Virginia House Advances House Bill 78 to Bolster Election Certification Protocols and Electoral Board Requirements

Sep 10, 2026, 6:45 AM ET

Speaker addresses a legislative session with Virginia and U.S. flags

RICHMOND, Va. – The Virginia House of Delegates has passed House Bill 78, a measure designed to clarify and strengthen the duties of local electoral boards in certifying election results, sending it to the Senate for consideration amid ongoing efforts to maintain uniformity and reliability in the state’s election processes.

Introduced by Delegate Price on January 14, 2026, and prefiled on December 31, 2025, HB78 targets key sections of the Code of Virginia related to elections administration. The legislation amends §§ 24.2-103, 24.2-109, 24.2-671, 24.2-675, and 24.2-678, while adding a new § 24.2-1001.1 to establish a civil penalty framework. At its core, the bill designates the certification of election results as a non-discretionary ministerial duty for local electoral boards, ensuring that these bodies perform their roles without delay or arbitrary withholding.

Under current law, electoral boards meet no later than 5:00 p.m. the day after an election to ascertain results from precinct returns. HB78 reinforces this timeline, mandating that boards complete abstracts of votes and certify outcomes promptly. The bill explicitly states that neglect or refusal to carry out these duties constitutes grounds for removal of board members or general registrars, empowering the State Board of Elections to initiate proceedings. This accountability measure extends to situations where local boards fail to meet, ascertain results, or forward certified abstracts, allowing the State Board to intervene directly.

The engrossed version, passed by the House, builds on subcommittee recommendations and committee prints reviewed in late January. On January 26, 2026, the Privileges and Elections Committee considered the bill in subcommittee, followed by full committee action. The House gave it final passage on January 30, 2026, with broad support reflected in roll call votes that included delegates from various districts across the Commonwealth.

Provisions in § 24.2-103 emphasize the State Board’s supervisory role to identify and address risks to election integrity, promoting legality and purity in elections. Training requirements for board members, registrars, and officers of election remain intact, with the bill underscoring compliance as essential to uniform practices. Similarly, § 24.2-109 outlines the electoral board’s responsibilities in appointing officials and conducting elections, now explicitly labeling ascertainment and certification as nondiscretionary tasks.

A key addition in § 24.2-671 requires boards to open returns and ascertain totals without exception, with State Board intervention authorized if duties are neglected. Section 24.2-675 mandates certification and signing of abstracts by the full board, with copies promptly sent to the State Board and local clerks. Failure here triggers State Board oversight to complete the process.

This legislative push comes as Virginia continues to refine its electoral framework post recent cycles, where timely certification has been pivotal to public confidence. By codifying these duties, HB78 aims to eliminate ambiguity, ensuring results are finalized within strict deadlines—up to 10 days for recounts or audits but no extensions for basic certification absent legal cause. Observers note that such clarity safeguards against potential disruptions, upholding the mechanical execution of election laws.

The bill’s progression through the House highlights a commitment to procedural rigor. Early amendments, such as those in HB78AH1 and HB78AHC1 adopted on January 30, fine-tuned language to strike extraneous provisions while preserving the ministerial emphasis. Vote tallies from January 26 subcommittees and plenary sessions showed consistent advancement, positioning HB78 favorably as it enters the Senate phase.

As of February 28, 2026, the measure awaits Senate assignment, potentially to the Privileges and Elections Committee. If enacted, changes would take effect upon passage, integrating seamlessly into Virginia’s election code to foster dependable administration at the local level. Local electoral boards, serving counties and cities statewide, stand to gain explicit guidelines that prioritize execution over discretion, thereby reinforcing the foundational trust in democratic processes.

Virginia’s electoral system, overseen by the Department of Elections, relies on over 100 local boards to handle everything from ballot preparation to result tabulation. HB78’s focus on enforcement mechanisms, including removal proceedings and civil penalties under the new section, provides tools for swift correction of any lapses. This structured approach ensures that post-election canvassing proceeds efficiently, delivering conclusive results that bind subsequent certificates of election.

Stakeholders across the Commonwealth have monitored the bill closely, recognizing its potential to standardize practices amid varying local capacities. By mandating State Board action in cases of noncompliance, the legislation balances local autonomy with statewide oversight, preventing isolated failures from impacting broader outcomes. As the General Assembly convenes further, HB78 represents a targeted enhancement to election reliability, aligning duties with the imperative of uniform, lawful execution.

Email the Richmond City Council:
Andrew Breton, andrew.breton@rva.gov,
Katherine Jordan, katherine.jordan@rva.gov,
Kenya Gibson, kenya.gibson@rva.gov,
Sarah Abubaker, sarah.abubaker@rva.gov,
Stephanie Lynch, stephanie.lynch@rva.gov,
Ellen Robertson, ellen.robertson@rva.gov,
Cynthia Newbille, cynthia.newbille@rva.gov,
Reva Trammell, reva.trammell@rva.gov,
Nicole Jones, nicole.jones@rva.gov,

Email the Richmond School Board:
Matthew Percival, mpercival@rvaschools.net,
Kathryn Ricard, kricard@rvaschools.net,
Ali Faruk, afaruk@rvaschools.net,
Wesley Hedgepeth, whedgepeth@rvaschools.net,
Stephanie Rizzi, srizzi@rvaschools.net,
Anne Holton, aholton@rvaschools.net,
Cheryl Burke, cburke2@rvaschools.net,
Emmett Jafari, ejafari@rvaschools.net,
Shavonda Fernandez, sdixon@rvaschools.net,

Richmond Virginia Virginia House of Delegates Virginia Senate Aaron Rouse Abigail Spanberger Adam Ebbin Adele McClure Alex Askew Alfonso Lopez Ali Faruk Amendments Amy Laufer Andrew Breton Angelia Williams Graves Anne Holton Anne Tata Atoosa Reaser Barbara Favola Barry Knight Betsy Carr Bill DeSteph Bill Wiley Bonita Anthony Briana Sewell Bryce Reeves Buddy Fowler Charlie Schmidt Charniele Herring Cheryl Burke Chris Runion Christie Craig Christopher Head Cia Price Cliff Hayes Creigh Deeds Cynthia Newbille Dan Helmer Danica Roem Danny Diggs David Marsden David Reid David Suetterlein Debra Gardner Delores McQuinn Delores Oates Destiny LeVere Bolling Don Scott Election Integrity Elections Elizabeth Bennett-Parker Elizabeth Guzmán Ellen McLaughlin Ellen Robertson Emily Jordan Emmett Jafari Eric Phillips Eric Zehr Garrett McGuire Glen Sturtevant Gretchen Bulova Hillary Kent Holly Seibold House of Delegates Irene Shin Israel O'Quinn Jackie Glass Jas Jeet Singh Jason Ballard Jay Leftwich Jeion Ward Jennifer Boysko Jennifer Carroll Foy Jeremy McPike Jessica Anderson John McAuliff Joseph McNamara Josh Thomas Joshua Cole Justin Pence Kacey Carnegie Kannan Srinivasan Karen Hamilton Karen Keys-Gamarra Karrie Delaney Katherine Jordan Kathryn Ricard Kathy Tran Katrina Callsen Keith Hodges Kelly Convirs-Fowler Kenya Gibson Kimberly Pope Adams Lamont Bagby Lashrecse Aird Laura Cohen Lee Ware Legislation Leslie Mehta Lily Franklin Lindsey Dougherty Louise Lucas Luke Torian Luther Cifers Madison Whittle Mamie Locke Marcus Simon Margaret Franklin Mark Downey Mark Obenshain Mark Peake Marty Martinez Matthew Percival May Nivar Michael Feggans Michael Jones Michael Webert Michelle Maldonado Mike Cherry Mitchell Cornett Nadarius Clark Nicole Cole Nicole Jones Otto Wachsmann Patrick Hope Paul Krizek Phil Hernandez Phillip Scott Rae Cousins Reva Trammell Richard Stuart Richmond Richmond City Council Richmond School Board Rip Sullivan Robert Bloxom Rodney Willett Rozia Henson Russet Perry Ryan McDougle Saddam Salim Sam Rasoul Sarah Abubaker Schuyler VanValkenburg Scott Surovell Scott Wyatt Senate Shavonda Fernandez Shelly Simonds Stacey Carroll Stella Pekarsky Stephanie Lynch Stephanie Rizzi Tammy Mulchi Tara Durant Terry Austin Terry Kilgore Tim Griffin Timmy French Todd Pillion Tom Garrett Tommy Wright Tony Wilt Travis Hackworth Virgil Thornton Virginia Virginia House Virginia House of Delegates Virginia Senate Vivian Watts Wendell Walker Wesley Hedgepeth Will Davis Will Morefield William Stanley Wren Williams