Code of Virginia

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Code of Virginia
Title 24.2. Elections
Chapter 10. Election Offenses Generally; Penalties
9/26/2021

§ 24.2-1005.1. Communication of false information to registered voter. (2021 updated section)

A. It shall be unlawful for any person to communicate to a registered voter, by any means, false information, knowing the same to be false, intended to impede the voter in the exercise of his right to vote. The provisions of this section shall apply to information only about the date, time, and place of the election, or the voter's precinct, polling place, or voter registration status, or the location of a voter satellite office or the office of the general registrar.

B. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor.

Such violation may be prosecuted either in the jurisdiction from which the communication was made or in the jurisdiction in which the communication was received.

C. In addition to the criminal penalty provided in subsection B, a violation of the provisions of this section shall also create a cause of action. A registered voter to whom such false information is communicated 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 the person communicating such false information. The action shall be instituted in the circuit court of either the jurisdiction from which the communication was made or the jurisdiction in which the communication was received. 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.

2007, c. 313; 2021, Sp. Sess. I, cc. 528, 533.