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Board says it cannot certify April 21 special election while injunction remains

Virginia State Board of Elections · May 8, 2026
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Summary

Department staff told the Virginia State Board of Elections that an injunction prevents the board from certifying the April 21 special election; the matter is pending before the Virginia Supreme Court and the board will act if and when the court issues a final order.

The Virginia State Board of Elections was told on May 1 that it is barred from certifying the results of the April 21 special election while an injunction remains in effect and related litigation is pending before the Virginia Supreme Court.

"The state board of elections is currently under an injunction that prohibits certification of the results of the election," Mitch McCas said in his commissioner report, and he said the matter is before the Virginia Supreme Court. McCas urged the board that when a final order is issued the board will reconvene as soon as feasible to act on certification.

McCas said localities aside from Tazewell County have certified their local results and thanked general registrars, electoral boards and thousands of officers of election for administering the contest amid court developments. He described it as a special election with turnout comparable to the 2025 general election in many places and praised staff and registrars for their resilience.

The board took no certification action at the meeting because of the injunction; staff and the board said they would follow any direction issued by the court and convene for certification if permitted.