                                 CODE OF VIRGINIA

AT-LARGE METHOD OF ELECTION; LIMITATIONS; VIOLATIONS; REMEDIES (§ 24.2-130)

A. An at-large method of election, including one that combines at-large
elections with district- or ward-based elections, shall not be imposed or
applied by the governing body of any locality in a manner that impairs the
ability of members of a protected class, as defined in &#xA7; 24.2-125, to elect
candidates of its choice or its ability to influence the outcome of an election,
as a result of the dilution or the abridgement of the rights of voters who are
members of a protected class.

B. A violation of subsection A is established if it is shown that racially
polarized voting occurs in local elections and that this, in combination with
the method of election, dilutes the voting strength of members of a protected
class. For purposes of this subsection, &#8220;racially polarized voting&#8221;
refers to the extent to which the candidate preferences of members of the
protected class and other voters in the jurisdiction have differed in recent
elections for the office at issue and other offices in which the voters have
been presented with a choice between candidates who are members of the protected
class and candidates who are not members of the protected class. A finding of
racially polarized voting or a violation of subsection A shall not be precluded
by the fact that members of a protected class are not geographically compact or
concentrated in a locality. Proof of an intent on the part of voters or elected
officials to discriminate against members of a protected class shall not be
required to prove a violation of subsection A.

C. Any voter who is a member of a protected class, as defined in &#xA7;
24.2-125, and who resides in a locality where a violation of this section is
alleged shall be entitled to initiate a cause of action in the circuit court of
the county or city in which the locality is located. 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. Upon a finding of a violation of this section, the court shall implement
appropriate remedies that are tailored to remedy the violation.

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