Attorney General Jay Jones has issued an official opinion clarifying the obligations of local electoral boards and general registrars in Virginia regarding early voting for the upcoming Constitutional Amendment Referendum on Redistricting. The opinion, requested by Senator Scott Surovell of Fairfax and Delegate Marcia “Cia” Price of Newport News, addresses the legal requirements for implementing in-person absentee voting.
According to the opinion, state law mandates that electoral boards and general registrars must provide in-person absentee voting starting 45 days before Election Day. The opinion specifies that these officials cannot delay or refuse to begin early voting on this schedule unless a court of competent jurisdiction issues a valid order expressly enjoining such action.
The document also states that any local government resolution seeking to prevent election officials from offering in-person absentee voting is inconsistent with state law and therefore legally invalid.
Attorney General Jay Jones said, “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. 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’s Election Day is scheduled for April 21, 2026. Early in-person voting will be available across Virginia beginning Friday, March 6, 2026. More information can be found through the Virginia State Board of Elections.
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