{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-304.04.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-304.04.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-304.04.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-304.04.html"}],"law_id":67376,"edition_id":1,"section_id":67376,"structure_id":15152,"section_number":"24.2-304.04","catch_line":"Standards and criteria for congressional and state legislative districts","history":"2020, cc. 1229, 1265.","full_text":"Every congressional and state legislative district shall be constituted so as to adhere to the following criteria:\n\n1\n\nDistricts shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district. A deviation of no more than five percent shall be permitted for state legislative districts.2\n\nDistricts shall be drawn in accordance with the requirements of the Constitution of the United States, including the Equal Protection Clause of the Fourteenth Amendment, and the Constitution of Virginia; federal and state laws, including the federal Voting Rights Act of 1965, as amended; and relevant judicial decisions relating to racial and ethnic fairness.3\n\nNo district shall be drawn that results in a denial or abridgement of the right of any citizen to vote on account of race or color or membership in a language minority group. No district shall be drawn that results in a denial or abridgement of the rights of any racial or language minority group to participate in the political process and to elect representatives of their choice. A violation of this subdivision is established if, on the basis of the totality of the circumstances, it is shown that districts were drawn in such a way that members of a racial or language minority group are dispersed into districts in which they constitute an ineffective minority of voters or are concentrated into districts where they constitute an excessive majority. The extent to which members of a racial or language minority group have been elected to office in the state or the political subdivision is one circumstance that may be considered. Nothing in this subdivision shall establish a right to have members of a racial or language minority group elected in numbers equal to their proportion in the population.4\n\nDistricts shall be drawn to give racial and language minorities an equal opportunity to participate in the political process and shall not dilute or diminish their ability to elect candidates of choice either alone or in coalition with others.5\n\nDistricts shall be drawn to preserve communities of interest. For purposes of this subdivision, a “community of interest” means a neighborhood or any geographically defined group of people living in an area who share similar social, cultural, and economic interests. A “community of interest” does not include a community based upon political affiliation or relationship with a political party, elected official, or candidate for office.6\n\nDistricts shall be composed of contiguous territory, with no district contiguous only by connections by water running downstream or upriver, and political boundaries may be considered.7\n\nDistricts shall be composed of compact territory and shall be drawn employing one or more standard numerical measures of individual and average district compactness, both statewide and district by district.8\n\nA map of districts shall not, when considered on a statewide basis, unduly favor or disfavor any political party.9\n\nThe whole number of persons reported in the most recent federal decennial census by the United States Bureau of the Census shall be the basis for determining district populations, except that no person shall be deemed to have gained or lost a residence by reason of conviction and incarceration in a federal, state, or local correctional facility. Persons incarcerated in a federal, state, or local correctional facility shall be counted in the locality of their address at the time of incarceration, and the Division of Legislative Services shall adjust the census data pursuant to § 24.2-314 for this purpose.","order_by":null,"text":{"0":{"id":244142,"text":"Every congressional and state legislative district shall be constituted so as to adhere to the following criteria:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":244143,"text":"Districts shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district. A deviation of no more than five percent shall be permitted for state legislative districts.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":244144,"text":"Districts shall be drawn in accordance with the requirements of the Constitution of the United States, including the Equal Protection Clause of the Fourteenth Amendment, and the Constitution of Virginia; federal and state laws, including the federal Voting Rights Act of 1965, as amended; and relevant judicial decisions relating to racial and ethnic fairness.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":244145,"text":"No district shall be drawn that results in a denial or abridgement of the right of any citizen to vote on account of race or color or membership in a language minority group. No district shall be drawn that results in a denial or abridgement of the rights of any racial or language minority group to participate in the political process and to elect representatives of their choice. A violation of this subdivision is established if, on the basis of the totality of the circumstances, it is shown that districts were drawn in such a way that members of a racial or language minority group are dispersed into districts in which they constitute an ineffective minority of voters or are concentrated into districts where they constitute an excessive majority. The extent to which members of a racial or language minority group have been elected to office in the state or the political subdivision is one circumstance that may be considered. Nothing in this subdivision shall establish a right to have members of a racial or language minority group elected in numbers equal to their proportion in the population.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":244146,"text":"Districts shall be drawn to give racial and language minorities an equal opportunity to participate in the political process and shall not dilute or diminish their ability to elect candidates of choice either alone or in coalition with others.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":244147,"text":"Districts shall be drawn to preserve communities of interest. For purposes of this subdivision, a “community of interest” means a neighborhood or any geographically defined group of people living in an area who share similar social, cultural, and economic interests. A “community of interest” does not include a community based upon political affiliation or relationship with a political party, elected official, or candidate for office.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":244148,"text":"Districts shall be composed of contiguous territory, with no district contiguous only by connections by water running downstream or upriver, and political boundaries may be considered.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":244149,"text":"Districts shall be composed of compact territory and shall be drawn employing one or more standard numerical measures of individual and average district compactness, both statewide and district by district.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":244150,"text":"A map of districts shall not, when considered on a statewide basis, unduly favor or disfavor any political party.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":244151,"text":"The whole number of persons reported in the most recent federal decennial census by the United States Bureau of the Census shall be the basis for determining district populations, except that no person shall be deemed to have gained or lost a residence by reason of conviction and incarceration in a federal, state, or local correctional facility. Persons incarcerated in a federal, state, or local correctional facility shall be counted in the locality of their address at the time of incarceration, and the Division of Legislative Services shall adjust the census data pursuant to § 24.2-314 for this purpose.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8"}},"ancestry":[{"id":15152,"edition_id":1,"name":"Congressional, Senatorial, and House of Delegates Districts","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13389,"metadata":{},"date_created":"2026-06-26 03:52:33","date_modified":"2026-06-26 03:52:33","permalink":{"id":187675,"object_type":"structure","relational_id":15152,"identifier":"2","token":"24.2\/3\/2","url":"\/24.2\/3\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13389,"edition_id":1,"name":"Election Districts, Precincts, and Polling Places","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12937,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":187667,"object_type":"structure","relational_id":13389,"identifier":"3","token":"24.2\/3","url":"\/24.2\/3\/","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":72593,"structure_id":15152,"section_number":"24.2-302","catch_line":"Repealed","url":"\/24.2-302\/","token":"24.2\/3\/2\/24.2-302","metadata":false},{"id":73855,"structure_id":15152,"section_number":"24.2-302.1","catch_line":"Repealed","url":"\/24.2-302.1\/","token":"24.2\/3\/2\/24.2-302.1","metadata":false},{"id":67906,"structure_id":15152,"section_number":"24.2-302.2","catch_line":"Repealed","url":"\/24.2-302.2\/","token":"24.2\/3\/2\/24.2-302.2","metadata":false},{"id":60898,"structure_id":15152,"section_number":"24.2-303","catch_line":"Repealed","url":"\/24.2-303\/","token":"24.2\/3\/2\/24.2-303","metadata":false},{"id":71891,"structure_id":15152,"section_number":"24.2-303.1","catch_line":"Repealed","url":"\/24.2-303.1\/","token":"24.2\/3\/2\/24.2-303.1","metadata":false},{"id":83238,"structure_id":15152,"section_number":"24.2-303.3","catch_line":"Repealed","url":"\/24.2-303.3\/","token":"24.2\/3\/2\/24.2-303.3","metadata":false},{"id":57719,"structure_id":15152,"section_number":"24.2-304","catch_line":"Repealed","url":"\/24.2-304\/","token":"24.2\/3\/2\/24.2-304","metadata":false},{"id":85144,"structure_id":15152,"section_number":"24.2-304.01","catch_line":"Repealed","url":"\/24.2-304.01\/","token":"24.2\/3\/2\/24.2-304.01","metadata":false},{"id":83296,"structure_id":15152,"section_number":"24.2-304.03","catch_line":"Repealed","url":"\/24.2-304.03\/","token":"24.2\/3\/2\/24.2-304.03","metadata":false},{"id":67376,"structure_id":15152,"section_number":"24.2-304.04","catch_line":"Standards and criteria for congressional and state legislative districts","url":"\/24.2-304.04\/","token":"24.2\/3\/2\/24.2-304.04","metadata":false},{"id":72545,"structure_id":15152,"section_number":"24.2-304.05","catch_line":"Legal boundaries of congressional and state legislative districts","url":"\/24.2-304.05\/","token":"24.2\/3\/2\/24.2-304.05","metadata":false}],"previous_section":{"id":83296,"structure_id":15152,"section_number":"24.2-304.03","catch_line":"Repealed","url":"\/24.2-304.03\/","token":"24.2\/3\/2\/24.2-304.03","metadata":false},"next_section":{"id":72545,"structure_id":15152,"section_number":"24.2-304.05","catch_line":"Legal boundaries of congressional and state legislative districts","url":"\/24.2-304.05\/","token":"24.2\/3\/2\/24.2-304.05","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-304.04\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1229<\/a> and 1265<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":73873,"section_number":"2.2-508","catch_line":"Legal service in certain redistricting proceedings","order_by":null,"url":"\/2.2-508\/"},{"id":86732,"section_number":"30-397","catch_line":"Proposal and submission of plans for districts","order_by":null,"url":"\/30-397\/"}],"refers_to":[{"id":70842,"section_number":"24.2-314","catch_line":"Population data; reallocation of prison populations","order_by":null,"url":"\/24.2-314\/"}],"permalink":{"id":187713,"object_type":"law","relational_id":67376,"identifier":"24.2-304.04","token":"24.2\/3\/2\/24.2-304.04","url":"\/24.2-304.04\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-304.04\/","token":"24.2\/3\/2\/24.2-304.04","dublin_core":{"Title":"Standards and criteria for congressional and state legislative districts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-304.04","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Every congressional and state legislative district shall be constituted so as to adhere to the following criteria:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Districts shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district. A deviation of no more than five percent shall be permitted for state legislative districts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Districts shall be drawn in accordance with the requirements of the Constitution of the United States, including the Equal Protection<\/span> Clause of the Fourteenth Amendment, and the Constitution of Virginia; federal and state laws<\/span>, including the federal Voting Rights Act of 1965, as amended; and relevant judicial decisions relating to racial and ethnic fairness. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No district shall be drawn that results in a denial or abridgement of the right of any citizen to vote on account of race or color or membership in a language minority group. No district shall be drawn that results in a denial or abridgement of the rights of any racial or language minority group to participate in the political process and to elect representatives of their choice. A violation of this subdivision is established if, on the basis of the totality of the circumstances, it is shown that districts were drawn in such a way that members of a racial or language minority group are dispersed into districts in which they constitute an ineffective minority of voters or are concentrated into districts where they constitute an excessive majority. The extent to which members of a racial or language minority group have been elected to office in the state or the political subdivision is one circumstance that may be considered. Nothing in this subdivision shall establish a right to have members of a racial or language minority group elected in numbers equal to their proportion in the population. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Districts shall be drawn to give racial and language minorities an equal opportunity to participate in the political process and shall not dilute or diminish their ability to elect candidates<\/span> of choice either alone or in coalition with others. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Districts shall be drawn to preserve communities of interest. For purposes of this subdivision, a “community of interest<\/span>” means a neighborhood or any geographically defined group of people living in an area who share similar social, cultural, and economic interests. A “community of interest<\/span>” does not include a community based upon political affiliation or relationship with a political party<\/span>, elected official, or candidate<\/span> for office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Districts shall be composed of contiguous territory, with no district contiguous only by connections by water running downstream or upriver, and political boundaries may be considered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Districts shall be composed of compact territory and shall be drawn employing one or more standard numerical measures of individual and average district compactness, both statewide and district by district. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> A map of districts shall not, when considered on a statewide basis, unduly favor or disfavor any political party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The whole number of persons reported in the most recent federal decennial census by the United States Bureau of the Census shall be the basis for determining district populations, except that no person shall be deemed to have gained or lost a residence<\/span> by reason of conviction<\/span> and incarceration in a federal, state, or local correctional facility. Persons incarcerated in a federal, state, or local correctional facility shall be counted in the locality of their address at the time of incarceration, and the Division of Legislative Services shall adjust the census data pursuant to § 24.2-314<\/a> for this purpose. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTANDARDS AND CRITERIA FOR CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS (\u00a7\n24.2-304.04)\n\nEvery congressional and state legislative district shall be constituted so as to\nadhere to the following criteria:\n\n1. Districts shall be so constituted as to give, as nearly as is practicable,\nrepresentation in proportion to the population of the district. A deviation of\nno more than five percent shall be permitted for state legislative districts.\n\n2. Districts shall be drawn in accordance with the requirements of the\nConstitution of the United States, including the Equal Protection Clause of the\nFourteenth Amendment, and the Constitution of Virginia; federal and state laws,\nincluding the federal Voting Rights Act of 1965, as amended; and relevant\njudicial decisions relating to racial and ethnic fairness.\n\n3. No district shall be drawn that results in a denial or abridgement of the\nright of any citizen to vote on account of race or color or membership in a\nlanguage minority group. No district shall be drawn that results in a denial or\nabridgement of the rights of any racial or language minority group to\nparticipate in the political process and to elect representatives of their\nchoice. A violation of this subdivision is established if, on the basis of the\ntotality of the circumstances, it is shown that districts were drawn in such a\nway that members of a racial or language minority group are dispersed into\ndistricts in which they constitute an ineffective minority of voters or are\nconcentrated into districts where they constitute an excessive majority. The\nextent to which members of a racial or language minority group have been elected\nto office in the state or the political subdivision is one circumstance that may\nbe considered. Nothing in this subdivision shall establish a right to have\nmembers of a racial or language minority group elected in numbers equal to their\nproportion in the population.\n\n4. Districts shall be drawn to give racial and language minorities an equal\nopportunity to participate in the political process and shall not dilute or\ndiminish their ability to elect candidates of choice either alone or in\ncoalition with others.\n\n5. Districts shall be drawn to preserve communities of interest. For purposes of\nthis subdivision, a “community of interest” means a neighborhood or\nany geographically defined group of people living in an area who share similar\nsocial, cultural, and economic interests. A “community of interest”\ndoes not include a community based upon political affiliation or relationship\nwith a political party, elected official, or candidate for office.\n\n6. Districts shall be composed of contiguous territory, with no district\ncontiguous only by connections by water running downstream or upriver, and\npolitical boundaries may be considered.\n\n7. Districts shall be composed of compact territory and shall be drawn employing\none or more standard numerical measures of individual and average district\ncompactness, both statewide and district by district.\n\n8. A map of districts shall not, when considered on a statewide basis, unduly\nfavor or disfavor any political party.\n\n9. The whole number of persons reported in the most recent federal decennial\ncensus by the United States Bureau of the Census shall be the basis for\ndetermining district populations, except that no person shall be deemed to have\ngained or lost a residence by reason of conviction and incarceration in a\nfederal, state, or local correctional facility. Persons incarcerated in a\nfederal, state, or local correctional facility shall be counted in the locality\nof their address at the time of incarceration, and the Division of Legislative\nServices shall adjust the census data pursuant to § 24.2-314 for this\npurpose.\n\nHISTORY: 2020, cc. 1229, 1265.","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}}