Virginia: Protections Against Intimidation of Voters and Election Workers
This resource details state and federal laws protecting against the intimidation of voters and election workers and the disruption of the voting process.
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Voters in Virginia have the right to vote free from intimidation under federal and state law.1 The federal protections that apply to all states are explained here. The following actions are specifically prohibited by Virginia law:
- Intimidating, threatening, or coercing or attempting to intimidate, threaten, or coerce any person to vote or to deter or prevent the person from voting,2
- Hindering, intimidating, or interfering with a voter to prevent the casting of a secret ballot, 3
- Hindering or delaying a voter in entering or leaving a polling place,4
- Conspiring with two or more people to injure, oppress, threaten, intimidate, prevent, or hinder any citizen from the free exercise of their right to vote or because of their exercise of such right,5
- An official failing or refusing to permit a qualified voter to vote,6
- Providing a ballot to someone who cannot understand the language of the ballot and providing misinformation regarding its contents with the intent to deceive the voter and induce a vote contrary to the voter’s choice,7
- Knowingly communicating false information about the date, time, place of an election, or registration status with the intent to impede a voter in exercising the right to vote,8
- Interfering or attempting to interfere, by threat or force, with a registrar, a person applying or declining to register to vote, or a person entering or leaving a registration location or location offering mail ballot applications,9
- Campaigning at voter registration locations,10
- Electioneering within 40 feet of a polling place,11 and
- Using loudspeakers within 300 feet of any polling place.12
The information below addresses the laws that serve as guardrails against specific threats of intimidation.
Challenges to Voter Eligibility at the Polls
In 2026, Virginia repealed its law that allowed an individual to challenge a voter’s qualifications on Election Day.13 The state now only allows challenges when three registered voters from the same county or city as the challenged voter file a petition with the circuit court of the county or city in which they are registered.14 A person may be charged with election fraud and a Class 5 felony if the person willfully makes a "false material statement or entry . . . in any statement, form, or report required by [the Elections Code].”15
The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:
- The NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.16
- The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.17
More information about the limitations and process for voter challenges in Virginia can be found here.
Intimidation of Poll Workers and Election Officials
In addition to federal protections against the intimidation of election workers, Virginia law prohibits intentional intimidation, threats, or coercion to hinder or prevent election officials and their employees from administering an election, and attempts thereof.18 Other general criminal laws also apply and prohibit some of the kinds of intimidating conduct that election officials have confronted in recent years, including, for example, picketing at a person’s residence in a manner that disrupts or threatens to disrupt an individual’s right to tranquility at home.19
Voter Intimidation by Poll Workers
Federal and state prohibitions on intimidation apply equally to poll workers. Virginia has many additional guardrails in place to stop poll workers from disrupting election processes. These limitations include but are not limited to:
Appointment, bipartisan representation, and removal: In Virginia, general registrars are responsible for voter registration, maintaining the pollbooks, and preserving order and voter registration locations, among other duties.20 General registrars are appointed by their local election boards to four-year terms, subject to annual performance reviews by those boards, and subject to removal for failure to discharge their duties.21 General registrars appoint and may remove deputy registrars.22
General registrars appoint at least three citizens to serve as “officers of election,” or poll workers, for each precinct; such officers should be precinct voters insofar as is practicable. Electoral boards may also appoint additional officers at any time as needed or as required by law. The two political parties with the highest number of votes in the last gubernatorial election must be represented by the election officers. Each precinct must have a chief election officer and assistant, representing different parties where practicable.23
- Training: All election officers must receive training consistent with state board of elections standards, and additional training whenever election procedures change in such a way to alter the officers’ duties or conduct.24
- Oath: All registrars and election officers must be willing to follow applicable laws and procedures. Under Virginia law, registrars and election officers must take an oath to “support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and [to] faithfully and impartially discharge all the duties incumbent upon” them.25
Intimidation by Election Observers
In Virginia, election observers are referred to as “authorized representatives.” Virginia, limits who may serve as an election observer and what observers may do:
- Observers must be qualified to vote in Virginia and may not be a candidate on the ballot.26
- Election officials may permit no more than three observers per party or independent candidate in a room where the election is being conducted.27
- Observers may not: (1) hinder or delay a voter, (2) provide or show any ballot or campaign material to anyone, (3) attempt to influence any person casting a vote, (4) hinder or delay an election official, (5) be in a position to see a voter’s marked ballot, or (6) otherwise impede the orderly conduct of the election.28
- Observers must be close enough to see and hear what is occurring at a polling place or vote-counting site, so long as such observation does not violate a voter’s right to a secret ballot and does not interfere with the orderly process of the election.29
- Observers may not use a wireless device to record images inside a polling place or vote-counting site.30
- Election officials may prohibit observers from using wireless devices if their use would intimidate a voter, violate the right to a secret ballot, or otherwise disturb or interfere with the election.31
- Observers may not assist voters or wear anything indicating that they may assist voters inside or within 40 feet of a polling place.32
Election officials may remove any observer who does not adhere to the applicable guidelines.
Guns, Law Enforcement, and Federal Agents at Polling Places
Virginia prohibits the knowing possession of any firearm within 100 feet of any building, or part of a building, used as a place where individuals vote and election officials count ballots.33 Firearms are also prohibited within 100 feet of certain buildings, or parts of buildings, used for registering voters.34
Even at locations where firearms are not expressly prohibited, carrying a firearm may constitute unlawful intimidation.35 Such conduct may consist of:
- Carrying a visible firearm at a drop box or further than 100 feet from a building where people vote or register to vote, or election officials canvass ballots,
- Displaying a concealed firearm during a discussion or argument with a voter or election worker, or
- Approaching a voter or election worker while displaying a firearm.
Election officials, with the consent of the local chief law enforcement officer, may designate a law enforcement officer to be present at a polling place to preserve order inside and outside.36
Federal law limits the presence of the military and other armed federal agents at polling places:
- It is a felony for any federal official to send troops or armed persons to a polling place, unless “such force [is] necessary to repel armed enemies of the United States.”37
- It is a felony for a member of the military to intimidate voters or interfere with elections.38
Door-to-Door Intimidation
Both state and federal law prohibit canvassing efforts that are used to intimidate voters.39 Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials.
Endnotes
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1
See, e.g., 18 U.S.C. §§ 241, 594; 52 U.S.C. § 10101(b); Va. Code § 24.2–1005.
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2
Va. Code § 24.2–1005(A).
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3
Va. Code § 24.2–607(A).
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4
Va. Code § 24.2–604(A).
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5
Va. Code § 24.2–1015.
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6
Va. Code § 24.2–1005.2(A).
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7
Va. Code § 24.2–1005.2(B).
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8
Va. Code § 24.2–1005.1(A).
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9
Va. Code § 24.2–1002.
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10
Va. Code § 24.2–1003.
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11
Va. Code § 24.2–604(A).
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12
Va. Code § 24.2–605.
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13
H.B. 640, 2026 Gen. Assemb., Reg. Sess. (Va. 2026).
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14
Va. Code § 24.2–431(A).
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15
Va. Code § 24.2–1016.
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16
52 U.S.C. § 20507(c)(1)(B).
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17
52 U.S.C. § 20507(c)(2)(A).
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18
Va. Code § 24.2–1000.
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19
Va. Code § 18.2–419.
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20
Va. Code § 18.2–419.
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21
Va. Code §§ 24.2–109, 24.2–109.1, 24.2.110(A).
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22
Va. Code § 24.2–112.
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23
Va. Code § 24.2–115(A), (C).
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24
Va. Code § 24.2–115.2(A)–(B).
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25
Va. Code § 24.2–120; Va. Const. art. II, § 7.
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26
Va. Code § 24.2–604.4(B).
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27
Va. Code § 24.2–604.4(A).
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28
Va. Code § 24.2–604(C); Virginia Department of Elections, The Handbook, Chapter 11 Election Day Manual, August 2025, 5–6, https://perma.cc/9DG8–6KTA.
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29
Va. Code § 24.2–604.4(C).
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30
Va. Code § 24.2–604.4(D).
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31
Va. Code § 24.2–604.4(D).
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32
Va. Code § 24.2–604.4(E).
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33
Va. Code §§ 24.2–604(A), 24.2–107(E), 24.2–671(F), 24.2–679(C), 24.2–712(H), 24.2–802.1(A).
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34
Va. Code §§ 24.2–114, 24.2–411(D), 24.2–413(B).
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35
See New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111, 2133 (2022) (prohibitions on firearms in “sensitive places,” specifically “polling places,” are “presumptively lawful.”)
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36
Va. Code § 24.2–606.
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37
18 U.S.C. § 592.
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38
18 U.S.C. § 593. See also 52 U.S.C. 10102.
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39
18 U.S.C. §§ 241, 594; Va. Code § 24.2–1005.
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