1. (a) To determine whether there is polarized voting under § 15.7-103(b)(1) of this title, the court shall consider:

   1. (1) the methodologies for estimating group voting behavior, as approved in federal case law, to enforce the federal Voting Rights Act of 1965;
   2. (2) elections of the governing body of the county or municipal corporation;
   3. (3) ballot question elections;
   4. (4) elections in which at least one candidate is a member of a protected class; and
   5. (5) other electoral choices that affect the rights and privileges of members of a protected class.

2. (b)

   1. (1) Elections that are conducted before the filing of an action to enforce § 15.7-103(a) of this title are more probative to establish the existence of polarized voting than elections conducted after the filing of an action.

   2. (2) The following may not preclude a finding of polarized voting that results in an unequal opportunity for a protected class to elect candidates of the members' choice:

      1. (i) the election of candidates who are members of a protected class and who were elected before the filing of an action to enforce § 15.7-103(a) of this title;
      2. (ii) nonquantitative or nonstatistical evidence; or
      3. (iii) low voter turnout or voter registration rates among members of the protected class.

   3. (3) To establish the existence of polarized voting, the court may not be required to:

      1. (i) use a set number or combination of elections; or
      2. (ii) consider the causes of or reasons for polarized voting, including partisan explanations or discriminatory intent.
3. (c) The fact that members of a protected class are not geographically compact or concentrated may not preclude a finding of polarized voting or a violation of § 15.7-103(a) of this title, but it may be a factor that is considered in determining an appropriate remedy.

Added by Acts 2026, c. 157, § 1, eff. April 28, 2026.