Overview

The State Board of Elections is responsible for overseeing the administration of elections in Virginia and is currently composed of three Republican Commissioners (Chair John O’Bannon, Secretary Georgia Alvis-Long, and Commissioner Donald Merricks) and two Democratic Commissioners (Vice Chair Rosalyn Dance and Commissioner Matthew Weinstein). “SBE Board.” Through the Virginia Department of Elections (ELECT), the State Board provides policy statements, promulgates administrative regulations, and oversees the guidance provided to local election officials. Va. Code Ann. § 24.2-103(A). Under the State Board’s direction, ELECT creates guidance for local election officials with the goal of standardizing election administration in Virginia. “About Us.”

Duties

The State Board of Elections is responsible for ensuring:

  1. The “uniformity [of] practices and proceedings” in the operation of County and City Electoral Boards and Registrars; and
  2. The “legality and purity” of Virginia elections. Va. Code Ann. § 24.2-103(A).

Both of these responsibilities are accomplished by making regulations and rules as needed—consistent with state election laws—and ensuring all members of City or County Electoral Boards and Registrars are properly trained. Va. Code § 24.2-103(A)–(D).

The State Board of Elections is also responsible for conducting a review of all of the Electoral Board canvass results and aggregating the results of multi-jurisdictional races. Va. Code § 24.2-679(A). The Department of Elections, under authority delegated to it from the State Board, also reviews those results for technical errors. “GREB Ch 14” at 18. When the State Board of Elections is satisfied with these results, it transmits a certificate of election to the winner of each election. Va. Code Ann. § 24.2-680.

The State Board of Elections also forwards the name of the winner for Governor, Lieutenant Governor, and Attorney General to the House of Delegates and Senate and forwards the certificates of elections for seats in the  U.S. House of Representatives and the U.S. Senate to the respective clerks of those chambers. Va. Code Ann. § 24.2-680. Additionally, they forward the certificates of elections for any officer elected to serve across multiple jurisdictions to the Clerk(s) of the Circuit Court having jurisdiction. Va. Code Ann. § 24.2-680.

The State Board of Elections also has some oversight powers including:

  1. The ability to remove an Electoral Board member if the member “fails to discharge the duties of [their] office in accordance with law.” Va. Code § 24.2-103(E).
  2. The power to request that the Attorney General assist the Commonwealth Attorney with an investigation in “any jurisdiction in which election laws have been violated.” Va. Code § 24.2-104(B). [1]

Note: Some of these responsibilities of the State Board can be delegated to the Virginia Department of Elections which is headed by the Commissioner of Elections. Va. Code § 24.2-102(B). For example, the Department of Elections often issues clarifying guidance and conducts training. ”Henrico Interview;” see, e.g. “SBE Policy 2021-002.”

Makeup and Term

The State Board of Elections is composed of five members. They are initially nominated by political parties on a geographically diverse list and then appointed by the Governor and confirmed by the General Assembly. Three of these members must be from the party that won the Governorship in the last election and two must be from the other major party. They serve four-year staggered terms, starting on February 1. Va. Code § 24.2-102(A).

Appointment Information