Virginia Gov. Abigail Spanberger (D) signed an executive order on May 20 requiring the state Department of Elections to issue guidance for election workers on engaging with federal immigration officers at polling places, among other directives.
There is no timeline for when the agency must issue the guidelines, but the order requires the department to consult with relevant stakeholders before doing so.
The order requires the state Department of Elections to develop guidance on engaging with “persons with the lawful authority to perform civil arrests who conduct or attempt to conduct a federal civil immigration arrest at a polling place when the polls are open and ballots are being counted, or within one hour of polls opening or after closing.”
“Public trust in state and local law enforcement is being undermined by the aggressive tactics used by federal immigration officials,” Spanberger said in a statement. “Today, Virginia is taking important steps to help deepen trust in our law enforcement and provide clear guidance to Virginians who are most likely to interact with federal immigration officials.”
Spanberger also vetoed two bills on May 20 pertaining to law enforcement presence at election sites. Those bills, HB 650 and SB 351, prohibited immigration enforcement within 40 feet of a polling place, recount location, or electoral board meeting place, and also restricted immigration enforcement at other non-election sites.
In her veto message, Spanberger said the bills "would effectively require security guards and, in some cases, local law enforcement be placed in the untenable position of choosing between violating state law or federal law, rendering this proposal unworkable."
SB 351 sponsor Sen. Saddam Salim (D) said, “We strongly disagree with Governor Spanberger’s veto of SB351. This is a disappointing choice that undermines public safety and accountability in Virginia. This bill is a common-sense measure that would have protected Virginians and strengthened trust in our institutions.”
Across the U.S., six bills related to law enforcement presence at polling places have been enacted so far this year — four of those in Virginia. Those bills are:
- HB 1441 and SB 783 , which prohibit federal agents from conducting any immigration enforcement activity within 500 yards of any polling place during the times the polls are open and ballots are being counted, or within one hour before the polls open and one hour after they close. Spanberger signed both bills on April 22. HB 1441 and SB 783 are the only bills enacted this year in any state that specifically restrict immigration activities near polling places.
- HB 286 and SB 337 , which prohibit the governor from calling the National Guard to intimidate or threaten any person from voting in a certain way, or to deter them from voting. Spanberger signed both bills on April 22.
Two other states have also enacted bills related to law enforcement presence at election sites.
Legislation enacted in New Mexico prohibits troops or armed agents from being within 50 feet of a polling site or ballot drop box, while Oregon HB 4138 prohibits law enforcement from wearing face coverings within 250 feet of a ballot deposit site or voting location. Both bills were signed in March.
Nationally, 12 states have introduced 26 bills or resolutions related to law enforcement presence at polling places so far this year. Six of those states introduced legislation specifically restricting immigration enforcement near election sites.
