Overview

The Attorney General has no direct role in the standard post-election counting or certification process. However, they have considerable investigatory and enforcement powers. Va. Code Ann. § 24.2-104(A),(B); Va. Code Ann. § 24.2-104.1; Va. Code Ann. § 24.2-104(C). They also may, though infrequently do, issue advisory opinions on Virginia election law when requested by eligible individuals which include the Governor, members of the General Assembly, State Election Board, judges, attorneys of the Commonwealth, sheriffs, or the Chair or Secretary of an Electoral Board. Va. Code Ann. § 2.2-505(A). These opinions act as legal advice for the requester, and courts are supposed to give deference to these opinions, but they are not binding.

Additionally, the Attorney General is responsible for the legal defense of any electoral board or its members, any general registrar, or certain election staff in any civil action arising out the performance of their official duties. Va. Code Ann. § 24.2-121. However, in this case the Attorney General and their office may not be involved directly, as the Virginia Division of Risk Management may assign other counsel. Va. Code Ann. § 24.2-121.

Election and Vacancy Information

• Elected: The Attorney General is elected to office every four years. Va. Code § 24.2-210; Va. Const. Art. V, § 15. Their election takes place at the same time as the gubernatorial election which will next be held in in November 2025. Va. Code § 24.2-210.
• Tiebreaking: In the event of a tie, the General Assembly makes the selection by a majority vote. Va. Code § 24.2-210.
• Term of Office: The Attorney General is elected for one four-year term. Va. Const. Art. V, § 15.
• Qualifications: **They must be at least 30 years of age, a citizen of the United States, a resident of Virginia, and have been admitted to the Virginia bar for at least five years. See Va. Const. Art. V, § 15. Siegner.
• Vacancy: If a vacancy occurs while the General Assembly is in session, the General Assembly will fill the vacancy by a majority vote of the total membership. Va. Code Ann. § 24.2-213. If the vacancy occurs during a recess, the Governor appoints a successor to serve for the remainder of the unexpired term or until 30 days after the next General Assembly session begins, whichever one is sooner. Va. Code Ann. § 24.2-213. Then, the General Assembly fills the vacancy in its next session, by the same method. Va. Code Ann. § 24.2-213.