Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Virginia, with full citations and the original source on every page.
If ICE issues a detainer on someone in a Virginia sheriff's jail, can the sheriff tell ICE when the inmate will be released so ICE can come pick them up?
Yes. Virginia Code § 53.1-220.2 expressly allows a sheriff who receives an ICE detainer to transfer custody of the inmate to ICE within five days before scheduled release. The AG concludes that author…
Can a Virginia deputy sheriff also sit on the county board of supervisors at the same time?
Yes. Virginia's dual office-holding rules in Article VII, § 6 of the state constitution and Va. Code § 15.2-1534(A) only forbid simultaneous service in offices that are expressly listed in Article VII…
If a Virginia primary candidate withdraws after their name appears on the primary ballot and absentee voting has begun, are they barred by the 'sore loser' law from running as an independent in the general election?
No. Section 24.2-520 keeps the names of candidates who are 'defeated in the primary' off the general election ballot. The AG concludes that 'defeated' means losing on the basis of votes cast while sti…
Can a friend, family member, or volunteer return another voter's sealed mailed absentee ballot to the post office or a drop-off location in Virginia?
Yes. After a 2021 amendment, § 24.2-707 dropped the old requirement that the voter mail or deliver the ballot personally and rewrote the return rule in the passive voice. The current statute lets a th…
How thoroughly do Virginia local tax assessors have to look at an affordable housing property's actual operating expenses, and do they have to follow generally accepted appraisal practices?
Assessors must do more than skim the income-and-expense statement. Section 58.1-3295 says they 'shall consider' contract rent, transfer restrictions, and 'actual operating expenses and expenditures an…
When a Virginia state university board of visitors makes decisions about its school, does it owe its primary loyalty to the institution it governs or to the Commonwealth as a whole?
To the Commonwealth. Virginia's public universities are state agencies operating as public corporations. Their boards of visitors are public officers, expressly placed under the General Assembly's con…
When a Virginia electoral board appoints poll workers, must it actually try to balance the two major parties even in a small county, and does it have to use names submitted by the parties?
Yes, with practical caveats. Article II, § 8 of the Virginia Constitution and § 24.2-115 of the Code require the electoral board (not the general registrar) to make appointments that, 'as far as pract…
Does a 501(c)(3), (c)(4), or (c)(6) organization that runs ads telling Virginia voters to 'say no to' a named candidate have to file independent-expenditure reports?
Yes, if the spending crosses the threshold ($1,000 statewide, $200 other elections). Virginia's Campaign Finance Disclosure Act of 2006 generally exempts 501(c)(3), (c)(4), and (c)(6) organizations fr…
If I bundle several charges on one Virginia expungement petition and the court only grants expungement on some of them, do I get my filing fee back?
Yes. The Virginia AG read § 19.2-392.2(L) literally: as soon as the court grants expungement on any one of the charges in the petition, the clerk must refund the full filing fee. The clerk has no auth…
Can a Virginia voter demand that their ballot be counted by hand instead of by a scanning machine?
No. The Virginia Constitution allows voting either by ballot or by machines, and the AG opinion concludes that no provision gives an individual voter the right to choose which counting method is used.…
Under the 2023 amendment to Virginia's judicial-misconduct disclosure statute, when does the Judicial Inquiry and Review Commission have to publicly name a judge it has investigated, and what counts as 'disciplinary action' that triggers naming?
JIRC must publicly name a judge in its annual report only when both (a) it concluded the judge breached the Canons of Judicial Conduct and (b) it took disciplinary action because of that conclusion. '…
If I create a family subdivision in rural Virginia, do VDOT's highway access standards still apply to my new driveway entrance, or am I exempt because the lot is family-only?
VDOT's Access Management Design Standards still apply. A family subdivision is exempt from much of the local subdivision ordinance, but it is not exempt from state law. If the new entrance qualifies a…
When my Virginia general registrar's four-year term ends, does the electoral board have to reappoint the incumbent, or can it pick someone new?
The board does not have to reappoint the incumbent. State law gives the board discretion to pick someone else when the four-year term ends, but the decision must be on legitimate grounds, not politics…
If a Virginia school division refuses to fix a special-ed problem after the state Department of Education tells them to, what can the state actually do about it?
School divisions are legally required to fully implement any corrective action VDOE orders after a finding that a student was denied a free appropriate public education, and they have to do it within …
Can a Virginia city council or board of supervisors block early in-person voting from starting on the 45-day mark?
No. State law makes the 45-day in-person absentee voting window mandatory for every election, and neither registrars, electoral boards, nor local governing bodies have any discretion to delay it. A bo…
I have an ATV or UTV registered in another state. Can I drive it on Virginia roads when I visit?
No, with narrow exceptions. Out-of-state registration does not authorize highway use in Virginia. ATVs are barred from public highways except for crossing a road, farm use, emergency response, special…
Can the Governor of Virginia create a Chief Diversity, Opportunity & Inclusion Officer position in the cabinet by executive order, when state law also creates a Director of Diversity, Equity, and Inclusion?
Yes. The Governor's general executive authority under Article V, plus statutes giving him control over executive branch policy and personnel, lets him designate additional cabinet officers by executiv…
Can a Virginia general registrar speak about voter registration at a Rotary Club, League of Women Voters, or other private civic group meeting without violating the state's ban on private election funding?
Yes. The 2020 statute that bars election offices from accepting private money or services for election work does not reach an unpaid invitation to speak at a private, non-partisan civic meeting. The r…
Can my Virginia county or city require a special use permit, or just ban outright, the takeoff and landing of my private drone on my own property?
No. Virginia Code § 15.2-926.3 preempts almost all local regulation of private drone use. Localities can only regulate takeoffs and landings on property the locality itself owns. Counties and cities c…
Why did Virginia AG Jay Jones withdraw his January 16, 2026 opinion (26-001) on firearm licensing and assault weapon bans, and what does the withdrawal mean for people who relied on the original opinion?
AG Jay Jones withdrew Opinion 26-001 because he concluded that an underlying historical assertion in that opinion (that no U.S. jurisdictions had historically required firearm purchase licensing) was …
If a Virginia state psychiatric facility says it has no bed for a patient under a temporary detention order, can law enforcement just leave the patient there, or hold them at the hospital past the 72-hour TDO limit?
Law enforcement must keep custody of the patient until the temporary detention facility actually accepts custody, which means staffed admission. Law enforcement cannot transfer the patient to a facili…
If a Virginia judge orders someone involuntarily committed but does not name a specific facility, can the sheriff hold the person at the emergency department past six hours while a bed is found?
No. Section 37.2-829 requires transport to begin within six hours of notification of the commitment order, regardless of whether a specific facility has been named. If the order leaves the facility un…
If the Virginia General Assembly first agreed to a constitutional amendment on October 31, 2025, when does it have to vote on it again to send it to voters?
At the 2026 regular session. Article XII, § 1 of the Virginia Constitution requires a proposed amendment to be referred to the General Assembly's first regular session held after the next general elec…
Can a soda maker pay grocery stores slotting fees to get its alcoholic 'hard' soda on the shelves?
They probably can, depending on the facts. Virginia's AG concluded that paying a retailer slotting fees to influence shelf space for an alcoholic 'hard' soda can violate the federal tied-house rules i…
Does the Fourth Circuit's Grimm decision still require Virginia school districts to let transgender students use bathrooms matching their gender identity, after the Supreme Court's Skrmetti ruling?
In the AG's view, no. Attorney General Miyares concluded that Grimm v. Gloucester County School Board is limited to its specific facts, and the Supreme Court's 2025 decision in United States v. Skrmet…
Would a Virginia law requiring a license to buy a firearm, or a ban on AR-15s and standard-capacity magazines, violate the Second Amendment?
Yes, in the AG's view. Attorney General Miyares concluded that a permit-to-purchase regime and a ban on commonly-owned firearms, components, and magazines would both violate the Second Amendment and A…
Can the Virginia Cannabis Control Authority require medical cannabis certifications to be electronic only, or do qualified practitioners still have to be allowed to issue paper certifications?
Paper certifications must still be allowed. Attorney General Miyares concluded that the Cannabis Control Authority cannot adopt a digital-only policy because Virginia's general definition of 'written'…
Can my Virginia county block me from running a farm stay (short-term rental on my working farm) through the local zoning ordinance, or am I protected as an agritourism activity?
If your land is in an agricultural district, your operation meets the statutory definitions of farm and agricultural operation, and your guests are getting access to rural activities (not just a place…
I have a felony conviction from another state but a Virginia circuit court restored my firearm rights. Why won't the Virginia State Police let me buy a gun?
Because federal law (18 U.S.C. § 922(g)(1)) still prohibits you from possessing a firearm. A Virginia circuit court restoration order does not erase a federal disability that arises from an out-of-sta…
Can a Virginia local electoral board buy and install third-party software (like 'Ballot Verifier') that scans ballots and posts ballot images and cast vote records online for the public to inspect?
No. Attorney General Jay Jones concluded that local electoral boards have no statutory authority to add software to their voting systems without State Board of Elections approval, and the comprehensiv…
If a student at a Virginia college reports a sexual assault and admits she had been drinking or using drugs, can the school still require her to take a mandatory alcohol or drug class?
No. AG Miyares concluded that mandatory drug or alcohol counseling or courses count as 'disciplinary action' for purposes of § 23.1-808's immunity provision. A college or university is barred from req…
Can a Virginia county that doesn't use a county-executive or county-manager form of government make homeowners retrofit existing outdoor lights to protect the night sky?
No for retrofits, yes for new development. Under Dillon's Rule, the only counties with express statutory authority to regulate residential exterior lighting are those operating under the county-execut…
If a property owner owes delinquent taxes that are a lien on the land, can a Virginia county treasurer override the locality's refusal to consider a rezoning or land-use application from that owner?
Yes. Attorney General Jay Jones concluded that the 2017 amendment to Va. Code § 15.2-2286(B) gives county and city treasurers binding authority to waive the unpaid-tax bar, and that authority applies …
Did Virginia's 1972-1973 overhaul of the district court system automatically repeal the parts of the Virginia Beach city charter that set up its own municipal courts and clerks?
Yes, mostly. Attorney General Jay Jones concluded that the comprehensive district court system created by Va. Code § 16.1-69.1 et seq. repealed any inconsistent municipal charter provisions, including…
Can Virginia state troopers enforce state criminal law on tribal land within the Commonwealth, including the Pamunkey, Mattaponi, and the six federally recognized tribes that gained recognition in 2018?
It depends on whether the specific tribal land is 'Indian country' under federal law. The Pamunkey and Mattaponi reservations are not Indian country under current AG analysis, so the Commonwealth reta…
When a person is appointed to fill a vacancy on a Virginia city council, board of supervisors, or school board, do they keep the seat through the rest of the original term, or only until the next election cycle, or only until the next person can be appointed?
An interim appointee under § 24.2-228 keeps the seat only until the next event that brings new appointing power into existence. If the original term ends and a new term begins, the interim appointee c…
I am running as an independent candidate in Virginia. Do petition signatures my volunteers collected on January 1 of the election year count toward my ballot-access total?
No. The Virginia AG read § 24.2-506(A)'s requirement that petitions be signed 'after January 1' literally. January 1 is not 'after January 1.' Only signatures collected on January 2 or later count. Th…
If I store my boat or travel trailer at a Virginia town facility but use it mostly somewhere else, which locality gets to charge me personal property tax on it?
It depends on where the vehicle is normally garaged, docked, or parked, not where it is registered. The AG read Virginia law to mean that a Virginia town can tax a boat or trailer only if the vehicle …
If my Virginia health insurance covers other cancer radiation treatments but denies coverage for proton radiation therapy by saying it needs more clinical evidence, is that legal?
No. Virginia Code § 38.2-3407.14:1 forbids a carrier that covers any cancer therapy from holding proton radiation therapy to a higher standard of clinical evidence than it applies to other forms of ca…
If I'm a poll volunteer or campaigner in Virginia, where exactly can I stand and what can I say to voters at a polling place, including voters in cars or buses?
Outside the 40-foot prohibited area, you can offer sample ballots, materials, and information; the AG opinion says properly tailored voter protection laws like Virginia's do not violate the First Amen…
Are 'pick'em' or 'over/under player prop' games where you bet against the operator (not against other players) on individual athletes' performance a fantasy contest or sports betting under Virginia law?
Sports betting. The Virginia AG concluded that the defining feature of a fantasy contest under Virginia law is that multiple players compete against each other. When the only opponent is 'the house' (…
Do the 2023 Virginia Department of Education model policies on athletics, parental information, pronoun usage, and bathroom and locker room access for transgender students violate the Equal Protection Clause, Title IX, or the Virginia Human Rights Act, and must local school boards adopt them?
Per the Attorney General, no and yes. The opinion concludes that Model Policies H (sex-based athletics), D (parental information and default pronoun rule), and G (sex-based facilities) do not violate …
Can a Virginia smoke shop or 'members-only' club legally give away free marijuana with each merchandise purchase, since recreational sales are not yet legal?
No. The AG concluded that 'gifting' marijuana to customers tied to (or in proportion to) a separate purchase is illegal distribution under § 18.2-248.1. The Cannabis Control Act's 'adult sharing' exce…
Can Virginia keep purging registered voters off the rolls inside the 90 days before a federal election when the flag came from a DMV data match?
No. Both of Virginia's DMV-driven noncitizen list-maintenance programs (the documentation-of-legal-presence removals under § 46.2-328.1(E) and the self-attestation removals under § 24.2-410.1) count a…
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Attorney general opinions in Virginia are written by the Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.