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State Board of Elections adopts campaign-finance penalty appeals process required by 2025 law
Summary
The State Board of Elections approved procedures and a petition form to implement the 2025 law creating appeals of campaign-finance penalties to the board; appeals must be filed within 60 days and the board must issue a draft written opinion within 21 days of a hearing.
The Virginia State Board of Elections on May meeting approved procedures and a petition form to implement the 2025 General Assembly law allowing campaign-finance penalty appeals to the board.
The change implements Senate Bill 945, acts of assembly chapter 360 (2025), which requires the board to adopt hearing procedures and a petition form. The board approved the procedures and form to be effective July 1, 2025.
Steve, Department of Elections staff, told the board that the statute lets the board grant relief if a petitioner shows either ‘‘circumstances that existed within a reasonable time of the deadline that made it impossible or impractical for them to either file or request an extension,’’ or an ‘‘administrative error that led to the penalty being wrongfully issued.’’ He said appeals must be filed within 60 days of receipt of the penalty and that the Department of Elections (Elect) will prepare information for the board ahead of the hearing. "The bill then requires that a draft or a written opinion be issued," he said, adding that the draft opinion must be issued within 21 days of the hearing and will be posted on the board's website.
Board members sought and received two clarifications. A board member identified as Matthew asked whether the board's decision would be final; Steve replied, "Yep. That's correct," confirming the State Board of Elections' decision under the statute is not further appealable. Matthew also asked whether the written opinions could be relied upon by campaigns; Steve said the opinions will be public and available on the website.
The board voted unanimously to approve the procedures and petition form. Chairman O'Bannon, Vice Chair Danz, Mister Weinstein, Doctor Stolle and Secretary Elvis Long all voted aye.
The approved form will be used to create an online filing option for the campaign finance team and the department's IT staff.
The motion approving the procedures did not identify a mover or seconder in the transcript; the board recorded a roll-call vote approving the item.
