24.2-310 - Requirements for polling places.
§ 24.2-310. Requirements for polling places.
A. The polling place for each precinct shall be located within the county orcity and either within the precinct or within one mile of the precinctboundary. The polling place for a county precinct may be located within acity if the city is wholly contained within the county election districtserved by the precinct. The polling place for a town precinct may be locatedwithin one mile of the precinct and town boundary. For town elections held inNovember, the town shall use the polling places established by the county forits elections.
B. The governing body of each county, city, and town shall provide funds toenable the electoral board to provide adequate facilities at each pollingplace for the conduct of elections. Each polling place shall be located in apublic building whenever practicable. If more than one polling place islocated in the same building, each polling place shall be located in aseparate room or separate and defined space.
C. Polling places shall be accessible to qualified voters as required by theprovisions of the Virginians with Disabilities Act (§ 51.5-1 et seq.), theVoting Accessibility for the Elderly and Handicapped Act (42 U.S.C. § 1973eeet seq.), and the Americans with Disabilities Act relating to public services(42 U.S.C. § 12131 et seq.). The State Board shall provide instructions tothe local electoral boards and general registrars to assist the localities incomplying with the requirements of the Acts.
D. If an emergency makes a polling place unusable or inaccessible, theelectoral board shall provide an alternative polling place and give notice ofthe change in polling place, including to all candidates, or such candidate'scampaign, appearing on the ballot to be voted at the alternative pollingplace, subject to the prior approval of the State Board. The electoral boardshall provide notice to the voters appropriate to the circumstances of theemergency. For the purposes of this subsection, an "emergency" means a rareand unforeseen combination of circumstances, or the resulting state, thatcalls for immediate action.
E. It shall be permissible to distribute campaign materials on the electionday on the property on which a polling place is located and outside of thebuilding containing the room where the election is conducted except (i) asspecifically prohibited by law including, without limitation, theprohibitions of § 24.2-604 and the establishment of the "Prohibited Area"within 40 feet of any entrance to the polling place or (ii) upon the approvalof the local electoral board, inside the structure where the election isconducted, provided that a reasonable person would not observe anycampaigning activities while inside the polling place. The local electoralboard may approve campaigning activities inside the building where theelection is conducted pursuant to clause (ii) when an entrance to thebuilding is from an adjoining building, or if establishing the 40-footprohibited area outside the polling place would hinder or delay a qualifiedvoter from entering or leaving the building.
F. Any local government, local electoral board, or the State Board may makemonetary grants to any non-governmental entity furnishing facilities underthe provisions of § 24.2-307 or 24.2-308 for use as a polling place. Suchgrants shall be made for the sole purpose of meeting the accessibilityrequirements of this section. Nothing in this subsection shall be construedto obligate any local government, local electoral board, or the State Boardto appropriate funds to any non-governmental entity.
(Code 1950, §§ 24-45, 24-46, 24-171, 24-179 through 24-181; 1954, c. 375;1956, c. 378; 1962, cc. 185, 536; 1970, c. 462, §§ 24.1-36, 24.1-37, 24.1-92,24.1-97; 1971, Ex. Sess., c. 119; 1976, c. 616; 1977, c. 30; 1978, c. 778;1980, c. 639; 1981, c. 425; 1984, c. 217; 1985, c. 197; 1986, c. 558; 1992,c. 445; 1993, cc. 546, 641; 1994, c. 307; 2003, c. 1015; 2004, c. 25; 2005,c. 340; 2008, cc. 113, 394; 2010, cc. 639, 707.)