Several election-related bills of interest to local governments remain under consideration at the crossover deadline.
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. HB 630 is on the House floor and SB 176 has passed the Senate and awaits a hearing in the House Privileges and Elections Committee.
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 committee expanded this language to require early voting to be offered between the hours of 11 a.m. and 5 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. A similar bill, SB 533 (Suetterlein), would have required early voting to be available between the hours of 8 a.m. and 5 p.m. Monday through Friday and between the hours of 1 p.m. and 5 p.m. on the second Sunday preceding all elections. This bill was continued to 2027 in Senate Privileges and Elections. SB 438 has passed the Senate.
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. HB 215 is on the House floor; SB 57 has already “crossed over” to the House.
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. As introduced and passed by the House, the bill does not expand the list of covered practices that are subject to the review and public comment process.
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 $1,000 unless approved by a two-thirds majority of the State Board of Elections or the local governing body. This bill has passed the House and awaits action in Senate Privileges and Elections.
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 $1,000. Both bills have passed the House and been referred to the Senate Privileges and Elections Committee.
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 75th 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.
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. This bill has also passed the Senate.
Failed/Continued Elections Legislation of Interest to Local Governments
HB 23 (Helmer)/SB 76 (VanValkenburg) would have required all primaries for offices to be filled in the November general election in presidential primary years to be held on the date of the presidential primary. Although similar legislation passed last year and was vetoed, SB 76 failed to report in Senate Privileges and Elections, and HB 23 was subsequently stricken.
HB 71 (Reaser) would allow a local governing body to prescribe the dates and hours of operation of satellite offices for in-person absentee voting (if the dates and hours met minimum requirements set out in statute). Currently, the governing body establishes the number of satellite offices, but dates and hours of operation are set by electoral boards. This bill was continued to 2027 in House Privileges and Elections.
HB 162 (Simon) would allow local governing bodies in counties or cities to establish public campaign financing for elected local offices. This bill was continued to 2027 in House Privileges and Elections.
SB 202 (Suetterlein) would require vacancies in boards of supervisors or city councils to be filled by a special election rather than a temporary appointment and would supersede special forms of government and charters setting out different timelines for filling vacancies. VACo opposed this bill, which would mandate a significant change to well-established processes and eliminate modest accommodations in Virginia law that allow localities to maintain continuity in governance and minimize costs from unexpected special elections. This bill was continued to 2027 with a suggestion that the Chairs of the House and Senate Privileges and Elections Committees request further discussion on this topic.
HB 89 (Cole, J.G.) would have required the Department of Elections to implement an online filing system to accept any notification, form, or petition required to be filed by a party official or candidate and allowed such documents to be filed electronically. This bill did not emerge from committee prior to the crossover deadline.
HB 235 (Gardner) would establish a pilot program for “super precincts,” and allow any county or city to apply to the State Board of Elections to participate. Super precincts would be composed of whole precincts that would be combined to serve up to 15,000 registered voters per vote center. A proposal would outline the number of super precincts to be established, the elections during which they would be used, and how they would be operated. The State Board would promulgate standards for the operation of super precincts and would have to approve participation in the pilot program unanimously. The authorization for the pilot program would expire in 2030. This bill was continued to 2027 in House Privileges and Elections.
VACo Contact: Katie Boyle