoming Virginia Constitutional Amendment Referendum on Redistricting. The opinion was issued at the request of Senator Scott Surovell and Delegate Marcia “Cia” Price.
According to the Attorney General, electoral boards and general registrars are required by Virginia law to offer in-person absentee voting starting 45 days before Election Day. They cannot delay or avoid starting early voting on this schedule unless a court order specifically allows it.
The opinion also states that any attempt by local governments to prevent election officials from offering in-person absentee voting is not allowed under state law and is 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.”
The referendum vote will take place on April 21, 2026, with early in-person voting available across Virginia beginning March 6, 2026. Voters can find more information through the Virginia State Board of Elections.
The Office of the Attorney General of Virginia provides legal counsel to state agencies, promotes public safety, supports civil rights enforcement, victim assistance programs, and addresses issues like human trafficking and domestic violence through legal advocacy. It also offers consumer protection resources such as identity theft prevention and fraud reporting services for all residents of the Commonwealth. More details about these roles can be found on their official website.
