VirginiaHB412026 Regular SessionHouse

Elections; procedures for removal of electoral board members and general registrars.

Sponsored By: Marcus B. Simon (Democratic)

Became Law

Summary

Elections; administration; procedures for removal of electoral board members and general registrars. Allows the State Board of Elections to remove any member of an electoral board or general registrar by a recorded two-thirds majority vote of all its members after a public hearing on related matters. The bill provides that any such removal or any removal proceedings instituted against an electoral board member or general registrar by the State Board shall be based on neglect of a clear ministerial duty of the office, misuse of the office, or incompetence in the performance of the duties of the office, or an unambiguous indication of a future refusal or failure to carry out the duties of the office where such refusal or failure is likely to have a material adverse effect upon the conduct of the office. Such decision shall be final and not subject to appeal. The bill also allows an electoral board to remove a general registrar by a unanimous vote of all its members after a public hearing on related matters. A registrar who is so removed may file an appeal to the State Board. The bill provides that any such removal or any removal proceedings instituted against a general registrar by the electoral board shall be based on the same standards as required for removals by the State Board.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Stronger state oversight and transparency in elections

The State Board of Elections supervises and coordinates local electoral boards and registrars to keep practices uniform and lawful. It can ask a circuit court or the Supreme Court for orders to enforce election laws. The Board must post any new rules online within three business days. If a political party or candidate asks, it must send copies of instructions given to local officials within three days and can charge only the actual cost.

Clear removal and appeals for election officials

The State Board may start removal proceedings for a local electoral board member or general registrar by a recorded majority vote after a public hearing and may remove by a two‑thirds recorded vote. It sets hearing standards, and its decision is final except for review under the Administrative Process Act. Grounds include neglect of clear duties, misuse, incompetence causing a material adverse effect, or a clear sign of likely future nonperformance with a material adverse effect. Local boards may start registrar removal and may remove a registrar by a unanimous recorded vote after a public hearing, and may remove officers of election by recorded majority vote after notice and a public hearing. A unanimously removed registrar may appeal to the State Board within three business days and stays in office until the appeal deadline or the State Board’s final decision; the State Board may reverse by a two‑thirds recorded vote after a hearing.

Neutral staff and stronger department management

The Department of Elections must employ a full‑time Director of Operations, a classified position, to manage daily work and ensure compliance with election laws and policies. Department staff may not serve as party officers or work, paid or unpaid, on any candidate’s campaign for offices voted on by Virginia voters. The Department must supervise staff to enforce these neutrality rules.

Training and certification for election officials

The State Board provides training to electoral board members at least once a year and does not charge fees. Every general registrar must earn certification within 12 months of appointment or reappointment; a local board may grant a one‑time waiver of up to three months. The State Board sets the curriculum and required annual training hours and reviews the program at least every four years. It also sets standard training for officers of election, and the Department offers a matching online course. The Board reviews these officer training materials every two years in the year after a federal general election. If a registrar fails to get or keep certification, the local board must remove the registrar after notice.

Sponsors & Cosponsors

Sponsor

  • Marcus B. Simon

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 318 • No: 120

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 69 • No: 30

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

Senate vote 3/2/2026

Reconsideration of Senate passage agreed to by Senate

Yes: 38 • No: 0

Senate vote 3/2/2026

Passed Senate

Yes: 20 • No: 20

Senate vote 3/2/2026

Passed Senate

Yes: 20 • No: 19

Senate vote 2/26/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/26/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/24/2026

Reported from Privileges and Elections

Yes: 8 • No: 7

House vote 2/12/2026

Read third time and passed House

Yes: 73 • No: 25

House vote 2/6/2026

Reported from Privileges and Elections

Yes: 21 • No: 1

House vote 2/2/2026

Subcommittee recommends reporting

Yes: 8 • No: 0

Actions Timeline

  1. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (69-Y 30-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1032)

    4/22/2026Governor
  4. Reenrolled bill text (HB41ER2)

    4/22/2026House
  5. Reenrolled

    4/22/2026House
  6. Approved by Governor-Chapter 1032 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by House

    4/13/2026Governor
  11. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  12. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  13. Fiscal Impact Statement from Department of Planning and Budget (HB41)

    3/6/2026House
  14. Bill text as passed House and Senate (HB41ER)

    3/6/2026House
  15. Enrolled

    3/6/2026House
  16. Signed by President

    3/6/2026Senate
  17. Signed by Speaker

    3/6/2026House
  18. Passed Senate (20-Y 19-N 0-A)

    3/2/2026Senate
  19. Reconsideration of Senate passage agreed to by Senate (38-Y 0-N 0-A)

    3/2/2026Senate
  20. Passed Senate (20-Y 20-N 0-A)

    3/2/2026Senate
  21. Passed by for the day

    2/27/2026Senate
  22. Read third time

    2/27/2026Senate
  23. Passed by for the day Block Vote (Voice Vote)

    2/26/2026Senate
  24. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/26/2026Senate
  25. Rules suspended

    2/26/2026Senate

Bill Text

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