§ 15.7-104
Statutes in effect as of October 1, 2026.
(a)
To determine whether there is polarized voting under § 15.7–103(b)(1) of this title, the court shall consider:
(1)
the methodologies for estimating group voting behavior, as approved in federal case law, to enforce the federal Voting Rights Act of 1965;
(2)
elections of the governing body of the county or municipal corporation;
(3)
ballot question elections;
(4)
elections in which at least one candidate is a member of a protected class; and
(5)
other electoral choices that affect the rights and privileges of members of a protected class.
(b)
(1)
Elections that are conducted before the filing of an action to enforce § 15.7–103(a) of this title are more probative to establish the existence of polarized voting than elections conducted after the filing of an action.
(2)
The following may not preclude a finding of polarized voting that results in an unequal opportunity for a protected class to elect candidates of the members’ choice:
(i)
the election of candidates who are members of a protected class and who were elected before the filing of an action to enforce § 15.7–103(a) of this title;
(ii)
nonquantitative or nonstatistical evidence; or
(iii)
low voter turnout or voter registration rates among members of the protected class.
(3)
To establish the existence of polarized voting, the court may not be required to:
(i)
use a set number or combination of elections; or
(ii)
consider the causes of or reasons for polarized voting, including partisan explanations or discriminatory intent.
(c)
The fact that members of a protected class are not geographically compact or concentrated may not preclude a finding of polarized voting or a violation of § 15.7–103(a) of this title, but it may be a factor that is considered in determining an appropriate remedy.