VirginiaHB782026 Regular SessionHouse

Elections administration; duties of local electoral boards, certification of election, etc.

Sponsored By: Marcia S. "Cia" Price (Democratic)

Signed by Governor

Summary

Elections administration; duties of local electoral boards; certification of election; grounds for removal; civil penalty. Provides that the certification of the results of an election is a clear ministerial duty of the local electoral boards and that a member of the local electoral board who neglects or refuses to perform such duty in accordance with law shall be subject to removal proceedings by the State Board of Elections and assessed a civil penalty not exceeding $1,000. The bill also authorizes the State Board of Elections to intervene and carry out the duties related to election certification in the event a local electoral board fails or refuses to do so.

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 4 benefits, 1 costs, 3 mixed.

Election officials receive free, standard training

Local boards appoint election officers and must promptly notify them. The State Board must set training standards and provide standard materials and an online course for election officers. It must offer local board members training annually, or more often when needed. Required training carries no fees for officers or board members. Officer training materials and the online course must be reviewed every two years, in the year after a federal general election.

Election results get deadlines and public explanations

Local boards must meet by 5:00 p.m. the day after an election, including when specified material-delivery options are used. They may move to a larger room and adjourn as needed, ordinarily no later than 10 calendar days after the election. An extension is allowed for a risk-limiting audit, which checks election results. Boards must count returns and promptly send signed, certified vote reports, attested by the secretary, to state officials and local clerks; referendum reports also go to circuit courts. The State Board may require corrections, and local boards must report changes to unofficial results or official reports, with explanations posted on the State Board's website.

Parties and candidates gain counting access

Each party and each independent or primary candidate on the ballot may send representatives to watch boards determine results. Each is entitled to at least as many representatives as there are counting teams. Representatives must have reasonable access and be close enough to view ballots. Representatives and other lawful observers must not interfere with election officials.

State election oversight and transparency expand

Virginia's State Board of Elections, through the Department of Elections, must oversee local officials and address major election risks. The Board must adopt bylaws and a seal and report annually to the Governor and General Assembly. The Department employs a full-time Director of Operations, covered by state personnel rules, to manage operations and legal compliance. The Board must post rules online within three business days of adoption. Parties and candidates requesting instructions shared with local officials must receive copies within three days, with charges capped at actual cost.

Election board members face certification penalties

Local boards must conduct elections, determine results, and certify them; these duties are mandatory, and neglect or refusal grounds removal. The State Board must start proceedings for neglecting or refusing a clear, legally required duty, following a recorded majority vote. It may seek court orders to enforce compliance. It may also perform specified counting, certification, and reporting duties when a local board fails or refuses to act. A board member who fails or refuses to certify results faces a civil penalty up to $1,000, besides other penalties; payments go to the Voter Education and Outreach Fund.

Election counting meetings get firearm restrictions

The law creates a firearm-free buffer while a local board meets to determine election results. Knowingly possessing a firearm within 40 feet of the building, or part used for the meeting, is unlawful. Exceptions cover specified law-enforcement officers and people occupying their own private property within that distance. Licensed armed security officers working or performing duties within that distance are also exempt.

Registrars get free training, face certification deadlines

Local boards appoint general registrars and must promptly notify them. Registrars must earn Department of Elections certification within 12 months of appointment or reappointment. At a local board's request, the State Board may grant one case-by-case extension of up to three months. Training is free; the State Board sets course content, completion standards, annual hours, and certification maintenance rules. The program must be reviewed at least every four years, and local boards must remove registrars after notice for failing to earn or keep certification.

Write-in candidates get specific counting rules

A special counting rule applies when no write-in candidate wins. Combined write-in votes must be below both 10% of votes for the office and the leading candidate's vote total. In that case, the board must determine each write-in candidate's total within one week after the election. The official vote report lists only the combined write-in total, not each write-in candidate's count.

Sponsors & Cosponsors

Sponsor

  • Marcia S. "Cia" Price

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 201 • No: 30

Senate vote • 3/2/2026

Passed Senate

Yes: 25 • No: 15

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 • 2/3/2026

Read third time and passed House

Yes: 92 • No: 6

House vote • 1/30/2026

Reported from Privileges and Elections with amendment(s)

Yes: 22 • No: 0

House vote • 1/26/2026

Reconsidered by Privileges and Elections (Voice Vote)

Yes: 0 • No: 0

House vote • 1/26/2026

Subcommittee recommends reporting

Yes: 6 • No: 2

House vote • 1/26/2026

Subcommittee recommends reporting

Yes: 8 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0060)

    4/6/2026Governor
  2. Approved by Governor-Chapter 60 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

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

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB78)

    3/6/2026House
  6. Bill text as passed House and Senate (HB78ER)

    3/6/2026House
  7. Enrolled

    3/6/2026House
  8. Signed by President

    3/6/2026Senate
  9. Signed by Speaker

    3/6/2026House
  10. Passed Senate (25-Y 15-N 0-A)

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

    2/27/2026Senate
  12. Read third time

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

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

    2/26/2026Senate
  15. Rules suspended

    2/26/2026Senate
  16. Reported from Privileges and Elections (8-Y 7-N)

    2/24/2026Senate
  17. Fiscal Impact Statement from Department of Planning and Budget (HB78)

    2/11/2026House
  18. Referred to Committee on Privileges and Elections

    2/4/2026Senate
  19. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  20. Read third time and passed House (92-Y 6-N 0-A)

    2/3/2026House
  21. Moved from Uncontested Calendar to Regular Calendar

    2/3/2026House
  22. Engrossed by House as amended

    2/2/2026House
  23. committee amendments agreed to

    2/2/2026House
  24. Read second time

    2/2/2026House
  25. Read first time

    1/30/2026House

Bill Text

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