Introduction

Center for Election Confidence, Inc. (“CEC”) is a non-profit organization based in Arlington that promotes ethics, integrity, and professionalism in the electoral process. CEC works to ensure that all citizens can vote freely within an election system of reasonable procedures that promote election integrity, prevent vote dilution and disenfranchisement, and instill public confidence in election systems and outcomes. 

CEC submits these comments concerning 1 Va. Admin. Code 20-60 [hereinafter VAC] to the Virginia State Board of Elections in response to the periodic review of this regulation required by Va. Code Ann. §§ 2.2-4007 and           -4017.1, 1 VAC 20-10-120, and Executive Order 19 (2022).

CEC’s interest in this periodic review relates directly to its purpose of “advancing the role of ethics, integrity, and legal professionalism in the electoral process, including safeguarding the right of eligible voters to vote” by undertaking efforts that “increas[e] confidence in election results and election systems”.[1]

Material Omissions

1 VAC 20-60 contains two “material omissions” sections, at secs. 20 (referendum petitions and petition signature qualifications) and 90 (officer removal petitions and petition signature qualifications), creating the possibility or likelihood that these two, related sections may be interpreted differently or may develop differently, both on an inadvertent basis. Further, the existence of two parallel sections for related purposes creates confusion for the public and makes interpreting the requirements of 1 VAC 20-60 all the more difficult. CEC urges the State Board to consider consolidating these and all material omissions sections to ensure uniformity, understandability, and transparency.

Photographs of Results Tapes, Security Seals, etc., Before and After Close of Polls

In the interest of transparency and voters’ confidence in the Commonwealth’s elections, CEC urges the State Board to amend 1 VAC 20-60-30 and any other applicable rule or regulation to permit any person authorized to be present in a polling place to capture photographs or other recordings of results tapes, security seals, and other important papers and equipment, before and after the close of polls, so long as such capture would not reasonably violate the privacy of the ballot of any voter or would not reasonably disturb the peace or meaningfully impact the administration of the election at that location. 

Current sec. 30 references as its authority to prevent “representatives of candidates and political parties authorized to observe the election” from “taking photos or videos within the polling place” Va. Code Ann. § 24.2-103, which lists the general authorities of the State Board of Elections to “supervise and coordinate the work of the county and city electoral boards and of the registrars to obtain uniformity in their practices and proceedings and legality and purity in all elections”, noting that the State Board’s “supervision shall ensure that major risks to election integrity are (i) identified and assessed and (ii) addressed as necessary to promote election uniformity, legality, and purity.” This justification of authority does not rest solidly on the text of the underlying statute and should be re-considered.

Allowing all persons otherwise authorized to be within a polling location to capture photographs or other records of otherwise public information contained on results tapes, security seals, and/or other important papers and equipment does not pose a “major risk to election integrity”; on the contrary, permitting such captures in fact bolsters election integrity and voters’ confidence in elections by broadening the transparency of the election and offering third-party validation of officially reported information. Indeed, such reform could be imposed in a “uniform[], legal[], and pur[e]” manner so as to promote harmony and equality in the practices of the various electoral boards.

CEC urges the State Board to adopt such reforms to 1 VAC 20-60-30 and other applicable rules and regulations in order to promote transparency in election administration and voters’ confidence in the Commonwealth’s elections.

Codify Informal Guidance Concerning Timely Availability of Provisional Ballot Logs

CEC encourages the State Board to revise 1 VAC 20-60-60 to codify the currently informal guidance concerning the timely availability of provisional ballot logs.[2] The uniform availability of such information is an important transparency reform that, with this certainty, not only promotes voters’ confidence in elections (i.e., the knowledge of what information will be available and when helps to create predictability and trust) but also helps the State Board to meet the requirements of Va. Code Ann. § 24.2-103 to “supervise and coordinate the work of the county and city electoral boards and of the registrars to obtain uniformity in their practices and proceedings and legality and purity in all elections”. Without formalization of current guidance into regulation, each electoral board stands alone.

Formalize Rules Regarding Observation of the “Post-Election Precinct”

Current guidance concerning the observation of the “post-election precinct” that handles late-arriving ballots should be codified with an eye toward ensuring the greatest transparency possible and meaningful public observation of the process. The uniform ability to observe such activity is an important transparency protection that not only promotes voters’ confidence in elections (i.e., through third-party validation of public information) but also helps the State Board to meet the requirements of Va. Code Ann. § 24.2-103 to “supervise and coordinate the work of the county and city electoral boards and of the registrars to obtain uniformity in their practices and proceedings and legality and purity in all elections”. Without formalization of current guidance into regulation, each electoral board stands alone.

Update Statutory References

To the extent that existing regulations contain outdated references to previous versions of the Virginia Code, CEC urges the State Board to update such regulations to provide for accurate and up-to-date citations and to review such references specifically for accuracy during each periodic review.

Complete Other Required Rulemakings

Various sections in Title 24.2 of Va. Code Ann. require the State Board to promulgate regulations, but the State Board has failed to do so. To the extent such regulations would be codified in Chapter 60, Agency 20, Title 1 of the Virginia Administrative Code, CEC urges the State Board to undertake such rulemakings.

Conclusion

The Center for Election Confidence urges the State Board to take the necessary steps to implement the proposals contained in this Comment for the benefit of Virginia voters’ confidence in the Commonwealth’s elections.

                                                                        Respectfully submitted this 31st day of December 2025,

                                                                        /s/ Caleb J. Hays

                                                                        Chief Policy Counsel

                                                                        Center for Election Confidence, Inc.