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virginia > Title 24.2 Elections > Election Districts, Precincts, And Polling Places

§ 24.2-309.2 Election precincts; prohibiting precinct changes for specified period of time

Overview of Statute

This section prohibited precinct changes from going into effect for a specified period of time, which spanned from February 2009 to May 2011. However, there were exceptions. This section also did not prohibit any county, city, or town from adopting an ordinance revising precinct boundaries or submitting their ordinance to the Department of Justice in compliance with the Voting Rights Act, so long as no revisions were implemented prior to May 2011.

Statute

No county, city, or town shall create, divide, abolish, or consolidate any precincts, or otherwise change the boundaries of any precinct, effective during the period from February 1, 2009, to May 15, 2011, except as (i) provided by law upon a change in the boundaries of the county, city, or town, (ii) the result of a court order, (iii) the result of a change in the form of government, or (iv) the result of an increase or decrease in the number of local election districts other than at-large districts. Any ordinance required to comply with the requirements of § 24.2-307 shall be adopted on or before February 1, 2009.

If a change in the boundaries of a precinct is required pursuant to clause (i), (ii), (iii), or (iv) above, the county, city, or town shall comply with the applicable requirements of law, including §§ 24.2-304.3 and 30-264, and send copies of the ordered or enacted changes to the State Board of Elections and the Division of Legislative Services.

This section shall not prohibit any county, city, or town from adopting an ordinance revising precinct boundaries or submitting that ordinance to the United States Department of Justice in accordance with § 5 of the United States Voting Rights Act of 1965, as amended, after January 1, 2011. However, no revisions in precinct boundaries shall be implemented in the conduct of elections prior to May 15, 2011.

2008, c. 112.

Definition [Department]

The state agency headed by the Commissioner of Elections.

Definition [State Board]

The State Board of Elections.

Definition [United States]

Used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

Definition [Election district]

The territory designated by proper authority or by law which is represented by an official elected by the people, including the Commonwealth, a congressional district, a General Assembly district, or a district for the election of an official of a county, city, town, or other governmental unit.

Definition [Board]

The State Board of Elections.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Definition [Election]

A general, primary, or special election.

Definition [Precinct]

The territory designated by the governing body of a county, city, or town to be served by one polling place.