Voting in Modern Virginia

Virginia has a locally administered, state-supervised electoral system with four key entities
Virginia has a locally administered, state-supervised electoral system with four key entities
Source: Joint Legislative and Advisory Committee (JLARC), Operations and Performance of Virginia's Department of Elections (Figure 1-1)

In Virginia, local registrars and Electoral Boards administwer elections in 133 jurisdictions. They organize the ballot, recruit officers of election (election officials), obtain suitable polling places, distribute ballots, and compile results. The Virginia Department of Elections (ELECT) issues guidance and manages the Virginia Election and Registration Information System (VERIS), which publicizes results on a website. The State Board of Elections certifies official results, except for recounts which are processed by Circuit Court judges.

On election day, polls are open between 6:00am-7:00pm. If there are problems with the voting machines or ballots have been misprinted, a precinct may open late or even close for a portion of the day. Voters must wait or come back later in order to cast their ballot.

Voters who go to the polls on election day will show identification, be recorded in the poll book (or turned away if not registered), and given a paper ballot. Voters then go to a booth where they mark their preferences on the paper ballot. The last stage in voting is to walk over to a scanner and run the ballot through it. When recorded by the scanner, a flag appears on screen. The paper stays in the scanner, and a poll worker gives the voter a sticker to advertise their participation in the process. Everyone standing in line at 7:00pm is allowed to vote, but those voters cast provisional ballots.

After all voting is completed, election officials at each precinct tabulate the votes. The electronic scanners were tested before polls open at 6:00am, and the Zero Tape documented that there were no pre-recorded votes. At the end of voting, the Results Tape from each machine reveals the totals that reflect preferences of the voters using each machine. At the precincts, election officials complete a Statement of Results worksheet with vote totals and submit it to the Electoral Board at election headquarters.

The Electoral Board meets in private to determine the qualifications of those who cast provisional votes, so those get counted on election night along with absentee ballots. The Electoral Board then holds a public meeting known as the "canvass." In the canvass, election officials consolidate results from the individual precincts. Candidates may have observers with an unobstructed view of the officials tabulating the votes.

The procedures for elections are defined in the Code of Virginia and guidance from the Virginia Board of Elections. There are provisions for different circumstances, designed to minimize the risk of voter fraud while facilitating a person's right to vote. For example, if a person is at least 65 years old or disabled but can get to their precinct's voting place, two election officials will carry a paper ballot out to a car.1

Modern voting procedures have a long, and not always honorable, history. Policies and standard operating procedures have been developed over time to address voter fraud (especially for absentee voting) and voter intimidation.

campaigning is restricted at polling places, including limits on loudspeakers
campaigning is restricted at polling places, including limits on loudspeakers
Source: Virginia Department of Elections, Guidelines for Campaigners and Authorized Representatives

In 1883, a supposed "riot" in Danville was publicized by Democrats as a sign that African-Americans were demanding social and economic equality, beyond the right to vote. The Democrats won control of the General Assembly in that election. After losing the race for governor in 1885, the Readjuster Party dissolved.2

Democrats consolidated control of the state. After passing the Anderson-McCormick Act in 1884, the General Assembly changed the voting procedures and appointed three-member electoral boards for each local jurisdiction. Those election officials facilitated election tampering and voter suppression so Democratic candidates gained an unfair advantage.3

Virginia became part of the Solid South where the capacity of Republicans to be elected was low. White voters remembered that Republicans controlled the Federal government during the Civil War and Reconstruction, and were reportedly willing to vote even for a yellow dog so long as it was a Democrat.

Voting by blacks was constrained through official procedures and unofficial intimidation, minimizing their ability to participate in the political process. However, John Mercer Langston ran as a Republican and managed to win election to the US Congress in 1888. The election of Virginia's first black US representative was disputed in the US Congress, and the seat was left empty for over a year.

Mercer served only the last seven months of his two-year term, and it was not until 1993 that Virginia elected its second African-American (Rep. Bobby Scott) to Congress. After 1891, no people of color served in the General Assembly until after passage of the Voting Rights Act of 1965. In 1968, Dr. William Ferguson Reid was elected from Richmond to serve in the House of Delegates.

The first black to be elected to the State Senate in modern times was L. Douglas Wilder, in 1970. He became the first person of color to be elected to statewide office as Lieutenant Governor in 1985, and then was elected Governor in 1989. In the 1985 election, Mary Sue Terry became the first and only woman to be elected to a statewide office when she won the race for Attorney General.4

After the 1902 state constitution disfranchised most African-American voters in Virginia, only the "Fighting Ninth" District for the US House of Representatives in southwestern Virginia remained competitive for Republicans. There were few black voters in that corner of Virginia, but throughout the 1800's the white residents had resented how the General Assembly and governor directed state revenues to benefit primarily the area east of the Blue Ridge. Southwestern Virginia and eastern Tennessee residents had little enthusiasm for secession and fighting for slavery during the Civil War, and because of the independent voters some Republicans continued to win elections there.

To enhance prospects in Virginia, Rep. C. Bascom Slemp from the 9th District led the "lily white" movement in Virginia's Republican Party. It excluded African-Americans from voting in the statewide convention in 1920, and in 1921 the Republican Party even banned African-Americans from the visitor's gallery. In response to the shunning by Republicans, a convention of 600 black delegates in 1921 nominated an independent ticket for governor, lieutenant governor, attorney general, superintendent of public instruction, treasurer, secretary of the commonwealth, State Corporation Council commissioner, and commissioner of agriculture. All the candidates were black.5

The Democratic Party maintained full control of state government until 1969. Key contests occurred in the Democratic primaries rather than in the general elections, and winning the Democratic Party primary ensured election. Between the 1920's-1960, Harry Byrd served first as governor and then as US Senator, and his Democratic Party "organization" controlled the General Assembly.

In the middle of the 20th Century, Virginia's electorate appeared schizophrenic to outsiders. As the national Republican Party became more conservative and the national Democratic Party became more liberal, Virginia voted for Republican presidential candidates in Federal elections but for Democrats in state/local elections.

Federal legislation and court rulings in the 1960's expanded the electorate, allowing minorities an opportunity to vote and win elections. New legislative districts were drawn in 1965 to comply with "one person-one vote" decisions by state and Federal courts.

Rep. Howard W. Smith had been elected nine times in the 8th Congressional District and had risen to become chair of the House Rules Committee, but in 1966 the more-liberal George W. Rawlings defeated Rep. Smith in the Democratic primary. Many conservative Democrats did not support Rawlings in the general election, and the Republican candidate (William Scott) defeated Rawlings. That led to more Republican victories in Northern Virginia for the next three decades.

In 1969, Republican Linwood Holton won the governor's office as the more-liberal candidate in the race. In 1973, the Virginia parties finally aligned with their national counterparts. The state Democratic Party shifted to the left, and Virginia Republicans became the conservative alternative.

After 2000, demographic changes helped make Northern Virginia a stronghold for liberal Democrats. Former Rep. Tom Davis, the last Republican elected to the US House of Representatives in Northern Virginia, emphasized that the shift occurred because his political party had advocated for social issues that resonated in rural areas (such as gun rights) but not addressed concerns of suburban voters. Republicans lost support as those suburban voters, particularly women, became a greater percentage of the electorate.

Del. Tim Hugo was the last Republican from Fairfax County and one of the last in all of Northern Virginia serving in the House of Delegates, after a "blue wave" of Democratic victories in 2017. During Hugo's unsuccessful 2019 campaign to retain the 40th District seat, he minimized his status as a Republican and referred to himself as a "Delegate Pothole" focused on local issues and constituent services. His opponent was clear in defining himself as a Democrat, and that helped him flip the seat in 2019.

Across the state, Democrats increased their majorities in suburban districts as the electorate migrated away from the Republican Party's conservative agenda on social issues. Tom Davis commented before the election:6

If Tim loses, it will just continue the march of the Republican base from the country club to the country.

in 2019, the Republican candidate for the 40th District minimized his association with the Republican Party - while his Democratic opponent did the opposite
in 2019, the Republican candidate for the 40th District minimized his association with the Republican Party - while his Democratic opponent did the opposite
Source: Tim Hugo - Delegate and Dan Helmer - Democrat for Delegate

Hugo did lose the race, as did the Republican candidate in the 13th State Senate district. After 2019, there was only one Republican left in the General Assembly representing a district in Northern Virginia north of the Occoquan River. The day after Rep. Dave LaRock was re-elected to the House of Delegates from the 33rd District, he commented:7

What's ahead for Virginia? I will make an optimistic forecast for conservatives. After mourning over unsuccessful contests fades, we will persevere...

after the 2019 election, the only Republican in the General Assembly from north of the Occoquan River represented the 33rd District
after the 2019 election, the only Republican in the General Assembly from north of the Occoquan River represented the 33rd District"
Source: Virginia General Assembly, 33rd House District

Today in Northern Virginia and several cities, victory in the Democratic primary became tantamount to election. In 2003, the race for the District 49 seat in the Virginia House of Delegates attracted so little interest that Adam Ebbin won the primary with just 771 votes, then ran unopposed in the general election to become the first openly gay member of the General Assembly.

Political analyst and scholar Larry Sabato noted:8

More votes are cast in an average student council election in high school - but those who show up at the polls rule the world, however few they may be.

in the 2003 primary, the candidate for the District 49 seat in the House of Delegates won with just 771 votes
in the 2003 primary, the candidate for the District 49 seat in the House of Delegates won with just 771 votes
Source: Virginia State Board of Elections, 2003 House of Delegates Democratic Primary - District 49

A single voter's decision occasionally determines who wins a race. In 1991, "Landslide Jim" Scott won the 53rd District seat in the House of Delegates by one vote. That same year, Peter T. Way won the race in the 58th District by the same narrow margin. Races can also end in a tie, after which the winner is chosen "by lot" rather than in a runoff election.9

suffragists who protested at the White House were jailed and force-fed at the Occoquan Workhouse in Lorton, before women gained the right to vote in 1920 after ratification of the 19th Amendment
suffragists who protested at the White House were jailed and force-fed at the Occoquan Workhouse in Lorton, before women gained the right to vote in 1920 after ratification of the 19th Amendment
Source: Architect of the Capitol, Women's Suffrage Parade, 1917

Assigning residents to the correct local, state, and Federal voting districts is the responsibility of local registrars in each county/city. In 2017, an election in Newport News for the 94th District in the House of Delegates ended in a tie vote. The winner was decided by drawing names from a bowl.

Afterwards, it became clear that some voters had been assigned to the wrong precinct. The Joint Legislative Audit and Review Commission reported in 2018 that mis-assignment of voters was not unique to Newport News, in part because local registrars did not use address and boundary data consistently:10

The vast majority of voters potentially assigned to the wrong legislative districts are clustered along localities' boundaries. This results from discrepancies between state and local definitions of locality boundaries...

The discrepancies between state and local definitions of locality boundaries stem from two factors. First, some localities have informal agreements about the location of a mutual boundary that deviate from locality boundaries as defined by the state...

The second factor contributing to discrepancies between state and local definitions of locality boundaries is that the state and localities do not always use the same maps... In some cases, localities map their jurisdictional boundaries using GIS data that is not from the U.S. Census Bureau...

Not all localities use GIS software to draw precinct boundaries and assign voters to legislative districts. Some registrars still assign voters though manual processes, such as using paper maps and physically driving around the locality.

local registrars assign voters to precincts, but state boundaries and address data may be inconsistent with local decisions
local registrars assign voters to precincts, but state boundaries and address data may be inconsistent with local decisions
Source: Joint Legislative Audit and Review Commission, Operations and Performance of Virginia's Department of Elections (Figure 2-13)

Simply getting people to choose to vote is a challenge for both major political parties. Elections are held every year in Virginia, with state offices on the ballot in odd-numbered years and Federal offices in even-numbered years. The presidential election every four years generates the greatest interest and the highest number of voters. The next year, in an "off year" election, Virginia elects a governor, lieutenant governor, and attorney general in a statewide election.

Voter participation two years later, in an "off-off year," typically has the lowest participation. Political parties always emphasize Get Out The Vote campaigns, but they have the greatest impact in off-off year elections, when there are no Federal or statewide elections. In 2015, an off-off year with races for just the House of Delegates and State Senate seats (plus some local offices), only 29% of the registered voters went to the polls.

voter turnout changes dramatically between off-off year elections and the next year when presidents are elected (in bold print)
voter turnout changes dramatically between off-off year elections and the next year when presidents are elected (in bold print)
Source: Virginia Department of Elections, Registration/Turnout Reports

In 2019, as formal impeachment proceedings against President Trump were getting started, over 40% of the voters cast a ballot. That was a record turnout for an off-off year election in Virginia. In the general 2019 election, voters elected enough Democrats to replace Republicans that the majority switched in both the State Senate and the House of Delegates. Democrats gained control of the General Assembly for the first time since 1995.

In the presidential election year 2016, 72% of registered voters chose to participate in the election through absentee or in-person voting.11

2019 had record-high voter participation in an off-off year election
2019 had record-high voter participation in an off-off year election
Source: Virginia Public Access Project, Record Turnout for Off-Off Year

Counting and Recounting the Votes

Disfranchisement in Virginia

Disfranchising Convicted Felons and Restoring Their Right to Vote

Electoral Boards, General Registrars, and the Election Process

Nominating Candidates of Political Parties in Virginia

Property Requirements for Voting in Virginia, 1670-1850

Replacing Local Officials

Replacing Officials Elected State-Wide

Redistricting in Virginia

Third Party Candidates and Independents

Virginia Political Parties

Voting in Colonial Virginia

What Happens If the Vote Ends In a Tie?

Women's Suffrage in Virginia

Write-In Candidates Occasionally Win Elections

Links

computerization, especially Geographic Information System (GIS) technology, has provided new techniques for Get Out The Vote (GOTO) and voter suppression campaigns
computerization, especially Geographic Information System (GIS) technology, has provided new techniques for Get Out The Vote (GOTO) and voter suppression campaigns
Source: Virginia State Board of Elections, Evolution of Virginia Elections

References

1. "Virginia's What If's," Virginia Department of Elections, September 2019, https://www.elections.virginia.gov/media/formswarehouse/election-management/election-day-instructions-and-forms/What_Ifs_2019.pptx; "The Handbook: Chapter 14, Canvass," Virginia Department of Elections, October 2019, https://www.elections.virginia.gov/media/grebhandbook/individual-chapters/14_Canvass_10-19.pdf (last checked November 30, 2019)
2. Brendan Wolfe, "Danville Riot (1883)," Encyclopedia Virginia, Virginia Foundation for the Humanities, June 29, 2015, https://www.encyclopediavirginia.org/Danville_Riot_1883 (last checked June 22, 2017)
3. Brent Tartar, "African Americans and Politics in Virginia (1865–1902)," Encyclopedia Virginia, October 21, 2015, https://www.encyclopediavirginia.org/african_americans_and_politics_in_virginia_1865-1902 (last checked October 30, 2019)
4. "Langston John Mercer," United States House of Representatives, https://history.house.gov/People/Detail/16682; "What Is a 'Blue-Dog' Democrat?," Slate, December 14, 2000, https://slate.com/news-and-politics/2000/12/what-is-a-blue-dog-democrat.html; "Congressman Bobby Scott - Biography," US House of Representatives, https://bobbyscott.house.gov/about/biography; Michael L. Clemons, Charles E. Jones, "African American Legislative Politics in Virginia," Journal of Black Studies, Volume 30, Number 6 (July 2000), p.746, https://www.jstor.org/stable/2645922 (last checked October 30, 2019)
5. "The Richmond Planet Announced John Mitchell's Candidacy For Governor, September 10, 1921," Library of Virginia, http://edu.lva.virginia.gov/online_classroom/shaping_the_constitution/doc/mitchell (last checked October 30, 2019)
6. "The lonely battle of the last Republican lawmaker from northern Virginia," Washington Post, November 1, 2019, https://www.washingtonpost.com/local/virginia-politics/the-lonely-battle-of-the-last-republican-lawmaker-from-northern-virginia/2019/10/30/2297494c-f4f8-11e9-8cf0-4cc99f74d127_story.html; "How Voters Turned Virginia From Deep Red to Solid Blue," New York Times, November 9, 2019, https://www.nytimes.com/2019/11/09/us/politics/virginia-elections-democrats-republicans.html (last checked November 10, 2019)
7. "2019 November General - Unofficial Results," Virginia State Board of Elections, https://results.elections.virginia.gov/vaelections/2019%20November%20General/Site/GeneralAssembly.html; "Never Give Up!," Dave LaRock for Delegate, November 6, 2019, https://www.votelarock.us/news/never-give-up (last checked November 14, 2019>
8. "Virginia Votes 2003: Not much to remember, not much to forget," University of Virginia Center for Politics, 2003, p.4, http://www.centerforpolitics.org/downloads/vavotes2003.pdf (last checked June 22, 2017)
9. "James M. Scott, Fairfax County delegate in Virginia legislature, dies at 78," Washington Post, April 20, 2017, https://www.washingtonpost.com/local/obituaries/james-m-scott-fairfax-county-delegate-in-virginia-legislature-dies-at-78/2017/04/20/f8fa6ac4-251a-11e7-b503-9d616bd5a305_story.html; "Counting recounts," Daily Press, December 12, 2017, http://www.dailypress.com/news/politics/shad-plank-blog/dp-nws-recount-history-20171212-story.html; "Democrat Files Challenge Of 17-Vote Loss In Fairfax Delegate Race," Washington Post, November 26, 1991, https://www.washingtonpost.com/archive/local/1991/11/26/democrat-files-challenge-of-17-vote-loss-in-fairfax-delegate-race/21643ee6-f3e1-4f20-8243-2bb040152647/; Code of Virginia, Title 24.2. Elections - Chapter 6. The Election - - 24.2-674. Determination by lot in case of tie, https://law.lis.virginia.gov/vacode/title24.2/chapter6/section24.2-674/ (last checked December 20, 2017)
10. "Operations and Performance of Virginia's Department of Elections," Joint Legislative Audit and Review Commission, Commission Draft, JLARC Report 508, 2018, pp.23-24, http://jlarc.virginia.gov/pdfs/reports/Rpt508.pdf; "Study finds Department of Elections fails to help local registrars, was subject to political influence," Virginia Mercury, September 10, 2018, https://www.virginiamercury.com/2018/09/10/study-finds-department-of-elections-fails-to-help-local-registrars-subject-to-political-influence/ (last checked September 11, 2018)
11. "A Brief History of Virginia's Off-Year Elections," Virginia Public Media, October 25, 2019, https://vpm.org/news/articles/7927/a-brief-history-of-virginias-off-year-elections; "Record Turnout for Off-Off Year," Virginia Public Access Project, https://www.vpap.org/visuals/visual/record-turnout-year/; "End of Divided Government," Virginia Public Access Project, https://www.vpap.org/visuals/visual/end-divided-government/ (last checked November 14, 2019)


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