Administrative Code

Virginia Administrative Code
Title 1. Administration
7/14/2024

Agency 20. State Board of Elections

Preface

VAC AGENCY NO. 20

STATE BOARD OF ELECTIONS

AGENCY SUMMARY

The State Board of Elections is authorized by Chapters 1 (§ 24.2-100 et seq.), 4 (§ 24.2-400 et seq.), 4.1 (§ 24.2-451 et seq.), and 7 (§ 24.2-700 et seq.) of Title 24.2 of the Code of Virginia 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 is authorized to establish and maintain a statewide automated voter registration system, including 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. 

Pursuant to Chapters 3 (§ 24.2-300 et seq.), 6 (§ 24.2-600 et seq.), and 7 (§ 24.2-700 et seq.) of Title 24.2 of the Code of Virginia, 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. The board 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.

Candidates for statewide, legislative, and shared constitutional offices must file statements of qualification for office with the board pursuant to Chapter 5 (§ 24.2-500 et seq.) of Title 24.2 of the Code of Virginia. 

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 pursuant to Chapter 5 (§ 24.2-500 et seq.) of Title 24.2 of the Code of Virginia. 

The board is required by Chapter 5 (§ 24.2-500 et seq.) of Title 24.2 and Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia 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.

Pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2 of the Code of Virginia, the department administers a centralized electronic system for receiving reports of campaign contributions and expenditures. All candidates for statewide office, General Assembly, and local or constitutional offices must electronically file with the department. The board may not issue a certificate of election to any successful candidate until these required pre-election reports and the first post-election report have been filed.

The department publishes informational 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 pursuant to Chapter 6 (§ 24.2-600 et seq.) of Title 24.2 of the Code of Virginia.

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 pursuant to Chapter 8 (§ 24.2-800 et seq.) of Title 24.2 of the Code of Virginia.

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 at http://elections.virginia.gov/ or by calling 1-800-552-9745 or TTY 800-260-3466. The offices of the board and the department are located at the Washington Building, 1100 Bank Street, Richmond, VA 23219.

Rev. 7/2024

Chapter 10
Public Participation GuidelinesRead all
Section 10
Definitions
Section 20
Notification List
Section 30
Information to Be Sent to Persons on the Notification List
Section 40
Public Comment
Section 50
Petition for Rulemaking
Section 60
Appointment of Regulatory Advisory Panel
Section 70
Appointment of Negotiated Rulemaking Panel
Section 80
Meetings
Section 90
Public Hearings on Regulations
Section 100
Effective Date and Posting to Agency Website
Section 110
Appeal of Board Decisions
Section 120
Periodic Review of Regulations
Section 130
Transition
Chapter 20
General AdministrationRead all
Section 10
Definitions
Section 20
Electronic Transmission of Records Containing Sensitive Personal Information; Encryption or Redaction Required.
Section 30
Organization of State Board of Elections; Seal
Section 40
Virginia Help America Vote Act Plan
Section 50
Fee for Nonattendance at Annual Training
Section 60
Delegations to Secretary of State Board of Elections
Section 70
Duty to Request Assistance and to Notify Voters of Denial of Applications for Voter Registration or Absentee Ballots.
Section 80
Complaints
Section 90
Required Training for Virginia Voter Registration System Users
FORMS
Forms (1VAC20-20)
DIBR
Documents Incorporated by Reference (1VAC20-20)
Chapter 40
Voter RegistrationRead all
Article 1
General Provisions
Section 10
Definitions
Article 2
Residency for Voter Registration
Section 20
Required Intent for Voter Registration
Section 30
Presumptions
Section 40
Review of Application
Section 50
Supplemental Questions
Section 60
Review of Supplemental Questions
Section 70
Applications for Voter Registration; Affirmation of United States Citizenship
Section 80
[Repealed]
Section 90
[Repealed]
FORMS
Forms (1VAC20-40)
Chapter 45
Absent Military and Overseas VotersRead all
Section 10
Definitions
Section 20
Voter Registration
Section 30
Electronic Submission of Federal Post Card Application
Section 40
Material Omissions from Federal Write-In Absentee Ballots
FORMS
Forms (1VAC20-45)
Chapter 50
Candidate QualificationRead all
Section 10
(Reserved.)
Section 20
Material Omissions from Candidate Petitions and Petition Signature Qualifications
Section 30
Appeals of Petition Signature Insufficiency
Section 40
Review of Canceled Voter Petition
FORMS
Forms (1VAC20-50)
Chapter 60
Election AdministrationRead all
Section 10
(Reserved.)
Section 20
Material Omissions on Referendum Petitions and Petition Signature Qualifications
Section 30
Electronic Devices in Polling Place
Section 40
When Ballot Cast
Section 50
Overfull Optical Scan Ballot Container
Section 60
Provisional Votes
Section 70
Mandatory Logic and Accuracy Testing for Electronic Pollbooks
Section 80
Request for a Risk-Limiting Audit for a Contested Race within a Jurisdiction
Section 90
Material Omissions from Officer Removal Petitions and Petition Signature Qualifications
FORMS
Forms (1VAC20-60)
Chapter 70
Absentee VotingRead all
Section 10
Definitions
Section 20
Material Omissions from Absentee Ballots
Section 30
[Repealed]
Section 40
Alternative Processing Procedures for Absentee Ballots Returned Before Election Day
Section 50
Version; Applicable Law.
Section 60
Security Requirements for Absentee Satellite Offices
Section 70
Mandatory Mailing Elements on Absentee Ballot Envelopes
Section 80
[Repealed]
Section 90
Requirements for Third Parties Mailing and Assembling Absentee Ballots
FORMS
Forms (1VAC20-70)
Chapter 80
Recounts and Contested ElectionsRead all
Section 10
Definitions
Section 20
Recounts and Contested Elections
DIBR
Documents Incorporated by Reference (1VAC20-80)
Chapter 90
Campaign Finance and Political AdvertisementsRead all
Section 10
Definitions
Section 20
[Repealed]
Section 30
Express Advocacy
Chapter 100
Ranked Choice VotingRead all
Section 10
Definitions
Section 20
Administration
Section 30
Ranked Choice Voting
Section 40
Ballot Treatment
Section 50
Ranked Choice Voting Tabulation
Section 60
Unreadable Ballots
Section 65
Write-Ins
Section 70
Election Results
Section 80
Outreach

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