A. Any person acting under the color of law who, contrary to an official policy or procedure, fails to permit, or refuses to permit, a qualified voter to vote, including a voter who is confined while awaiting trial or for having been convicted of a misdemeanor, or who willfully fails or refuses to tabulate, count, or report the vote of a qualified voter, is subject to a civil penalty in an amount not exceeding $1,000 for each affected voter. Such civil penalties shall be payable to the Voter Education and Outreach Fund established pursuant to § 24.2-131.

Attorney's Note

Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 12 monthsup to $2,500
For details, see Va. Code § 18.2-11

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Terms Used In Virginia Code 24.2-1005.2

  • Election: means a general, primary, or special election. See Virginia Code 24.2-101
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • political party: means an organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. See Virginia Code 24.2-101
  • Qualified voter: means a person who is entitled to vote pursuant to the Constitution of Virginia and who is (i) 18 years of age on or before the day of the election or qualified pursuant to § Virginia Code 24.2-101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

B. Any person who furnishes a ballot to a person who he knows cannot understand the language in which the ballot is printed and misinforms him as to the content of the ballot with an intent to deceive him and induce him to vote contrary to his desire is guilty of a Class 1 misdemeanor. Any person who changes a ballot of a person to prevent the person from voting as he desires is guilty of a Class 1 misdemeanor. This subsection applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.

2021, Sp. Sess. I, cc. 528, 533; 2024, c. 553.