<aside> 🗳️ Introduction to This Report

This report aims to build confidence in Virginia’s voting system by shedding light on the processes, checks, and quality assurance steps in place that ensure fair and free elections, and, ultimately, a stronger democracy.

Here you will find a detailed overview of the processes and offices and personnel that govern vote counting and election certification, as well as a timeline of key dates. We have also identified potential process and personnel vulnerabilities to better help our pro-democracy partners monitor our elections and target corrective action to protect the integrity of our elections.

Please note that the research on Electoral Board members and Clerks was completed before the November 7, 2023 general election and has not been updated.

Please note, throughout the report, that the blue ballot icon indicates research on legal and election process questions. The orange ballot icon indicates strategic research and potential threats. If you would like to share any feedback on this report or have questions for our research team, contact us at: info[at]informingdemocracy[dot]org.

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Virginia Overview


Virginia election procedures are largely codified in detail in statute and regulation, with additional guidance provided by the State Board of Elections. This leaves limited discretion in the hands of Local Electoral Boards, Registrars, and election staff. Additionally, there are strong protections in Virginia law, including the power of the State Board, to remove local officials for a failure to discharge their duties. Va. Code Ann. §§ 24.2-103(E), 24.2-234. This makes it unlikely that even election deniers or subverters serving in an official role could fully undermine a Virginia election.

While we believe in the security of our elections, we expect to see continued efforts to undermine our elections, similar to those seen in the midterm, that could lead to increased chaos and a potential delay in the counting process in the state. As such, we have tried to identify individuals closely involved in the administration of Virginia’s elections who could pose such threats, as well as identify concerning patterns involving who runs the Commonwealth’s elections and how some officers of elections are trained. Please note that our research on individual officials was completed in the fall of 2023 and has not been updated to account for more recent changes in personnel.

Offices + Personnel


This section provides information about the officers and personnel in charge of election administration in Virginia. Click on each office below for complete details. You can also review a brief overview here:

Offices + Personnel: Overview

Org Chart: Virginia Election Administration

2023 Virginia Survey Methodology + Questions

Executive + Legislature

Governor

Attorney General

Legislature: House of Delegates + Senate

Boards + Administration

Commissioner of Elections + Department of Elections

State Board of Elections

Electoral Board (City or County)

General Registrar

Officers of Election

Courts

Courts

Election Administration Processes


Virginia has a centralized system of vote counting and certification. Many of the process steps and duties are outlined in Virginia statute. Va. Code § 24.2-103(A). Additional guidance comes from the State Board and the Virginia Department of Elections, headed by the Commissioner of Elections, with local discretion over some administrative issues. Va. Code Ann. § 24.2-103A)-(D),(H). Click on each process title below for complete details.

Tabulation

Tabulation

Provisional Ballot Processing

Observers (Authorized Representatives)

Voter Challenges + Challenged Ballots

Canvass + Certification

Canvass + Certification

Legal Protections for Canvass & Certification

Emergency Powers

Emergency Powers

Verification

Risk-Limiting Audits

Recounts

Contests

Potential Vulnerabilities

Virginia has clear statutes and regulations in place to safeguard its election procedures, with additional guidance provided by the State Board of Elections. This leaves limited discretion in the hands of local Electoral Boards, General Registrars, and election staff. Additionally, Virginia law provides the State Board of Elections with strong corrective measures for mis- or mal-administration, including the power of the State Board to remove local officials for a failure to discharge their duties. This makes it unlikely that election deniers or subverters serving in an official role could fully undermine a Virginia election. However, our analysis of Virginia’s election processes and some election-denying officials highlights aspects of how elections in the state have been targeted in the past and potential areas that may be vulnerable this election cycle.