VirginiaHB782026 Regular SessionHouse

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

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

Became Law

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

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

Faster, clearer election result certification

Local electoral boards must meet by 5:00 p.m. the day after an election and may adjourn for up to 10 days unless an audit needs more time. They must open returns, finish abstracts, and count write-ins within one week when the law’s thresholds apply. Abstracts must be certified, kept on file, and copies sent right away to the State Board and the court clerk; the State Board may require corrections. If abstracts are missing after 10 days, a law‑enforcement officer retrieves certified copies. Any change to unofficial or official results must be sent to the State Board, and an explanation must be posted on its website.

No firearms near results meetings

It is illegal to knowingly have a firearm within 40 feet of a building used for a local board meeting while results are ascertained. Exceptions include on‑duty law‑enforcement and qualified retired officers, people on their own private property, and licensed armed security on duty. The rule applies only during the meeting.

Observers for parties and candidates

Each political party and each candidate on the ballot can have observers when the local board meets to ascertain results. They may have at least as many observers as there are teams of officials. Observers must get reasonable access and proximity and must not interfere with the count.

Stronger state oversight of elections

The State Board of Elections supervises local boards and registrars to keep practices uniform and lawful. The Board posts new rules online within three business days and must give parties or candidates copies of instructions within three days, charging only actual cost. The Board can go to court to stop unlawful actions. If a local board fails to do required duties, the State Board can step in and perform them.

Removal and fines for noncompliance

The State Board can start removal proceedings against electoral board members or general registrars who fail to perform clear legal duties, by recorded majority vote. Any electoral board member who fails or refuses to certify results can be fined up to $1,000, paid to the Voter Education and Outreach Fund. These tools enforce timely, lawful certification.

Stronger management and staff neutrality rules

The Department of Elections must employ a full‑time Director of Operations to run daily work and ensure compliance with election laws. Department staff may not serve as political party officers or work in campaigns for offices voted on by Virginia voters. These rules strengthen management and protect neutrality.

Stronger training and standards for election staff

The State Board trains local electoral board members at least once a year and cannot charge fees. General registrars must be certified within 12 months of appointment; a waiver of up to three months is allowed case by case. The registrar program is reviewed at least every four years. Officers of election get standardized training and an online course, updated every two years after federal general elections. Local boards must appoint registrars and precinct officers and carry out all required duties. A registrar who fails to get or keep certification must be removed after notice.

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

Subcommittee recommends reporting

Yes: 8 • No: 0

House vote 1/26/2026

Subcommittee recommends reporting

Yes: 6 • No: 2

House vote 1/26/2026

Reconsidered by Privileges and Elections (Voice Vote)

Yes: 0 • 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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