On Monday, Governor Ralph Northam ceremonially signed the Voting Rights Act of Virginia in Newport News. The groundbreaking law makes Virginia the first state in the South to adopt a Voting Rights Act and begin to undo the damage of years of targeted voter suppression and denial of constitutional rights.

The law, which was passed earlier this year by the Virginia House of Delegates and State Senate, was proposed by Senator Jennifer McClellan (D-9) and Delegate Marcia “Cia” Price (D-95). Price carried the Voting Rights Act of Virginia in the House (HB1890), and McClellan carried the Senate version (SB 1395).

Though people gathered at Martin Luther King Jr. Plaza in Newport News to see McClellan and Price alongside Northam as he signed the legislation, the event was ceremonial because the law already took full effect on September 1. This was a way to celebrate how far the Commonwealth has come since leading the charge of massive resistance under the leadership of Governor Mills Godwin.

“While other states pass new legislation to restrict voting rights, Virginia is now a national leader in protecting the right to vote with one of the strongest laws in the country,” McClellan stated in a press release. “In his final essay, Congressman John Lewis reminded us that democracy is not a state, but an act that requires each generation to do its part. Generations of my family faced voter suppression tactics, from literacy tests for my great grandfather, to poll taxes for my grandfather and father. I’m very proud to have worked with Del. Price and voting rights advocates across the Commonwealth to pass this historic legislation and protect Virginians’ voting rights for generations to come.”

The Voting Rights Act of Virginia is modeled after the federal Voting Rights Act of 1965. As the piece of federal legislation has come under attack in recent years, Virginians have decided to take the initiative to protect voters at the state level. 

The Voting Rights Act of Virginia protects voters in the Commonwealth from suppression, discrimination, and intimidation. It requires changes to local voting laws and regulations to be advertised in advance for public comment and evaluated for their impact on Black and Indigenous communities, as well as other communities of color. 

The bill also allows the Attorney General or affected individuals to initiate civil action in court if the protections are violated. It will help fill the hole left by the Shelby County v. Holder decision in 2013 that gutted Section 5 of the federal Voting Rights Act. Section 5 required certain states and some specific local governments to obtain federal approval before implementing any changes to their voting laws or practices. The Commonwealth of Virginia was one of the states that was required to request approval under the section. Those provisions went into effect on July 1, 2021. The bill’s section about prescribing voting and election materials in languages other than English went into effect on September 1, 2021.

“This historic bill protects fundamental freedoms that are now under attack all across the nation,” said Delegate Price. “In many ways the transatlantic slave trade began in Hampton Roads, and this community has been the center of so many important civil rights battles. It was fitting, then, that we came together today in Newport News for the Governor’s bill signing. Because the federal government refused to act, Virginia stepped up, and I’m honored to have worked so closely with Sen. McClellan, New Virginia Majority and others to safeguard access to the ballot, especially for Black and Brown communities. But even as we celebrate today, we must remain committed to fighting voter suppression in all its forms.”

In order to craft the legislation, McClellan and Price worked closely with the following organizations: Virginia New Majority, NAACP Legal Defense and Education Fund, Voting Rights Project of the Lawyers’ Committee for Civil Rights Under Law, and The Advancement Project.

“The attack on voting rights across America is a reminder that we are not immune to voter suppression efforts, but with the Voting Rights Act of Virginia we have put significant protections in place to make sure that all Virginians can participate in free and fair elections,” said Tram Nguyen, Co-Executive Director of New Virginia Majority. “When voters start to cast their ballots on September 17th, they can do so knowing that they are protected from discrimination and intimidation.”

Advocates hope that the law will prevent voting rights from coming under further attack in Virginia and ensure that the Democratic election process remains intact.