Administrative Code

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Virginia Administrative Code
10/1/2020

1VAC20. State Board of Elections

VAC AGENCY NO. 20

AGENCY SUMMARY

The State Board of Elections (“Board’) is authorized to prescribe standard forms for voter registration and elections, and to supervise, coordinate, and adopt regulations governing the work of local electoral boards, registrars, and officers of election.  The Department of Elections (“Department”) is authorized to establish and maintain a statewide automated voter registration system to include procedures for ascertaining current addresses of registrants; to require cancellation of records for registrants no longer qualified; to provide electronic application for voter registration and absentee ballots; and to provide electronic delivery of absentee ballots to eligible military and overseas voters. Code of Virginia, Title 24.2, Chapters 1, 4,  4.1 and 7. The Department conducts the Board's administrative and programmatic operations and discharges the board's duties consistent with delegated authority. The Board prescribes standard forms for use in absentee voting and at elections. It is authorized to approve kinds or types of voting equipment and ballots that may be used; to establish procedures governing conduct of elections; to certify candidates; to determine (by lot) the order of political parties, party groups, and independents on the ballot; and to verify the accuracy of ballots printed by localities. Code of Virginia, Title 24.2, Chapters 3, 6 and 7.

Candidates for statewide, legislative and shared constitutional offices must file statements of qualification for office with the Board. Code of Virginia, Title 24.2, Chapter 5. Candidates for statewide offices in a party primary and candidates for statewide and federal offices in a general election who are independents or who represent groups other than a qualified political party must also file with the board declarations of candidacy and other qualifying papers. Code of Virginia, Title 24.2, Chapter 5. The Board is required to disqualify any candidate who fails to file these documents by the required deadline or who fails to file a statement of financial interests with the appropriate authority by the required deadline. Code of Virginia, Title 24.2, Chapter 5 and Title 2.2, Chapter 31.

The Department administers a centralized electronic system for receiving reports of campaign contributions and expenditures. All candidates have the option to file electronically and electronic filing with the Department is mandatory for candidates for statewide office, General Assembly, and local offices in localities with populations larger than 70,000, or if contributions or expenditures during an election cycle exceed $25,000, as well as political parties and political action committees. The Board cannot issue a certificate of election to any successful candidate until these required pre-election reports and the first post-election report have been filed. Code of Virginia, Title 24.2, Chapter 9.3.

The Department publishes information bulletins on the filing and campaign finance requirements for each office that are updated annually and available on its website.

The Board tabulates and certifies results of elections for federal and state offices and for constitutional offices shared by a county and one or more cities and, in tied elections for these offices, determines by lot the candidate to be declared elected. Code of Virginia, Title 24.2, Chapter 6.

Circuit courts are required to consult with the Board and the Department in the conduct of any recount for federal, state or shared constitutional offices. Code of Virginia, Title 24.2, Chapter 8.

The Board operates under the supervision of the Secretary of Administration. Regulations and guidance documents are available for public inspection electronically through the Board's Internet address: http://elections.virginia.gov/ or calling 1-800-552-9745 TTY 800-260-3466. The  offices of the Board and the Department are  located at the Washington Building, 1100 Bank St., Richmond, VA 23219. Internet address:  http://elections.virginia.gov/

Rev. 08/2019

 

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.