Topics
Code Section
virginia > Title 24.2 Elections > Election Offenses Generally; Penalties

§ 24.2-1006 Advice or assistance in casting ballot

Statute

Except as provided by § 24.2-649, no person shall directly or indirectly advise or assist any voter as to how he shall cast his ballot after the voter has entered the prohibited area at the polls as designated in § 24.2-604. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

Code 1950, § 24-237; 1970, c. 462, § 24.1-267; 1993, c. 641 .

Annotation: 10/12/2016 10:04 pm

As a criminal statue, this will be strictly construed and require a form of intent. The vast majority of Chapter 10 violations are prosecuted by Commonwealth Attorneys, except where a violation is alleged to involve operation of the State Board or a local electoral board which may involve action by the Attorney General.

Annotation: 10/11/2016 10:01 pm

Recent Attorney General opinion clarified that provision of assistance to a voter by means of communication by a camera or audio or visual recording device would constitute a violation of this statute. See http://ag.virginia.gov/files/Opinions/2016/16-038_Bell_Lind_issued.pdf.

Definition [Person]

Any individual or corporation, partnership, business, labor organization, membership organization, association, cooperative, or other like entity.

For the purpose of applying the filing and reporting requirements of this chapter, the term “person” shall not include an organization holding tax-exempt status under § 501(c) (3), 501(c) (4), or 501(c) (6) of the United States Internal Revenue Code which, in providing information to voters, does not advocate or endorse the election or defeat of a particular candidate, group of candidates, or the candidates of a particular political party.

Regulations & Guidance