R Street Testimony in Support of VA HB 75, Certification of Elections
Testimony from:
Dr. Jonathan Madison, Governance Fellow, R Street Institute
In SUPPORT of House Bill 78, “Elections administration; duties of local electoral boards; certification of election; etc.”
February 24, 2026
Senate Privileges and Elections Committee
Chairman Rouse 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 free markets and limited, effective government in many areas, including election administration. This is why we have an interest in House Bill 78.
HB 78 will codify certification as a non-discretionary ministerial duty, and establish a civil penalty and methods for enforcement. Virginia would join multiple states, as well as the federal government, in enshrining this critical step into statute.[1]
At the R Street Institute, we believe that ensuring the integrity and reliability of our elections is fundamental to the democratic process. 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.[4]
This proposal will make election administration more efficient and trustworthy while confining challenges to election results to the appropriate venue for recounts, audits, and legal challenges. Election administrators lack the necessary infrastructure and authority to investigate and make determinations about election irregularities.
The absence from Virginia law of a clear directive around certification leaves the door open to potential manipulation or refusal to certify an election. HB 78 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 the election system and results while providing clear directives to election officials regarding what is and is not permissible related to election certification. For these reasons, we encourage favorable consideration and passage of HB 78.
Thank you,
Dr. Jonathan Madison
Governance Fellow
R Street Institute
385-500-7537
jmadison@rstreet.org
[1] Jonathan Madison, Election Certification: What It Is (and Is Not) (R Street Institute, 2026), https://www.rstreet.org/commentary/election-certification-what-it-is-and-is-not/.
[2] Jonathan Madison, Election Certification: What It Is (and Is Not) (R Street Institute, 2026), https://www.rstreet.org/commentary/election-certification-what-it-is-and-is-not/.
[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] Nicholas Riccardi and Joey Cappelletti, “Early Controversies over Election Certification in Battleground States Raise Concerns about Presidential Race,” Politics, PBS News, June 6, 2024, https://www.pbs.org/newshour/politics/early-controversies-over-election-certification-in-battleground-states-raise-concerns-about-presidential-race.