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Virginia > Title 24.2 Elections > General Provisions And Administration Article 3: Local Electoral Boards

§ 24.2-109 Appointment and removal of general registrar and officers of election; powers and duties in general

Overview of Statute

This section details how county and city electoral boards appoint general registrars and officers of election, and also describes the process for removing general registrars or election officers.

Statute

A. Each electoral board shall appoint the general registrar for its city or county and officers of election for each precinct who shall serve in all elections, including town elections, as provided in this chapter. The secretary of the electoral board shall promptly notify each appointee of his appointment.

The electoral board by a recorded majority vote may remove from office, on notice, any general registrar or officer of election who fails to discharge the duties of his office according to law.

The electoral board shall remove from office, on notice, any general registrar who fails to receive or maintain certification as required by the State Board pursuant to subsection C of § 24.2-103.

B. The electoral board shall perform the duties assigned by this title including, but not limited to, the preparation of ballots, the administration of absentee ballot provisions, the conduct of the election, and the ascertaining of the results of the election.

Code 1950, §§ 24-30, 24-35, 24-36, 24-52, 24-52.1, 24-55, 24-61, 24-65, 24-66, 24-118.1, 24-199; 1954, c. 691; 1962, c. 475; 1964, c. 608; 1968, cc. 97, 141; 1970, c. 462, §§ 24.1-32, 24.1-34, 24.1-43; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1976, c. 12; 1978, c. 778; 1980, c. 639; 1981, c. 425; 1982, cc. 290, 650; 1983, c. 511; 1984, c. 480; 1985, c. 197; 1986, c. 558; 1988, c. 528; 1989, c. 227; 1993, c. 641; 2004, cc. 27391; 2020, c. 1148.

Definition [State Board]

The State Board of Elections.

See § 24.2-101.

Definition [Electoral board]

A board appointed pursuant to § 24.2-106 to administer elections for a county or city. The electoral board of the county in which a town or the greater part of a town is located shall administer the town’s elections.

See § 24.2-101.

Definition [General Registrar]

The person appointed by the electoral board of a county or city pursuant to § 24.2-110 to be responsible for all aspects of voter registration, in addition to other duties prescribed by this title. When performing duties related to the administration of elections, the general registrar is acting in his capacity as the director of elections for the locality in which he serves.

See § 24.2-101.

Definition [Officer of election]

A person appointed by an electoral board pursuant to § 24.2-115 to serve at a polling place for any election.

See § 24.2-101.

Definition [Board]

The State Board of Elections.

See § 24.2-101.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

See § 24.2-452.

Definition [Election]

A general, primary, or special election.

See § 24.2-101.

Definition [Precinct]

The territory designated by the governing body of a county, city, or town to be served by one polling place.

See § 24.2-101.

Cases

Virginia Cases

Out-of-State Cases

Federal Cases

Case Name: McConnell v. Adams

Citation: 829 F.2d 1319

Federal Circuit Court: 4th Circuit Court

Year: 1987

Case URL: https://www.ravellaw.com/opinions/a4579de07a60c612f06e5f5cac793939

Case Summary: Holding that (1) Failing to rehire registrars based on political affiliation violated First Amendment; (2) Board members enjoyed qualified immunity when there was a question of whether an exception applied to the prohibition against political affiliation as a consideration for public employment; and (3) Board members were state officers for Eleventh Amendment purposes.

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