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State Board adopts policy to implement ban on personal use of campaign funds
Summary
The Virginia State Board of Elections adopted SB Policy SP 26-002 to implement House Bill 2165's prohibition on personal use of campaign funds, establishing complaint, hearing and penalty processes and a dedicated enforcement fund; board members sought clarifications on confidentiality language, pre-election timing and frivolous-complaint protections.
The Virginia State Board of Elections voted to adopt State Board Policy SP 26-002, the board said, to implement the General Assembly's prohibition on the personal use of campaign funds enacted in House Bill 2165.
Department staff told the board the policy implements four statutory sections enacted in 2025 (codified at Va. Code provisions described in the presentation) and "defines relevant terms, shows how to file a complaint, explains notice requirements, and describes how the SPD will investigate," the presenter said. The policy also sets the process for advisory opinions, provides rules for public hearings and establishes the "prohibited personal use enforcement fund" into which civil penalties will be deposited.
Board members asked several procedural questions before the vote. One member asked how the new policy differs from previous hearing practice; staff said the document was drafted to be uniform with existing board procedures while filling gaps left by the new statutory language. Another member asked how policy fits into the hierarchy of law, and staff replied that the policy fills procedural gaps left by statute and complements recently adopted regulations.
Members raised specific drafting concerns. One question highlighted a sentence in the complaints section that referred to a sworn confidentiality statement for "10 days preceding the complaint submission," asking whether the text should instead say "following" the complaint; staff agreed to review and correct the language if necessary. Members also asked whether the statute provides a pre-election blackout period or any civil penalty for frivolous filers; staff said the statute does not create a blackout period and does not authorize a monetary penalty for frivolous complaints beyond dismissal, and offered to research whether additional procedural safeguards would be appropriate.
The board moved to adopt SP 26-002 and the secretary called the roll for a recorded vote. The motion carried and the board formally adopted the new policy as presented.
What happens next: staff will publish the adopted policy and the department said it will continue to refine hearing procedures and guidance to give board members clearer findings and relief options when complaints reach the board. The department also said it will review the cited confidentiality wording and other drafting questions raised during the discussion.
