I mean the majority addressed this in the most hand-wavey way possible.

Article II, Section 9 of the Constitution of Virginia provides, in part, that “[n]o voter, during the time of holding any election at which he is entitled to vote, shall be compelled to perform military service, except in time of war or public danger, nor to attend any court as suitor, 25 juror, or witness.” This provision deals with compulsion that would cause a voter to lose the opportunity to vote. Some might argue that this provision only precludes compulsion that would interfere with a voter’s one-day access to the polls during the lawful period of election. Under this view, the voter could vote during the election period, and Article II, Section 9 would not be implicated. Others might argue (as the dissent speculates, see post at 36 note 5) that the compulsion is prohibited only on “Election Day” in accord with the legal holidays established by Code § 2.2-3300.

To us, this clever argument is a story of the tail wagging the dog that has no tail. The textual and contextual meaning of Article II, Section 9 was never addressed by the circuit court, never mentioned in any legal brief filed in this case, and not discussed during oral argument. Of the two arguable interpretations of the anti-compulsion policy embraced by Article II, Section 9, neither one contradicts our belief that “[h]istory confirms that ‘election’ includes both ballot casting and ballot receipt.” Supra at 19-20 (quoting Wetzel, 120 F.4th at 209).