As the 2026 General Assembly session draws closer to its scheduled adjournment on Saturday, several election-related bills of interest to local governments are advancing toward final passage or are already headed to the Governor’s desk.
Ranked-choice voting: HB 630 (Callsen) and SB 176 (VanValkenburg) set out certain administrative provisions for implementing ranked-choice voting, such as direction to the State Board to provide standards for vote tabulating software and direction on how damaged ballots should be handled. The bills expand the option to conduct an election by ranked-choice voting to town councils (currently this option is limited to elections of boards of supervisors and city councils), but allow counties to bill towns for costs associated with conducting an election via ranked-choice voting if those costs would not have been incurred otherwise. VACo had requested this provision in earlier versions of the legislation considered in previous years to ensure that counties were not obligated to incur expenses due to a decision made by a town.
Status update: HB 630 is on the Senate floor. SB 176 has passed both chambers.
Sunday voting: SB 438 (Bagby), as introduced, required early voting to be offered on the second Sunday immediately preceding all elections. A substitute offered in Senate Privileges and Elections expanded this language to require early voting to be offered between the hours of 11:00 a.m. and 5:00 p.m. on the second and third Sunday immediately preceding all elections. Currently, electoral boards must offer early voting for eight hours on the two Saturdays preceding the election, but offering early voting on Sundays is discretionary, and legislators in both parties have recently expressed concerns about variation among localities in early voting opportunities. VACo has traditionally supported local flexibility to determine how best to use local resources to accommodate voters.
Status update: The bill was further amended in the House to require that five hours of early voting be offered between the hours of 11:00 a.m. and 5:00 p.m. on the two Sundays, which addresses some concerns that were raised regarding the stipulation of opening and closing times in the Code. The Senate accepted this amendment, so the bill now awaits action by the Governor.
Electronic Registration Information Center: SB 57 (VanValkenburg) requires the state to rejoin the Electronic Registration Information Center (ERIC). A related bill, HB 215 (Henson), contains similar language in a second enactment, as well as language requiring the Commissioner of Elections to submit proposed memoranda of understanding with any third party for voter registration data exchange to the State Board of Elections for review and approval. VACo supports the state’s rejoining ERIC as part of an effort to ensure accurate voter lists to support local election administration planning.
Status update: Both bills have passed both chambers.
Voting Rights Act of Virginia: HB 967 (Price) revises several provisions of the Voting Rights Act of Virginia. The bill revises the standard for determining that a violation has occurred; expands who may challenge a covered practice (such as a change to district boundaries or change in polling places) to include any organization whose membership includes persons who will be subject to or affected by the covered practice; and expands who has standing to initiate a cause of action for an alleged violation to include any organization whose membership includes members of a protected class or whose mission would be frustrated by a violation of the Act. The bill does not expand the list of covered practices that are subject to the review and public comment process.
Status update: The bill has passed the Senate with several amendments dealing with how racially polarized voting is defined and how vote dilution is proven. The House has accepted these amendments, so the bill has now passed both chambers.
Non-governmental election funding: HB 639 (Krizek) revisits an earlier prohibition on acceptance of funding from private individuals or nongovernmental entities for election-related expenses to allow acceptance of such funds under certain circumstances. The bill bars acceptance of such funding in excess of $1000 unless approved by a two-thirds majority of the State Board of Elections or the local governing body.
Status update: This bill is on the Senate floor.
Removal of electoral board members or general registrars: HB 41 (Simon) sets out a process for removal of an electoral board member or general registrar. Under the bill, the State Board of Elections may remove a member of an electoral board member or general registrar for certain enumerated reasons, including neglect of a clear, ministerial duty or misuse of office; a two-thirds majority vote would be required for removal. Similarly, a local electoral board would be authorized to remove a general registrar by a unanimous vote; in this case, the registrar would be entitled to appeal to the State Board of Elections, which could reverse the electoral board’s decision by a two-thirds vote. A related bill, HB 78 (Price), stipulates that ascertaining and certifying election results are clear, ministerial duties of electoral board members and that neglect or refusal to perform such duty would be grounds for removal and a civil penalty of up to $1000.
Status update: Both bills have passed both chambers.
Incumbent failure to file: SB 126 (Pekarsky), which has passed the Senate, provides that if an incumbent does not submit the declaration of candidacy, petitions, and filing fees by the seventy-fifth day before a primary election (or the documents are filed but subsequently withdrawn), any person other than the incumbent would have five more days to file these documents.
Status update: This bill has passed both chambers.
Challenges to candidate eligibility: SB 169 (Pekarsky) requires any legal action related to a candidate’s eligibility to be filed within certain deadlines, and sets deadlines for the court to decide such a case.
Status update: This bill has passed both chambers.
Address confidentiality for candidates: HB 835 (McClure) and SB 632 (Aird) allow any person who is or has been an elected official to provide a post office box address in lieu of his or her street address for inclusion in lists of registered voters and other public documents, and bars the disclosure of the address, phone number, or email address of a candidate under the Virginia Freedom of Information Act without written consent of the candidate.
Status update: Both bills have passed both chambers.
VACo Contact: Katie Boyle