Testimony from:

Dr. Jonathan Madison, Governance Fellow, R Street Institute

Testimony in Support of VA HB 2277, “Elections administration; duties of local electoral board certification of election, civil penalty.”

January 31st, 2025

Virginia House Privileges and Elections Committee

Chairwoman Price and members of the committee:

My name is Dr. Jonathan Madison, and I am a governance fellow at the R Street Institute, a nonprofit, nonpartisan public policy research organization. Our mission is to engage in policy analysis and outreach to promote limited and effective government in many areas, including election administration. This is why we have an interest in House Bill 2277.

At the R Street Institute, we believe that ensuring the integrity and reliability of our elections is fundamental to the democratic process.[1] In recent years, this mundane but vital process of election certification has come under increased scrutiny, with instances where officials have sought to delay or refuse certification.[2] Some contention arose around certification prior to the 2024 general election in Virginia as well.[3] 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.

HB 2277 will codify certification as a non-discretionary ministerial duty, thereby joining states like Michigan and Arizona as well as the federal government in enshrining this critical step into statute.[4] 

This proposal will make election administration more efficient and trustworthy while confining challenges to election results to the more appropriate venue for recounts, audits, and legal challenges.

Currently, Virginia law lacks explicit statutory requirements directing election officials to certify results in accordance with legally cast and counted votes. The absence of this clear directive leaves the door open to potential manipulation or refusal to certify an election. HB 2277 corrects this limitation by delineating the legal obligation that election officials must certify election outcomes per established vote counts. This aligns Virginia with best practices in election administration, ensuring that officials fulfill their duties. By removing ambiguity, the bill makes the process clear for election administrators while enhancing confidence in the electoral process.

This proposal will strengthen trust in our election system, and provide clear directives to election officials regarding what is and is not permissible related to election certification. It is vital for all states to ensure proper administration of elections at a time when trust in elections is low.[5] For these reasons, we encourage favorable consideration and passage of HB 2277.

Thank you for your time,

Dr. Jonathan Madison

Governance Fellow

R Street Institute

385-500-7537

Jmadison@rstreet.org


[1] Jonathan Bydlak & Matt Germer, “A Republic, If You Can Keep It: The Pressing Need for Electoral Reform,” R Street Explainer, June 9, 2022. https://www.rstreet.org/research/a-republic-if-you-can-keep-it-the-pressing-need-for-electoral-reform.

[2] Emily Rodriguez et al., “Election Certification Is Not Optional,” Protect Democracy, March 2024. https://protectdemocracy.org/wp-content/uploads/2024/03/PD_County-Cert-WP_v03.1.pdf.

[3] Markus Schmidt, “Waynesboro GOP Officials Sue over Va.’s Voting System, Threaten to Block Election Certification,” Virginia Mercury, October 15, 2024, https://virginiamercury.com/2024/10/15/waynesboro-gop-officials-sue-over-va-s-voting-system-threaten-to-block-election-certification/.

[4] Brennan Center for Justice et al., “Election Certification Processes and Guardrails,” September 18, 2024, https://www.brennancenter.org/our-work/research-reports/election-certification-processes-and-guardrails.; Joe Allen, “Understanding the Electoral Count Reform Act of 2022,” Protect Democracy, September 18, 2024, https://protectdemocracy.org/work/understanding-the-electoral-count-reform-act-of-2022/.

[5] Lydia Saad, “Partisan Split on Election Integrity Gets Even Wider,” Gallup, September 25, 2024. https://news.gallup.com/poll/651185/partisan-split-election-integrity-gets-even-wider.aspx.