Virginia Code 24.2-1005: Intimidation of voters; civil cause of action
A. Any person who intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any other person in giving his vote or ballot or who intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce a voter to deter or prevent him from voting is guilty of a Class 1 misdemeanor.
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 12 months | up to $2,500 |
Terms Used In Virginia Code 24.2-1005
- Election: means a general, primary, or special election. See Virginia Code 24.2-101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Plaintiff: The person who files the complaint in a civil lawsuit.
- political party: means an organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. See Virginia Code 24.2-101
B. In addition to the criminal penalty provided in subsection A, such actions shall also create a cause of action. A voter who is intimidated, threatened, or coerced by another person in violation of subsection A shall be entitled to institute an action for preventative relief, including an application for a permanent or temporary injunction, restraining order, or other order, against such person. The action shall be instituted in the circuit court of the locality where the violation occurred. In any 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.
C. This section applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.
1970, c. 462, § 24.1-271; 1993, c. 641; 2021, Sp. Sess. I, cc. 528, 533.