                                 CODE OF VIRGINIA

REQUIREMENTS FOR POLLING PLACES (§ 24.2-310)

A. The polling place for each precinct shall be located within the county or
city and either within the precinct or within one mile of the precinct boundary,
unless a waiver has been granted pursuant to subsection G. The polling place for
a county precinct may be located within a city (i) if the city is wholly
contained within the county election district served by the precinct or (ii) if
the city is wholly contained within the county and the polling place is located
on property owned by the county. The polling place for a town precinct may be
located within one mile of the precinct and town boundary. For town elections
held in November, the town shall use the polling places established by the
county for its elections.

B. The governing body of each county, city, and town shall provide funds to
enable the general registrar to provide adequate facilities at each polling
place for the conduct of elections. Each polling place shall be located in a
public building whenever practicable. If more than one polling place is located
in the same building, each polling place shall be located in a separate room or
separate and defined space.

C. Polling places shall be accessible to qualified voters as required by the
provisions of the Virginians with Disabilities Act (&#xA7; 51.5-1 et seq.), the
Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. &#xA7; 20101
et seq.), and the Americans with Disabilities Act relating to public services
(42 U.S.C. &#xA7; 12131 et seq.). The State Board shall provide instructions to
the local electoral boards and general registrars to assist the localities in
complying with the requirements of the Acts.

D. If an emergency makes a polling place unusable or inaccessible, the electoral
board or the general registrar shall provide an alternative polling place and
give notice of the change in polling place, including to all candidates, or such
candidate&#8217;s campaign, appearing on the ballot to be voted at the
alternative polling place, subject to the prior approval of the State Board. The
general registrar shall provide notice to the voters appropriate to the
circumstances of the emergency. For the purposes of this subsection, an
&#8220;emergency&#8221; means a rare and unforeseen combination of
circumstances, or the resulting state, that calls for immediate action.

E. It shall be permissible to distribute campaign and referendum materials on
the election day on the property on which a polling place is located and outside
of the building containing the room where the election is conducted except as
specifically prohibited by law including, without limitation, the prohibitions
of &#xA7; 24.2-604 and the establishment of the &#8220;Prohibited Area&#8221;
within 40 feet of any entrance to the polling place. However, and
notwithstanding the provisions of clause (i) of subsection A of &#xA7; 24.2-604,
and upon the approval of the local electoral board, campaign and referendum
materials may be distributed outside the polling place and inside the structure
where the election is conducted, provided that the &#8220;Prohibited Area&#8221;
(i) includes the area within the structure that is beyond 40 feet of any
entrance to the polling place and the area within the structure that is within
40 feet of any entrance to the room where the election is conducted and (ii) is
maintained and enforced as provided in &#xA7; 24.2-604. The local electoral
board may approve campaigning activities inside the building where the election
is conducted when an entrance to the building is from an adjoining building, or
if establishing the 40-foot prohibited area outside the polling place would
hinder or delay a qualified voter from entering or leaving the building.

F. Any local government, local electoral board, or the State Board may make
monetary grants to any non-governmental entity furnishing facilities under the
provisions of &#xA7; 24.2-307 or 24.2-308 for use as a polling place. Such
grants shall be made for the sole purpose of meeting the accessibility
requirements of this section. Nothing in this subsection shall be construed to
obligate any local government, local electoral board, or the State Board to
appropriate funds to any non-governmental entity.

G. The general registrar or the governing body of the locality may request from
the Department of Elections a waiver to establish a polling place that does not
meet the location requirements of subsection A in the event that there is no
suitable building that could be used within the precinct or within one mile of
the precinct boundary. The Department shall grant such a waiver and may impose
any conditions on the waiver that it deems necessary or appropriate to ensure
accessibility and security of the polling place and compliance with any other
requirements of state or federal law.

HISTORY: Code 1950, §§ 24-45, 24-46, 24-171, 24-179 through 24-181; 1954, c.
375; 1956, c. 378; 1962, cc. 185, 536; 1970, c. 462, §§ 24.1-36, 24.1-37,
24.1-92, 24.1-97; 1971, Ex. Sess., c. 119; 1976, c. 616; 1977, c. 30; 1978, c.
778; 1980, c. 639; 1981, c. 425; 1984, c. 217; 1985, c. 197; 1986, c. 558; 1992,
c. 445; 1993, cc. 546, 641; 1994, c. 307; 2003, c. 1015; 2004, c. 25; 2005, c.
340; 2008, cc. 113, 394; 2010, cc. 639, 707; 2012, cc. 488, 759; 2016, cc. 18,
492; 2022, c. 5; 2025, c. 584.