Statutory Responsibility of SBE, EBs and the GRs

• Overview of the Electoral System in Virginia– Diffuse power– U.S. and Va. Constitutions– Va. Code– Federal law

SBE• Role of the State Board

– Board makes policies• Staff makes recommendations and implements• Secretary is Agency Head• Board adopts and they become regulations and/or

guidelines– Supervise and Coordinate– Uniformity– Training of EBs and GRs

• Require Certification of Training of Officers of Election– Required by law to make regs and policies

• For uniformity, you have to follow them all, and you may not like every single one – the key thing is to stay involved in the process and provide input

– Resort to Courts when necessary

Electoral Boards• Electoral Boards

– Central player in the Virginia electoral system– Conduct the elections, including absentee and

provisional ballots• Code goes into great detail as to what this entails

– Must provide info to SBE – Must follow SBE policies– Very passionate folks on all sides

• FOIA – must follow strictly – you are being watched– Appoint GR

• Conduct annual review of GR• Determine number of assistant registrars

– Appoint Officers of Election• Train the officers

General Registrars• Role of GR

– Maintain voter registration records• Code goes into great detail as to what this entails• GR handbook prepared by SBE very helpful

– Verify pollbooks– Attend annual training– Must follow SBE regs and provide info to SBE– Maintain an office and places for registration

• Annual budget– Assist EB in conduct of the election

• Including verifying voter registration, absentee and provisional ballots

– Special rules for UOCAVA voters in terms of duration and means of registration

Some recent lessons• If things go wrong

– Ask for help• SBE ready to answer questions • There are no dumb questions and the sooner the

better• OAG represents SBE, not EBs or GRs

– Don’t invent procedures– Official opinion

• Secretary of EB– Can call first for informal opinion

The Code Controls

• When things go really wrong– 24.2-103 C –

• Removal of EB or petition EB to remove GR• SBE can petition a circuit court or Supreme

Court for mandamus and prohibition

– 24.2-104• Two methods of investigation

There Are Consequences

• If things go worse or deliberate acts– 24.2-230 et seq. – Removal– 24.2-1000 - Bribery– 24.2-1001 – Willful neglect, corrupt

conduct– 24.2-1017 – Catch all

Thank you

• Although we are counsel to SBE, we are always happy to talk to try to help the process– jlief@oag.state.va.us– 804-786-3344