Overview

The Electoral Board for a county or independent city is the primary body responsible for administering elections for that jurisdiction. [1] Its specific duties are set and updated by the State Board of Elections, consistent with statute, every year by December 1st. Va. Code § 24.2-106.01(A).

Duties

The key duties of the Electoral Board in the vote counting and certification processes include:

1. Determining the validity of provisional ballots based on the research of their local Registrar, Va. Code Ann. § 24.2-653.01;
2. Reviewing the election results (i.e., the local canvass, to ensure the accuracy of Election Day, early voting, and vote-by-mail results) see “Preparing Canvass;” and
3. Conducting periodic risk-limiting audits. Va. Code § 24.2-671.2.

Makeup and Term

There are three members of each Electoral Board. Two are from the party that won the governorship in the last election and one from the other major party. Va. Code § 24.2-106(A). They are appointed by the Chief Judge (or their designee circuit judge) of the circuit court for that county or city for three-year staggered terms, expiring December 31 of their third year. Va. Code § 24.2-106(A). For the 2023 elections, each Electoral Board will consist of two Republicans and one Democrat as the governorship is currently held by a Republican. Va. Code Ann. § 24.2-106(A).

Appointment Information

• Appointed: The Electoral Board members are appointed by the Chief Judge of the local circuit court (or designee circuit judge). Va. Code § 24.2-106(A).
• Partisan Makeup and Qualifications: By December 15, or within 30 days of a vacancy, parties submit a list of at least three registered voters from the county or city for each opening. Appointment must be from this list with two from the Governor’s party and one from the other major party. Va. Code § 24.2-106(A).
• Leadership: The Board self-elects the Chair and Secretary, who must be from different parties (unless the minority party declines in writing). Va. Code § 24.2-106(B).
• Vacancies: ****Most vacancies are filled in the same manner as outlined above. Additionally, the Chief Judge can also make temporary appointments on a meeting-to-meeting basis if required to obtain a quorum due when there is an absence or temporary disability of a member; however, eligibility rules and partisan balance must be respected to the “extent practicable.” Va. Code § 24.2-106(A).
• Restrictions: Family members (or the spouse of family members) of the Electoral Board or the General Registrar may not be appointed to the Electoral Board of that locality. Va. Code Ann. § 24.2-106(A). Family members of a candidate within a locality are also prohibited from being appointed to the Electoral Board in that locality. Va. Code Ann. § 24.2-106(C). Finally, chairpersons of a state, local, or district-level political party committee and paid campaign workers for any candidate voted on by any voters within the jurisdiction of the Electoral Board are prohibited from serving on the Electoral Board of that locality. Va. Code § 24.2-106(C).

Library Of Electoral Board Members

The contains information on members of Virginia’s 133 local Electoral Boards. Informing Democracy has identified Electoral Board members whose prior actions have raised concerns about their roles in the electoral process.

For more information, please see About Our Strategic Research Library

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