Select Page

Virginia has taken another step forward in election transparency with the issuance of executive order 35 by Governor Youngkin.

the requirements in this order check many election integrity boxes and represent a commitment to ensuring safe and secure elections where every vote counts.

This executive order mandates that the department of elections shall certify that the following requirements are met by the Department of Elections:

  1. Ballot Security:
    • There is a documented chain of custody for paper ballots with daily reconciliation during early voting.
    • Ballots are tracked through every step of the process.
    • In precincts on election day and during early voting, ballots cast are reconciled against the number of voters checked in and number of ballots distributed to voters.
    • Absentee ballots must be requested by a registered voter before being mailed.
    • Marked absentee ballots may not be counted until the last four digits of a voter’s social security number and year of birth provided on the envelope are matched to the voter’s record in the statewide voter registration system.
    • Use of provisional ballots for the Same Day Registration process, which requires that these ballots are not counted in the precinct but go back to the registrar’s office for determination of eligibility and adjudication by the Electoral Board.
    • 100% paper ballots are used in Virginia and are retained by clerks of court for 22 months.
  2. Counting Machine Testing and Certification
    • Virginia does not use “voting machines” just paper ballot counting machines.
    • No ballot counting machines are connected to the internet.
    • All counting machines are certified to state and federal standards.
    • Every piece of equipment utilized in the voting and counting process, such as electronic pollbooks, is tested before use in a polling place.
  3. Triple-Check of Election Result Accuracy
    • Officers of election check election results at the precinct level on election night.
    • Electoral Boards check elections results at the locality level in the post-election canvass.
    • Department of Elections staff check elections results at the state level through results review and audits prior to certification.
  4. Daily Updates to the Voter List to:
    • Add new eligible voters.
    • Remove voters who have moved in accordance with federal and state law.
    • Remove deceased voters.
    • Remove ineligible voters, including felons and mentally incapacitated.
    • Remove individuals who are unable to verify that they are citizens to the Department of Motor Vehicles from the statewide voter registration list, should that individual either intentionally or unintentionally attempt to register to vote, in accordance with federal and state law.
    • The Department of Elections compares the list of individuals who have been identified as non-citizens to the list of existing registered voters and then registrars notify any matches of their pending cancellation unless they affirm their citizenship within 14 days.
  5. When issuing a credential such as a driver’s license, OM V verifies applicants’ proof of identity and legal status with the Department Homeland Security Systematic Alien Verification for Entitlements (SAVE) database and the Social Security Administration database.

The Department of Motor Vehicles shall expedite the interagency data sharing with the Department of Elections of non-citizens by generating a daily file of all non-citizens transactions, including addresses and document numbers. In accordance with the Code of Virginia§ 24.2-429, all registrars are required to cancel the registrations of non-citizens who have registered to vote in a local, state, or federal election by falsely claiming that they are a citizen, including the forging of documentation or any other means of improper registration. Code of Virginia § 24.2-1019 additionally requires said registrars to immediately notify the Commonwealth’s Attorney for their jurisdiction of this alleged unlawful conduct. Additionally, the Office of the Attorney General has full authority to enforce election laws pursuant to Code of Virginia§ 24.2-104.

Read the Governors post about this executive order here.

EO-35-Comprehensive-Election-Security-Ensuring-Legal-Voters-and-Accurate-Counting—vF—8.7.24