1. A. In determining whether, under the totality of the circumstances, a violation of § 24.2-126 or 24.2-126.1 has occurred with respect to a protected class, a court may consider one or more of the following factors: (i) the history of discrimination affecting members of the protected class; (ii) the extent to which members of the protected class are disadvantaged or otherwise bear the effects of past public or private discrimination in education, employment, housing, criminal justice, or other areas that hinder the ability of members of the protected class to participate effectively in the political process; (iii) the extent to which members of the protected class have been elected to office; (iv) the extent to which candidates who are members of the protected class have faced barriers to accessing the ballot, receiving financial support, or receiving any other support for campaigns for elective office; (v) the extent to which members of the protected class vote at lower rates than other eligible voters; (vi) the use of overt or subtle racial appeals in political campaigns or by government officials; (vii) the lack of responsiveness by elected officials to the particularized needs of members of the protected class; (viii) the use of any voting qualification, law, ordinance, rule, standard, practice, or procedure that may enhance the dilutive effects of the challenged action; (ix) whether the challenged qualification, law, ordinance, rule, standard, practice, or procedure was designed to advance, and does materially advance, a compelling governmental interest that is substantiated and supported by evidence; and (x) any other factors the court may deem relevant. No one factor is dispositive or necessary to establish that a violation of § 24.2-126 or 24.2-126.1 has occurred, nor shall any specified number or combination of factors be required to establish such a violation.
2. B. In determining whether a violation of § 24.2-126 or 24.2-126.1 has occurred with respect to a protected class, a court shall not consider (i) the number of members of the protected class who are not burdened by the challenged qualification, law, ordinance, rule, standard, practice, or procedure; (ii) the degree to which the challenged qualification, law, ordinance, rule, standard, practice, or procedure was in widespread use at an earlier date or is currently in use in other states and jurisdictions; (iii) the availability of other forms of voting that are not impacted by the challenged qualification, law, ordinance, rule, standard, practice, or procedure to all eligible voters, including members of the protected class; and (iv) mere invocation of governmental interests in voter confidence or prevention of fraud.
3. C. Evidence concerning the intent of voters, elected officials, or the political subdivision to discriminate against members of a protected class is not required for a finding that a violation of § 24.2-126 or 24.2-126.1 has occurred.

2026, c. 717.