Code of Virginia

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Code of Virginia
Title 24.2. Elections
Chapter 10. Election Offenses Generally; Penalties

§ 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.

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.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.