Title 24.2. Elections
Chapter 1.1. Rights of Voters
§ 24.2-126.1. Vote dilution prohibited.
A. The governing body of any locality shall not impose or apply any method of election in a manner that has the effect of impairing the equal opportunity or ability of members of a protected class to nominate or elect candidates of their choice or to influence the outcome of an election as a result of diluting or abridging the vote of members of that protected class.
B. A violation of subsection A is established when it is shown that either (i) local elections exhibit racially polarized voting that disparately impairs the equal opportunity or ability of members of a protected class to nominate or elect candidates of their choice or to influence the outcome of an election or (ii) based on the totality of the circumstances, the equal opportunity or ability of members of a protected class to nominate or elect candidates of their choice or to influence the outcome of an election is impaired.
C. The fact that members of a protected class are not geographically compact or concentrated shall not preclude a finding of racially polarized voting or a violation of subsection A but may be a factor in determining whether an appropriate remedy exists to mitigate the impairment.
D. Where there is evidence that the members of more than one protected class are politically cohesive in the locality, members of each of those protected classes may be combined and the court shall consider only the combined electoral preferences of those protected classes in determining whether racially polarized voting exists in the locality or if a violation of subsection A has occurred. Evidence that sub-groups within a protected class have different voting patterns shall not be considered.
E. Evidence concerning the cause of, or reason for, the occurrence of racially polarized voting is not relevant to the determination of whether it exists, and evidence that voting patterns and election outcomes could be explained by factors other than racially polarized voting shall not be considered.
F. Evidence concerning projected changes in population or demographics shall not be considered in the determination if a violation of subsection A has occurred but may be a factor in determining whether an appropriate remedy exists to mitigate the impairment.
2026, c. 717.