VirginiaHB412026 Regular SessionHouse

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

Sponsored By: Marcus B. Simon (Democratic)

Signed by Governor

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

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Local boards lose election officer removal

The law removes one local electoral board power to dismiss officers of election. Boards can no longer use this subsection to remove officers, on notice, for failing to perform their duties according to law. This does not create a new duty for voters or households.

New removal rules for Virginia election officials

Virginia's State Board of Elections can remove electoral board members or general registrars after a public hearing. Removal requires a recorded two-thirds vote of all State Board members. Grounds include neglect of a clear required duty, misuse of office, or incompetence that materially harms the office's work. Removal also covers clear signs of likely future refusal or failure to perform duties that would materially harm that work. State removal decisions are final, with court review available only under the Administrative Process Act. Local electoral boards can remove general registrars on the same grounds after a public hearing and a recorded unanimous vote of all members. Registrars have three business days to appeal and stay in office through that deadline or until a timely appeal is decided. After a hearing, the State Board can reverse local removal by a recorded two-thirds vote of all its members.

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

Passed Senate

Yes: 20 • No: 19

Senate vote • 3/2/2026

Passed Senate

Yes: 20 • No: 20

Senate vote • 3/2/2026

Reconsideration of Senate passage agreed to by Senate

Yes: 38 • No: 0

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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