                                 CODE OF VIRGINIA

COVERED PRACTICES; ACTIONS REQUIRED PRIOR TO ENACTMENT OR ADMINISTRATION (§
24.2-129)

A. For the purposes of this section:
			&#8220;Certification of no objection&#8221; 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.
			&#8220;Covered practice&#8221; means:

   1. 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;

   2. 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&#8217;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. Any change to the boundaries of election districts or wards in the
   locality, including changes made pursuant to a decennial redistricting
   measure;

   4. 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

   5. 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.
   				&#8220;Voting age population&#8221; 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. 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.
			Public 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.
			The 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. 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.

D. 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&#8217;s submission
or if, upon good cause shown and to facilitate an expedited approval within 60
days of the governing body&#8217;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.

HISTORY: 2021, Sp. Sess. I, cc. 528, 533.