Herring announces steps to protect voters at the polls on Tuesday

Attorney General Mark R. Herring has sent a letter to key law enforcement officials and elections officials asking for their commitment to ensuring a safe, fair, free, and accurate election.

The letter from Herring, who is running for a third term as attorney general, also provides updated information regarding laws, resources, and tools at their disposal “to ensure that Virginians have a safe and comfortable voting experience when they go to the polls on Election Day or before.”

In the letter, Herring explains to the law enforcement and elections officials, “[a]s you play a critical role in protecting the elections process in the Commonwealth, I thought it important to ensure that you know the protections that are in place and the options available to you should we see any behavior…that could constitute voter intimidation or harassment.”

“It’s so important for elections officials and law enforcement officers to have an understanding of the most updated protections in place to keep Virginia voters safe. Every single Virginian should feel comfortable while they are voting, whether they choose to vote in person early or on Election Day,” Herring said. “Last year, my team and I worked hard to ensure that Virginia’s election was fair, free, and safe, and we have done the same this year. Voter harassment and intimidation go against the very founding principles of democracy and will never be tolerated in the Commonwealth.”

In the letter, Herring highlights the “most recent significant change in our voter protections laws [that] involves an expansion of the prohibition on firearms at polling places.” The new law “makes it unlawful ‘to knowingly possess any firearm . . . within 40 feet of any building, or part thereof, used as a polling place’ while ‘the polls are open and ballots are being counted, or within one hour of opening or after closing.’”

Last month, Herring issued an advisory opinion about this new law that concluded that early voting locations are considered “polling places,” which means that firearms are prohibited at these locations under Virginia Code § 24.2-604(A)(iv) while they are being used as polling places.

Herring also discusses an opinion that he issued in September 2020 that outlined protections in both state and federal law against voter intimidation and harassment in Virginia.

Herring notes that the Virginia Department of Elections has many resources for both elections workers and voters who believe they may have witnessed or experienced voter intimidation or encountered other problems at the polling place.