Virginia State Board of Elections

The State Board of Elections (SBE) was created in 1946 as a bipartisan agency responsible for ensuring uniformity, fairness, accuracy and purity in all elections in the Commonwealth of Virginia. The agency promotes the proper administration of election laws, campaign finance disclosure compliance, and voter registration processes in Virginia by promulgating rules, regulations, issuing instructions, and providing information to local electoral boards and general registrars. In addition, the agency maintains a centralized database of statewide voter registration and election related data.

The SBE is a three-member body consisting of a chair, vice-chair, and secretary, that manages the electoral process and investigates and adjudicates disputes and campaign law violations. Per the Code of Virginia, "Two Board members shall be of the political party which cast the highest number of votes for Governor at that election." The Board has power to promulgate rules to initiate Circuit Court proceedings for the removal of county and city electoral board members. It can call on the Attorney General of Virginia to initiate investigations. It also certifies independent and third-party candidates for the ballot, after sending their Petitions of Qualified Voters (nominating petitions) to local registrars for signature counting. The Board has power to prescribe such forms. It posts lists of candidates on the Internet.

Virginia has one of the most restrictive set of ballot access laws in the United States. According to the Code of Virginia subsection 24.2-101, without "major party" status for automatic ballot access in Virginia, minor party and independent candidates have to gather petition signatures to get on the ballot. For example, the requirement for statewide elections is 10,000 signatures, including at least 400 from each of Virginia's 11 congressional districts. In order for a minor party to gain automatic ballot access as a major party, one of its nominated candidates must receive 10% of the vote in a statewide race. To obtain the signatures necessary to receive statewide ballot access in Virginia, it has been quoted to cost between $45,000 to $90,000 or up to $100,000.

The Virginia State Board of Elections has been sued on numerous occasions.

In July 2014, The Rutherford Institute supported the Libertarian Party of Virginia and alleged Virginia ballot laws favored "the election chances of Democrat and Republican candidates at the expense of Libertarian Party and independent candidates."

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