{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-129.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-129.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-129.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-129.html"}],"law_id":73528,"edition_id":1,"section_id":73528,"structure_id":12964,"section_number":"24.2-129","catch_line":"Covered practices; actions required prior to enactment or administration","history":"2021, Sp. Sess. I, cc. 528, 533.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Certification of no objection” means a certification issued by the Attorney General that there is no objection to the enactment or administration of a covered practice by a locality because the covered practice neither has the purpose or effect of denying or abridging the right to vote based on race or color or membership in a language minority group nor will result in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise.\n\t\t\t“Covered practice” means:1\n\nAny change to the method of election of members of a governing body or an elected school board by adding seats elected at large or by converting one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district;2\n\nAny change, or series of changes within a 12-month period, to the boundaries of the locality that reduces by more than five percentage points the proportion of the locality’s voting age population that is composed of members of a single racial or language minority group, as determined by the most recent American Community Survey data;3\n\nAny change to the boundaries of election districts or wards in the locality, including changes made pursuant to a decennial redistricting measure;4\n\nAny change that restricts the ability of any person to provide interpreter services to voters in any language other than English or that limits or impairs the creation or distribution of voting or election materials in any language other than English; or5\n\nAny change that reduces the number of or consolidates or relocates polling places in the locality, except where permitted by law in the event of an emergency.\n\t\t\t\t“Voting age population” means the resident population of persons who are 18 years of age or older, as determined by the most recent American Community Survey data available at the time any change to a covered practice is published pursuant to subsection B.B\n\nPrior to enacting or seeking to administer any voting qualification or prerequisite to voting, or any standard, practice, or procedure with respect to voting, that is a covered practice, the governing body shall cause to be published on the official website for the locality the proposed covered practice and general notice of opportunity for public comment on the proposed covered practice. The governing body shall also publicize the notice through press releases and such other media as will best serve the purpose and subject involved. Such notice shall be made at least 45 days in advance of the last date prescribed in the notice for public comment.\n\t\t\tPublic comment shall be accepted for a period of no fewer than 30 days. During this period, the governing body shall afford interested persons an opportunity to submit data, views, and arguments in writing by mail, fax, or email, or through an online public comment forum on the official website for the locality if one has been established. The governing body shall conduct at least one public hearing during this period to receive public comment on the proposed covered practice.\n\t\t\tThe governing body may make changes to the proposed covered practice in response to public comment received. If doing so, the revised covered practice shall be published and public comment shall be accepted in accordance with this subsection, except the public comment period shall be no fewer than 15 days.C\n\nFollowing the public comment period or periods prescribed in subsection B, the governing body shall publish the final covered practice, which shall include a plain English description of the practice and the text of an ordinance giving effect to the practice, maps of proposed boundary changes, or other relevant materials, and notice that the covered practice will take effect in 30 days. During this 30-day waiting period, any person who will be subject to or affected by the covered practice may challenge in the circuit court of the locality where the covered practice is to be implemented the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. In such action, the court may, in its discretion, allow a private plaintiff a reasonable attorney fee as part of the costs, if such plaintiff is the prevailing party.D\n\nThe governing body of a locality seeking to administer or implement a covered practice, in lieu of following the provisions of subsections B and C, may submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection. Such practice shall not be given effect until the Attorney General has issued such certification. A certification of no objection shall be deemed to have been issued if the Attorney General does not interpose an objection within 60 days of the governing body’s submission or if, upon good cause shown and to facilitate an expedited approval within 60 days of the governing body’s submission, the Attorney General has affirmatively indicated that no such objection will be made. An affirmative indication by the Attorney General that no objection will be made or the absence of an objection to the covered practice by the Attorney General shall not bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure.","order_by":null,"text":{"0":{"id":264541,"text":"For the purposes of this section:\n\t\t\t“Certification of no objection” means a certification issued by the Attorney General that there is no objection to the enactment or administration of a covered practice by a locality because the covered practice neither has the purpose or effect of denying or abridging the right to vote based on race or color or membership in a language minority group nor will result in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise.\n\t\t\t“Covered practice” means:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":264542,"text":"Any change to the method of election of members of a governing body or an elected school board by adding seats elected at large or by converting one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":264543,"text":"Any change, or series of changes within a 12-month period, to the boundaries of the locality that reduces by more than five percentage points the proportion of the locality’s voting age population that is composed of members of a single racial or language minority group, as determined by the most recent American Community Survey data;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":264544,"text":"Any change to the boundaries of election districts or wards in the locality, including changes made pursuant to a decennial redistricting measure;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":264545,"text":"Any change that restricts the ability of any person to provide interpreter services to voters in any language other than English or that limits or impairs the creation or distribution of voting or election materials in any language other than English; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":264546,"text":"Any change that reduces the number of or consolidates or relocates polling places in the locality, except where permitted by law in the event of an emergency.\n\t\t\t\t“Voting age population” means the resident population of persons who are 18 years of age or older, as determined by the most recent American Community Survey data available at the time any change to a covered practice is published pursuant to subsection B.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":264547,"text":"Prior to enacting or seeking to administer any voting qualification or prerequisite to voting, or any standard, practice, or procedure with respect to voting, that is a covered practice, the governing body shall cause to be published on the official website for the locality the proposed covered practice and general notice of opportunity for public comment on the proposed covered practice. The governing body shall also publicize the notice through press releases and such other media as will best serve the purpose and subject involved. Such notice shall be made at least 45 days in advance of the last date prescribed in the notice for public comment.\n\t\t\tPublic comment shall be accepted for a period of no fewer than 30 days. During this period, the governing body shall afford interested persons an opportunity to submit data, views, and arguments in writing by mail, fax, or email, or through an online public comment forum on the official website for the locality if one has been established. The governing body shall conduct at least one public hearing during this period to receive public comment on the proposed covered practice.\n\t\t\tThe governing body may make changes to the proposed covered practice in response to public comment received. If doing so, the revised covered practice shall be published and public comment shall be accepted in accordance with this subsection, except the public comment period shall be no fewer than 15 days.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":264548,"text":"Following the public comment period or periods prescribed in subsection B, the governing body shall publish the final covered practice, which shall include a plain English description of the practice and the text of an ordinance giving effect to the practice, maps of proposed boundary changes, or other relevant materials, and notice that the covered practice will take effect in 30 days. During this 30-day waiting period, any person who will be subject to or affected by the covered practice may challenge in the circuit court of the locality where the covered practice is to be implemented the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. In such action, the court may, in its discretion, allow a private plaintiff a reasonable attorney fee as part of the costs, if such plaintiff is the prevailing party.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":264549,"text":"The governing body of a locality seeking to administer or implement a covered practice, in lieu of following the provisions of subsections B and C, may submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection. Such practice shall not be given effect until the Attorney General has issued such certification. A certification of no objection shall be deemed to have been issued if the Attorney General does not interpose an objection within 60 days of the governing body’s submission or if, upon good cause shown and to facilitate an expedited approval within 60 days of the governing body’s submission, the Attorney General has affirmatively indicated that no such objection will be made. An affirmative indication by the Attorney General that no objection will be made or the absence of an objection to the covered practice by the Attorney General shall not bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12964,"edition_id":1,"name":"Rights of Voters","identifier":"1.1","label":"chapter","depth":2,"order_by":1,"parent_id":12937,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":187325,"object_type":"structure","relational_id":12964,"identifier":"1.1","token":"24.2\/1.1","url":"\/24.2\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12937,"edition_id":1,"name":"Elections","identifier":"24.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":187149,"object_type":"structure","relational_id":12937,"identifier":"24.2","token":"24.2","url":"\/24.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59634,"structure_id":12964,"section_number":"24.2-125","catch_line":"Definitions","url":"\/24.2-125\/","token":"24.2\/1.1\/24.2-125","metadata":false},{"id":59797,"structure_id":12964,"section_number":"24.2-126","catch_line":"Vote denial or dilution","url":"\/24.2-126\/","token":"24.2\/1.1\/24.2-126","metadata":false},{"id":54056,"structure_id":12964,"section_number":"24.2-127","catch_line":"Impairment of voting rights of registered voters","url":"\/24.2-127\/","token":"24.2\/1.1\/24.2-127","metadata":false},{"id":83566,"structure_id":12964,"section_number":"24.2-128","catch_line":"Minority language accessibility","url":"\/24.2-128\/","token":"24.2\/1.1\/24.2-128","metadata":false},{"id":73528,"structure_id":12964,"section_number":"24.2-129","catch_line":"Covered practices; actions required prior to enactment or administration","url":"\/24.2-129\/","token":"24.2\/1.1\/24.2-129","metadata":false},{"id":62568,"structure_id":12964,"section_number":"24.2-130","catch_line":"At-large method of election; limitations; violations; remedies","url":"\/24.2-130\/","token":"24.2\/1.1\/24.2-130","metadata":false},{"id":56804,"structure_id":12964,"section_number":"24.2-131","catch_line":"Voter Education and Outreach Fund","url":"\/24.2-131\/","token":"24.2\/1.1\/24.2-131","metadata":false}],"previous_section":{"id":83566,"structure_id":12964,"section_number":"24.2-128","catch_line":"Minority language accessibility","url":"\/24.2-128\/","token":"24.2\/1.1\/24.2-128","metadata":false},"next_section":{"id":62568,"structure_id":12964,"section_number":"24.2-130","catch_line":"At-large method of election; limitations; violations; remedies","url":"\/24.2-130\/","token":"24.2\/1.1\/24.2-130","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-129\/","history_text":false,"references":false,"refers_to":false,"permalink":{"id":187343,"object_type":"law","relational_id":73528,"identifier":"24.2-129","token":"24.2\/1.1\/24.2-129","url":"\/24.2-129\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-129\/","token":"24.2\/1.1\/24.2-129","dublin_core":{"Title":"Covered practices; actions required prior to enactment or administration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-129","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Certification of no objection<\/span>” means a certification issued by the Attorney General<\/span> that there is no objection to the enactment or administration of a covered practice by a locality because the covered practice neither has the purpose or effect of denying or abridging the right to vote based on race or color or membership in a language minority group nor will result in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise.\n\t\t\t“Covered practice” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any change to the method of election<\/span> of members of a governing body or an elected school board<\/span> by adding seats elected at large or by converting one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any change, or series of changes within a 12-month period, to the boundaries of the locality that reduces by more than five percentage points the proportion of the locality’s voting age population<\/span> that is composed of members of a single racial or language minority group, as determined by the most recent American Community Survey data; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any change to the boundaries of election districts<\/span> or wards in the locality, including changes made pursuant to a decennial redistricting measure; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any change that restricts the ability of any person to provide interpreter services to voters in any language other than English or that limits or impairs the creation or distribution of voting or election materials<\/span> in any language other than English; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any change that reduces the number of or consolidates or relocates polling places<\/span> in the locality, except where permitted by law<\/span> in the event of an emergency.\n\t\t\t\t“Voting age population<\/span>” means the resident population of persons who are 18 years of age or older, as determined by the most recent American Community Survey data available at the time any change to a covered practice is published pursuant to subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to enacting or seeking to administer any voting qualification or prerequisite to voting, or any standard, practice, or procedure with respect to voting, that is a covered practice, the governing body shall cause to be published on the official website for the locality the proposed covered practice and general notice of opportunity for public comment on the proposed covered practice. The governing body shall also publicize the notice through press releases and such other media as will best serve the purpose and subject involved. Such notice shall be made at least 45 days in advance of the last date prescribed in the notice for public comment.\n\t\t\tPublic comment shall be accepted for a period of no fewer than 30 days. During this period, the governing body shall afford interested persons an opportunity to submit data, views, and arguments in writing by mail, fax, or email, or through an online public comment forum on the official website for the locality if one has been established. The governing body shall conduct at least one public hearing<\/span> during this period to receive public comment on the proposed covered practice.\n\t\t\tThe governing body may make changes to the proposed covered practice in response to public comment received. If doing so, the revised covered practice shall be published and public comment shall be accepted in accordance with this subsection, except the public comment period shall be no fewer than 15 days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Following the public comment period or periods prescribed in subsection B, the governing body shall publish the final covered practice, which shall include a plain English description of the practice and the text of an ordinance<\/span> giving effect to the practice, maps of proposed boundary changes, or other relevant materials<\/span>, and notice that the covered practice will take effect in 30 days. During this 30-day waiting period, any person who will be subject to or affected by the covered practice may challenge in the circuit<\/span> court<\/span> of the locality where the covered practice is to be implemented the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. In such action, the court<\/span> may, in its discretion, allow a private plaintiff<\/span> a reasonable attorney fee as part of the costs, if such plaintiff<\/span> is the prevailing party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The governing body of a locality seeking to administer or implement a covered practice, in lieu of following the provisions of subsections B and C, may submit the proposed covered practice to the Office of the Attorney General<\/span> for issuance of a certification of no objection<\/span>. Such practice shall not be given effect until the Attorney General<\/span> has issued such certification. A certification of no objection<\/span> shall be deemed to have been issued if the Attorney General<\/span> does not interpose an objection within 60 days of the governing body’s submission or if, upon good cause shown and to facilitate an expedited approval within 60 days of the governing body’s submission, the Attorney General<\/span> has affirmatively indicated that no such objection will be made. An affirmative indication by the Attorney General<\/span> that no objection will be made or the absence of an objection to the covered practice by the Attorney General<\/span> shall not bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOVERED PRACTICES; ACTIONS REQUIRED PRIOR TO ENACTMENT OR ADMINISTRATION (\u00a7\n24.2-129)\n\nA. For the purposes of this section:\n\t\t\t“Certification of no objection” means a certification issued by\nthe Attorney General that there is no objection to the enactment or\nadministration of a covered practice by a locality because the covered practice\nneither has the purpose or effect of denying or abridging the right to vote\nbased on race or color or membership in a language minority group nor will\nresult in the retrogression in the position of members of a racial or ethnic\ngroup with respect to their effective exercise of the electoral franchise.\n\t\t\t“Covered practice” means:\n\n 1. Any change to the method of election of members of a governing body or an\n elected school board by adding seats elected at large or by converting one or\n more seats elected from a single-member district to one or more at-large seats\n or seats from a multi-member district;\n\n 2. Any change, or series of changes within a 12-month period, to the\n boundaries of the locality that reduces by more than five percentage points\n the proportion of the locality’s voting age population that is composed\n of members of a single racial or language minority group, as determined by the\n most recent American Community Survey data;\n\n 3. Any change to the boundaries of election districts or wards in the\n locality, including changes made pursuant to a decennial redistricting\n measure;\n\n 4. Any change that restricts the ability of any person to provide interpreter\n services to voters in any language other than English or that limits or\n impairs the creation or distribution of voting or election materials in any\n language other than English; or\n\n 5. Any change that reduces the number of or consolidates or relocates polling\n places in the locality, except where permitted by law in the event of an\n emergency.\n \t\t\t\t“Voting age population” means the resident population of\n persons who are 18 years of age or older, as determined by the most recent\n American Community Survey data available at the time any change to a covered\n practice is published pursuant to subsection B.\n\nB. Prior to enacting or seeking to administer any voting qualification or\nprerequisite to voting, or any standard, practice, or procedure with respect to\nvoting, that is a covered practice, the governing body shall cause to be\npublished on the official website for the locality the proposed covered practice\nand general notice of opportunity for public comment on the proposed covered\npractice. The governing body shall also publicize the notice through press\nreleases and such other media as will best serve the purpose and subject\ninvolved. Such notice shall be made at least 45 days in advance of the last date\nprescribed in the notice for public comment.\n\t\t\tPublic comment shall be accepted for a period of no fewer than 30 days.\nDuring this period, the governing body shall afford interested persons an\nopportunity to submit data, views, and arguments in writing by mail, fax, or\nemail, or through an online public comment forum on the official website for the\nlocality if one has been established. The governing body shall conduct at least\none public hearing during this period to receive public comment on the proposed\ncovered practice.\n\t\t\tThe governing body may make changes to the proposed covered practice in\nresponse to public comment received. If doing so, the revised covered practice\nshall be published and public comment shall be accepted in accordance with this\nsubsection, except the public comment period shall be no fewer than 15 days.\n\nC. Following the public comment period or periods prescribed in subsection B,\nthe governing body shall publish the final covered practice, which shall include\na plain English description of the practice and the text of an ordinance giving\neffect to the practice, maps of proposed boundary changes, or other relevant\nmaterials, and notice that the covered practice will take effect in 30 days.\nDuring this 30-day waiting period, any person who will be subject to or affected\nby the covered practice may challenge in the circuit court of the locality where\nthe covered practice is to be implemented the covered practice as (i) having the\npurpose or effect of denying or abridging the right to vote on the basis of race\nor color or membership in a language minority group or (ii) resulting in the\nretrogression in the position of members of a racial or ethnic group with\nrespect to their effective exercise of the electoral franchise. In such action,\nthe court may, in its discretion, allow a private plaintiff a reasonable\nattorney fee as part of the costs, if such plaintiff is the prevailing party.\n\nD. The governing body of a locality seeking to administer or implement a covered\npractice, in lieu of following the provisions of subsections B and C, may submit\nthe proposed covered practice to the Office of the Attorney General for issuance\nof a certification of no objection. Such practice shall not be given effect\nuntil the Attorney General has issued such certification. A certification of no\nobjection shall be deemed to have been issued if the Attorney General does not\ninterpose an objection within 60 days of the governing body’s submission\nor if, upon good cause shown and to facilitate an expedited approval within 60\ndays of the governing body’s submission, the Attorney General has\naffirmatively indicated that no such objection will be made. An affirmative\nindication by the Attorney General that no objection will be made or the absence\nof an objection to the covered practice by the Attorney General shall not bar a\nsubsequent action to enjoin enforcement of such qualification, prerequisite,\nstandard, practice, or procedure.\n\nHISTORY: 2021, Sp. Sess. I, cc. 528, 533.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}