Jason S. Miyares
Attorney General of Virginia

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2024 Official Opinions

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

December

Opinion #	Requestor	Summary
24-024	Mark D. Obenshain, Member, Senate of Virginia	Properly tailored voter protection laws generally do not violate the First Amendment, but the questions of whether specific expressive activity violates voter protection laws and whether the enforcement of such laws in a particular circumstance runs afoul of the First Amendment both require fact-specific determinations and analysis beyond the scope of an Opinion.

November

Opinion #	Requestor	Summary
24-023	Mr. Michael C. Carter, Chair, Electoral Board of Hanover County	Virginia voters do not have a right under Article II, § 3 of the Constitution of Virginia to have their votes counted by hand rather than machine.

September

Opinion #	Requestor	Summary
24-031	The Honorable Michael W. Miller, Sheriff, Bedford County	Upon receipt of a detainer issued by U.S. Immigration and Customs Enforcement (ICE), a sheriff may notify immigration officers of an inmate’s scheduled release date in order for ICE to attain custody of the inmate prior to or upon release.

24-018	The Honorable Elizabeth Bennett-Parker, Member, House of Delegates	The City of Alexandria is permitted to amend its noise control ordinance either (1) to ban the use of all leaf blowers in the City, or (2) to continue to allow the use of electric leaf blowers but prohibit gas-powered leaf blowers.

August

Opinion #	Requestor	Summary
23-009	The Honorable Robert S. Wertz, Jr., Loudoun County Commissioner of the Revenue	Inquiries regarding the local taxation of property associated with solar energy.

23-062	The Honorable Nicholas J. Freitas, Member, House of Delegates	The Board of Trustees of the Virginia Retirement System is subject to fiduciary duties that preclude it from basing investment decisions on environmental, social, and/or corporate governance policies (ESG policies) rather than financial considerations.

July

Opinion #	Requestor	Summary
24-014	The Honorable Carrie E. Coyner, Member, House of Delegates	The City of Hopewell is not authorized to adopt certain ordinance provisions relating to city employment and public office holding.

June

Opinion #	Requestor	Summary
24-017	The Honorable Glenn Youngkin, Governor of Virginia & The Honorable Ryan McDougle, Member, Senate of Virginia	The State Air Pollution Control Board is not required to adopt the LEV and ZEV standards contained in California’s Advanced Clean Cars Program II for model years 2026 and beyond.

24-002	The Honorable James E. Brown III, Sheriff, City of Charlottesville	The governing body of a locality does not have the authority to determine the provider of courthouse security in the locality.

May

Opinion #	Requestor	Summary
24-011	Catherine H. Lindley, Esq., Chesapeake City Attorney	Pursuant to § 3.02(c) of the Chesapeake city charter, a member of city council who desires to seek election as mayor at this year’s November general election must resign from the council by June 30.

March

Opinion #	Requestor	Summary
22-053	The Honorable Bryce E. Reeves, Member, Senate of Virginia	A response to inquiries regarding the scope of descendants’ rights to access to and to conduct activities at a family cemetery located on others’ private property.

23-041	The Honorable Ryan T. McDougle, Member, Senate of Virginia	The Virginia Campaign Finance Disclosure Act of 2006 does not prohibit a nonprofit organization from providing free or reduced-cost cybersecurity goods or services to Virginia campaigns. Provided such goods or services are furnished without the purpose of expressly advocating the election or defeat of a clearly identified candidate, they are not reportable contributions or expenditures under the Act.

24-006	The Honorable Dezarah Jessee Hall, Clerk, Wise County & City of Norton Circuit Court	Code § 18.2-308.02(B), as amended in 2020, does not require an individual who applies for renewal of an existing concealed handgun permit to provide proof of having attended in-person firearms training. An individual with an existing concealed handgun permit need not provide additional proof of competence in order to qualify for renewal.

February

Opinion #	Requestor	Summary
24-003	The Honorable C. Todd Gilbert, Minority Leader, House of Delegates	Under Code § 24.2-509(A), a political party may not select a nomination method, including a convention, that de facto requires covered voters to be physically present to participate or that otherwise has the practical effect of excluding their participation.

January

Opinion #	Requestor	Summary
23-016	The Honorable Joseph D. Morrissey, Member, Senate of Virginia	School boards have the exclusive authority to compromise claims against a school division and such authority includes the power to make confidentiality arrangements. A school division may withhold a settlement agreement that includes confidentiality or nondisclosure provisions to the extent the agreement was created for litigation purposes, but payment information contained in accounting records generally is subject to disclosure.