The R Street Institute urged Virginia Governor Abigail Spanberger on March 16 to sign House Bill 78, which would make the certification of elections a non-discretionary ministerial duty and establish enforcement measures for officials who fail to comply.
The letter from Dr. Jonathan Madison, governance fellow at the R Street Institute, highlights concerns about the integrity and reliability of election certification in Virginia. The bill aims to clarify the legal obligations of election officials and align state practices with those already adopted by other states and the federal government.
Madison said, “Certification is an inappropriate venue to contest election results and should be nothing more than the concluding step of election administration. Contesting election results at this stage in the process generates significant confusion and subverts the trust of voters in our electoral system.” He also noted that recent years have seen increased scrutiny over this process, including instances where officials delayed or refused certification prior to Virginia’s 2024 general election.
According to Madison, HB 78 would strengthen trust in elections by providing clear directives for what is permissible during certification. He wrote that “the absence from Virginia law of a clear directive around certification leaves the door open to potential manipulation or refusal to certify an election,” adding that HB 78 would correct this limitation by requiring officials to certify outcomes based on established vote counts.
The proposal seeks to confine challenges regarding election results to appropriate venues such as recounts, audits, or legal proceedings rather than during certification itself. Madison concluded his letter by urging Governor Spanberger to sign HB 78 into law, stating it will enhance confidence in Virginia’s electoral process.
