Student Voting Project | Virginia

Voting at School

ID Requirements

Virginia has a general identification requirement for all in-person voters, but first-time voters who register by mail or through a registration drive are subject to a separate requirement.

The general identification requirement, for voters who registered in person or who have previously voted in a federal election in Virginia, is to show one of the following at the polls: a Virginia voter registration card; social security card; valid Virginia driver’s license, or any other ID card issued by a Virginia agency (state or local) or a federal government agency; or any valid employee ID card containing a photograph of the voter. Student IDs with a photo from a Virginia state school will be accepted. If voters do not have ID, they can sign a sworn statement that they are the voter in question and will be allowed to vote by regular ballot.

First-time voters who register by mail must show identification before they vote, either in person at the polling place or by absentee ballot. If you are subject to this requirement and are voting by absentee ballot, you will receive a notice from your local elections office when you request an absentee ballot, instructing you to send a copy of acceptable ID. The following forms of ID are acceptable to fulfill the this requirement: (i) a current and valid photo identification; or (ii) a copy of a current utility bill, bank statement, government check, paycheck or other document that shows the name and address of the voter. Student IDs with a photo from public and private universities will fulfill the requirement. Cellular telephone bills and online printouts of utility bills with your name and address on them should also be accepted as ID, as should housing bills from public universities; it is unclear whether housing bills from private universities will suffice. If you do not have sufficient ID, you are entitled to vote by provisional ballot, which will be counted once it’s determined that you’re an eligible voter.

Registration Requirements

For the 2008 general election, the registration deadline is 29 days before the election, and a mail-in application must be postmarked by that date. Starting January 1, 2010, however, the deadline will change to 22 days. Registration deadlines are also later for special elections—you may register up to six days before a special election called by the governor or the legislature, and up to thirteen days before any other special election.

Residency Requirements

While historically it has been difficult for students to establish voting residency, the State Board of Elections has recently clarified registration requirements, clarifying that it is up to students to determine and establish their residency.  Importantly, on their registration forms, students are expressly permitted to list their college dorm room address as their "residential address," and give a P.O. Box for their "mailing address." 

In order to establish residency, the state's constitution and election laws require that Virginia be both your "domicile," meaning that you intend to reside and remain in Virginia, and your "place of abode," meaning the physical place where you live. Virginia's Supreme Court has interpreted these requirements to mean that you must intend to remain at your address for an "unlimited time" in order to establish voting residency. In other words, if—at the time you register—you have definite plans to leave the state after graduation, you probably won't be considered a Virginia resident for voting purposes. Local elections officials have discretion in determining residency.

When determining your domicile, elections officials may consider, in addition to your "expressed intent," your actions, your financial independence, any employment history, income sources, residence for tax purposes, "residence of parents," the place where you keep your personal things, car registration, and any other factors "reasonably necessary to determine" your qualification to vote. 

Be aware of rumors suggesting that establishing Virginia voting residency could have negative tax or financial aid consequences.  For the great majority of students, this is totally false. In particular, students should know that registering to vote in Virginia will not have any effect on your parents' ability to claim you as a dependent on their federal tax returns. Nor will it affect scholarship eligibility, except in the extremely rare instance where a grant or scholarship explicitly requires you to remain in a particular place. Virginia is a battleground state in this election, and students should be wary of misinformation regarding their voting eligibility.

Students who lived in Virginia before moving elsewhere to attend school, and who wish to establish or keep their Virginia voting residency (i.e., at their parents' Virginia address), should have no problem doing so unless they've already registered to vote in another state. Like all states, Virginia allows students to keep their voting residency even if they move out of the district to attend school, and the only way you might lose this residency is by establishing residency in a new state. While registering to vote in another state is not automatically considered an abandonment of your Virginia residency, some judges or officials might view it as such.

Challenges to Residency

There are number of ways your residency can be challenged under Virginia law. First, local elections officials may refuse to accept your application. If your registration is denied, you are entitled to written notice of the grounds of denial and can appeal the decision to the circuit court in your city or county within 10 days of the denial. The court must hear your case as soon as possible. If the court finds against you, you may appeal to the Supreme Court of Virginia.

After your registration is processed, your registration can be challenged by local elections officials or by three qualified voters; if that happens, an elections official must notify you and hold a hearing within ten days to determine whether to cancel your registration. If you fail to appear at the hearing, your registration will be cancelled. You may appeal this decision to the circuit court, and from there to the state's Supreme Court.

Finally, your residency can be challenged at the polls. Any qualified voter may, and election officers must, challenge voters if they believe the voter is not a resident of Virginia or of the precinct. Partisan poll watchers are entitled to be in the polling place, and it appears, although there no is explicit rule, that they are entitled to make challenges as well. The person making the challenge must sign a statement, subject to penalties for hindering, intimidating, or interfering with a qualified voter, at which point the election officer will explain to you the voter qualification requirements and may ask you about your qualifications. If you believe you are qualified and the challenge is not withdrawn, the officer will give you a statement to sign—if you sign it, you will be allowed to vote.

Absentee Requirement

Virginia voters must provide a valid reason for voting absentee. Under Virginia law, these reasons can include attending school outside your county or city, absence from the county or city due to regular business or travel, illness, disability, or some combination of working and commuting for all but two hours that the polling places are open. This law explicitly allows students who are away from home because of their studies to vote absentee, and students are an exception to the general law that all first-time voters must vote in person.

You can mail your application for an absentee ballot to your local elections office (you may even be able to email or fax it), and the application can be downloaded from the web site of the state Board of Elections. Your application for an absentee ballot must be received by your local voter registration office by 5 p.m. seven days before the election. You must have a witness when you mark your absentee ballot, who will need to sign your ballot envelope. Anyone can be a witness. Your ballot must be received by the county before the close of polls on Election Day.

Voting at Home

ID Requirements

Virginia has a general identification requirement for all in-person voters, but first-time voters who register by mail or through a registration drive are subject to a separate requirement.

The general identification requirement, for voters who registered in person or who have previously voted in a federal election in Virginia, is to show one of the following at the polls: a Virginia voter registration card; social security card; valid Virginia driver’s license, or any other ID card issued by a Virginia agency (state or local) or a federal government agency; or any valid employee ID card containing a photograph of the voter. Student IDs with a photo from a Virginia state school will be accepted. If voters do not have ID, they can sign a sworn statement that they are the voter in question and will be allowed to vote by regular ballot.

First-time voters who register by mail must show identification before they vote, either in person at the polling place or by absentee ballot. If you are subject to this requirement and are voting by absentee ballot, you will receive a notice from your local elections office when you request an absentee ballot, instructing you to send a copy of acceptable ID. The following forms of ID are acceptable to fulfill the this requirement: (i) a current and valid photo identification; or (ii) a copy of a current utility bill, bank statement, government check, paycheck or other document that shows the name and address of the voter. Student IDs with a photo from public and private universities will fulfill the requirement. Cellular telephone bills and online printouts of utility bills with your name and address on them should also be accepted as ID, as should housing bills from public universities; it is unclear whether housing bills from private universities will suffice. If you do not have sufficient ID, you are entitled to vote by provisional ballot, which will be counted once it’s determined that you’re an eligible voter.

Registration Requirements

For the 2008 general election, the registration deadline is 29 days before the election, and a mail-in application must be postmarked by that date. Starting January 1, 2010, however, the deadline will change to 22 days. Registration deadlines are also later for special elections—you may register up to six days before a special election called by the governor or the legislature, and up to thirteen days before any other special election.

Residency Requirements

While historically it has been difficult for students to establish voting residency, the State Board of Elections has recently clarified registration requirements, clarifying that it is up to students to determine and establish their residency.  Importantly, on their registration forms, students are expressly permitted to list their college dorm room address as their "residential address," and give a P.O. Box for their "mailing address." 

In order to establish residency, the state's constitution and election laws require that Virginia be both your "domicile," meaning that you intend to reside and remain in Virginia, and your "place of abode," meaning the physical place where you live. Virginia's Supreme Court has interpreted these requirements to mean that you must intend to remain at your address for an "unlimited time" in order to establish voting residency. In other words, if—at the time you register—you have definite plans to leave the state after graduation, you probably won't be considered a Virginia resident for voting purposes. Local elections officials have discretion in determining residency.

When determining your domicile, elections officials may consider, in addition to your "expressed intent," your actions, your financial independence, any employment history, income sources, residence for tax purposes, "residence of parents," the place where you keep your personal things, car registration, and any other factors "reasonably necessary to determine" your qualification to vote. 

Be aware of rumors suggesting that establishing Virginia voting residency could have negative tax or financial aid consequences.  For the great majority of students, this is totally false. In particular, students should know that registering to vote in Virginia will not have any effect on your parents' ability to claim you as a dependent on their federal tax returns. Nor will it affect scholarship eligibility, except in the extremely rare instance where a grant or scholarship explicitly requires you to remain in a particular place. Virginia is a battleground state in this election, and students should be wary of misinformation regarding their voting eligibility.

Students who lived in Virginia before moving elsewhere to attend school, and who wish to establish or keep their Virginia voting residency (i.e., at their parents' Virginia address), should have no problem doing so unless they've already registered to vote in another state. Like all states, Virginia allows students to keep their voting residency even if they move out of the district to attend school, and the only way you might lose this residency is by establishing residency in a new state. While registering to vote in another state is not automatically considered an abandonment of your Virginia residency, some judges or officials might view it as such.

Challenges to Residency

There are number of ways your residency can be challenged under Virginia law. First, local elections officials may refuse to accept your application. If your registration is denied, you are entitled to written notice of the grounds of denial and can appeal the decision to the circuit court in your city or county within 10 days of the denial. The court must hear your case as soon as possible. If the court finds against you, you may appeal to the Supreme Court of Virginia.

After your registration is processed, your registration can be challenged by local elections officials or by three qualified voters; if that happens, an elections official must notify you and hold a hearing within ten days to determine whether to cancel your registration. If you fail to appear at the hearing, your registration will be cancelled. You may appeal this decision to the circuit court, and from there to the state's Supreme Court.

Finally, your residency can be challenged at the polls. Any qualified voter may, and election officers must, challenge voters if they believe the voter is not a resident of Virginia or of the precinct. Partisan poll watchers are entitled to be in the polling place, and it appears, although there no is explicit rule, that they are entitled to make challenges as well. The person making the challenge must sign a statement, subject to penalties for hindering, intimidating, or interfering with a qualified voter, at which point the election officer will explain to you the voter qualification requirements and may ask you about your qualifications. If you believe you are qualified and the challenge is not withdrawn, the officer will give you a statement to sign—if you sign it, you will be allowed to vote.

Absentee Requirement

Virginia voters must provide a valid reason for voting absentee. Under Virginia law, these reasons can include attending school outside your county or city, absence from the county or city due to regular business or travel, illness, disability, or some combination of working and commuting for all but two hours that the polling places are open. This law explicitly allows students who are away from home because of their studies to vote absentee, and students are an exception to the general law that all first-time voters must vote in person.

You can mail your application for an absentee ballot to your local elections office (you may even be able to email or fax it), and the application can be downloaded from the web site of the state Board of Elections. Your application for an absentee ballot must be received by your local voter registration office by 5 p.m. seven days before the election. You must have a witness when you mark your absentee ballot, who will need to sign your ballot envelope. Anyone can be a witness. Your ballot must be received by the county before the close of polls on Election Day.