Federal and Virginia law also allow military personnel and others who are absent from Virginia on active duty to continue to vote in Virginia in all elections. This amendment gives the General Assembly more flexibility to provide by law how and when overseas employees and their families may continue to vote in Virginia in state and local elections and in situations not covered by federal law. Family includes the spouse and dependents residing with the overseas employee. Since 1970, the Constitution has required that a voter must show two facts to be a resident of Virginia for voting purposes. The voter must be domiciled in Virginia and have a place of abode in Virginia.
Domicile is a matter of intent.
It may be a house, apartment, or room. Some voters who leave Virginia to work overseas consider Virginia to be home and continue to be domiciled in Virginia, but they may sell their house or stop renting an apartment while working overseas. They may not meet the residence requirement of the Constitution. These voters remain residents of Virginia and may continue to be qualified to vote. The proposed amendment gives the General Assembly additional authority to spell out by statute when Virginians employed overseas may continue to vote in Virginia.