State Board directs legal action to seek removal of election officials in Norfolk, Franklin and Waynesboro; Radford case dismissed

The Virginia State Board of Elections voted on Jan. 15 to ask its legal staff to prepare petitions to local circuit courts seeking removal of election officials in three localities and dismissed consideration of a fourth.

The actions followed a lengthy public hearing and a closed-session review of complaints concerning the City of Norfolk, the City of Franklin, and the City of Waynesboro. The board directed preparation of petitions for removal to the Franklin Circuit Court for General Registrar Jennifer Maynard, to the Waynesboro Circuit Court for electoral board member Curtis Lilly, and to the Norfolk Circuit Court for Norfolk electoral board member Mary Anne McKay. The board voted to dismiss consideration of removal in Radford for insufficient basis. All three removal directives passed on roll-call votes (5–0).

Board chair James O'Bannon convened a multi-hour review after staff presentations and testimony from dozens of witnesses and officials from the affected localities. The board said it would have its attorneys prepare the formal petitions under Va. Code §24.2-103 so the matters can be decided by the courts.

Why it matters: Removal of registrars or electoral board members is a rare, legally consequential step. It triggers a court process that tests whether officials failed to discharge duties required by Virginia law.

What the board heard

Norfolk: Complaints alleged repeated interference with election operations, disrespectful and harassing behavior toward staff and chiefs of precincts, and procedural problems during the high-volume election on Nov. 5, 2024. Several witnesses, including poll workers and local advocates, described chaotic conditions at the Chesterfield precinct when many college students voted provisionally. Multiple speakers said provisional envelopes were not sealed consistently and expressed concern about chain-of-custody and training.

Norfolk electoral board chair Atoy Carrington told the state board she and other local board members have been the target of what she described as repeated, hostile conduct from McKay and that staff and election officers had complained. Carrington said McKay had made remarks the chair described as insulting and repeatedly created friction in the office. Carrington said the situation left election workers "complaining about how she talks down to them" and urged state action.

Norfolk's general registrar, Stephanie Isles, described the situation in the office as "toxic" and said authorized observers and some poll watchers had harassed election officers, particularly at precincts serving communities of color. Isles told the state board she had been pulled away from time-sensitive duties and that the dispute had harmed morale. Isles said, "This is a cancer. And you need to take the scalpel and you need to cut it out."

Supporters of McKay, including several long-time local poll workers and residents, testified that McKay had helped improve trainings and election oversight. Mike Ziegenfuss, Norfolk electoral board secretary, told the state board he believed local officials "have done what needs to be done to run fair and legal elections." The chair of the Norfolk Republican Party also filed a removal request that became part of the record.

Franklin: The Franklin electoral board members testified that Registrar Jennifer Maynard failed to follow a corrective-action plan and at times was absent without consistent communication. The local board said it had to rely on Department of Elections staff assistance during the election and asked the state board to seek court removal to restore local operations and ensure continuity. Franklin electoral board chair Proley Banks said the board struggled with unpaid invoices and operational lapses and that outside assistance from department staff was "invaluable."

Waynesboro: Curtis Lilly, who appeared with counsel, said he had raised court challenges to the process of tabulation that left him unable to verify counts to his satisfaction; he apologized for any ill will and said he would comply with court orders. The state board directed its counsel to prepare a petition seeking removal for failure to discharge duties.

Radford: Electors and the Radford electoral board provided testimony and documents about provisional-ballot handling and processes. After reviewing the record, the state board voted to dismiss consideration of removal for Radford, finding an insufficient basis to pursue state-board action.

Formal actions and votes

- Franklin removal petition: motion to direct legal counsel to prepare petition to Franklin Circuit Court for removal of General Registrar Jennifer Maynard under Va. Code §24.2-103; roll-call vote: O'Bannon Aye; Vice Chair Danz Aye; Delegate Marix Aye; Mr. Weinstein Aye; Secretary Elvis Long Aye. Outcome: approved (5–0). - Waynesboro removal petition: motion to direct legal counsel to prepare petition to Waynesboro Circuit Court for removal of Curtis Lilly under Va. Code §24.2-103; roll-call vote: unanimous (5–0). Outcome: approved. - Norfolk removal petition: motion to direct legal counsel to prepare petition to Norfolk Circuit Court for removal of Mary Anne McKay under Va. Code §24.2-103; roll-call vote: unanimous (5–0). Outcome: approved. - Radford: motion to dismiss consideration of removal due to insufficient basis; roll-call vote: unanimous (5–0). Outcome: dismissed.

What happens next: The state board will have its legal office prepare and file petitions in the respective circuit courts. The court process—not the state board—will determine whether removal is warranted, and those proceedings provide the registrars or board members the opportunity to respond and present evidence.

Context and procedural note: Board members repeatedly reminded participants that the state board's action is an initial step that refers matters to the judiciary; removal is a court remedy. The board's staff and counsel noted that the statutory route for removal requires court involvement and due process.

Ending

Board chair O'Bannon thanked participants for their testimony and said the state board's role was to follow the law and the record. The board asked department counsel to prepare the petitions and signaled that the matters will move into the circuit courts for adjudication.