Virginia Executive Order 13: Ensuring Secure, Accurate, and Fair Elections

NUMBER 13 (2026)

ENSURING SECURE, ACCURATE, AND FAIR ELECTIONS By virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and under the laws of the Commonwealth, including, but not limited to, §§ 2.2-103 and 24.2-404 of the Code of Virginia, I hereby reaffirm Virginia’s comprehensive approach to ensuring the integrity of our elections free from outside interference while ensuring that every eligible voter in the Commonwealth can register and cast their ballot without fear of being removed from the voter rolls, and thereby denied the right to vote, based on inaccurate information. Importance of the Issue The sanctity of accurate, fair, open, and secure elections is core to our identity as Americans and Virginians. Virginia must lead the way by continuing to improve its election security processes to ensure all Virginia voters are able to successfully register to vote and cast their ballots. Virginia’s election administrators must have access to the best information. The nonprofit, nonpartisan Electronic Registration Information Center (“ERIC”) is a valuable tool to accurately maintain Virginia’s voter rolls. ERIC currently has twenty-six (26) member states. These member states share information that helps ensure that only voters who are eligible to vote can vote. Virginia was one of the founding members of ERIC when former Governor Bob McDonnell joined in 2012. When Virginia withdrew from ERIC in May 2023, it became more difficult for Virginia’s election administrators to obtain information to help maintain Virginia’s voter rolls and otherwise engage in routine voter list maintenance (e.g., identifying voters who moved from Virginia to another state). Rejoining ERIC will provide Virginia election administrators with access to more accurate information, improving election integrity in Virginia.

Virginia currently relies on a transparent and robust voting process, including:

• 100% paper ballots which provide a physical record of the voter’s intent;
• Use of paper ballot counting machines;
• Strict chain of custody for ballots with daily reconciliation during early voting;
• Applications to receive a mail ballot;
• Counting machines tested prior to every election;
• Counting machines not connected to the internet; and
• Ballot drop boxes are subject to 24/7 monitoring. Maintaining these time-tested processes is an important part of ensuring fair elections in Virginia. Close coordination among state agencies further ensures that Virginia’s voter lists are accurate and properly maintained. Over ninety percent of voters in Virginia submit electronic registration applications online through the Department of Elections, which requires a valid Department of Motor Vehicles credential, or submit registration applications when conducting transactions directly with the Department of Motor Vehicles. The Department of Motor Vehicles shares information daily with the Department of Elections to ensure the continued accuracy of our voter lists. Continuing and improving voter registration processes as well as interagency cooperation is critical to ensuring accurate, fair, open, and secure elections in Virginia where every eligible voter is able to cast their ballot without interference. Directives Pursuant to the authority vested in me as the Chief Executive Officer of the Commonwealth and pursuant to Article V of the Constitution of Virginia, I hereby direct that: Certification of Election Security Procedures (Restating Executive Order 35 (2024)) The Commissioner of the Department of Elections shall certify annually in writing to the Office of the Governor that the following election security procedures are in place, including the training of general registrars regarding these critical procedures, and that the Commonwealth’s system of checks and balances to maintain secure elections is functioning optimally.

1. Ballot Security

2. There is a documented chain of custody for paper ballots with daily
   reconciliation during early voting.Ballots are tracked through every step of the process.

3. In precincts on election day and during early voting, ballots cast are reconciled
   against the number of voters checked in and number of ballots distributed to voters.

4. Absentee ballots must be requested by a registered voter before being mailed.

5. Marked absentee ballots may not be counted until the last four digits of a voter’s
   social security number and year of birth provided on the envelope are matched to the voter’s record in the statewide voter registration system.

6. Use of provisional ballots for the Same Day Registration process, which requires
   that these ballots not be counted in the precinct but go back to the registrar’s office for determination of eligibility and adjudication by the Electoral Board.

7. 100% paper ballots are used in Virginia and are retained by clerks of court for 24
   months in federal elections and 12 months in state and local elections.

8. Counting Machine Testing and Certification

9. Virginia uses only paper ballot counting machines.

10. No ballot counting machines are connected to the internet.

11. All counting machines are certified to applicable state and federal standards.

12. All equipment utilized in the voting and counting process, like electronic
    pollbooks, is tested before use in a polling place for every election.

13. Election Result Accuracy

14. Officers of election check election results at the precinct level on election night.

15. Electoral Boards check elections results at the locality level in the post-election
    canvass, and post-election canvass processes specified in the Code of Virginia were fully adhered to, including confirming that the number of ballots received corresponds to the number of ballots distributed.

16. Department of Elections staff check elections results at the state level through
    results review and audits prior to certification.

17. Review all possible cases of illegal voting identified in the Voter Participation
    Report offered by ERIC and information provided under agreements with other states after each federal general election.

Accuracy and Integrity of Voter Lists (Enhancing Executive Order 35 (2024)) The Commissioner shall annually certify to the Office of the Governor that:

1. Not later than 90 days prior to the date of a federal primary or general election, any
   program for which the purpose is to systematically remove the names of ineligible voters from the voter registration system based on evidence of ineligibility—including evidence of lack of eligible residence or evidence of non-citizenship—has been completed. For purposes of this Executive Order, a program is systematic if voters are identified and placed into a process for potential removal based on a computerized data-matching process or any other non-individualized review of the voter registration records, including any program based on a third-party submission that relies on a systematic review of voters. This certification requirement does not preclude:

2. the removal of names from the voter registration system at the request of the
   registrant or by reason of criminal conviction, mental incapacity, or the death of the registrant if the triggering event occurred within 120 days of the election; or

3. the correction of details, such as name and address, in a voter’s registration record
   that does not result in the removal of a voter from the voter registration system.

4. All four “list maintenance” reports provided by ERIC—Cross-State Movers Report, In-
   State Movers Report, Duplicate Report, and Deceased Report—are being used to maintain the accuracy of Virginia’s voter lists, as well as all other available reports and information provided under agreements with other States.

5. Information is received daily from the Department of Motor Vehicles as well as other
   participating state agencies and required list maintenance actions are taken in compliance state and federal law regarding:

6. New eligible voters;

7. Voters who have moved in accordance with federal and state law;

8. Deceased voters; and

9. Ineligible voters (i.e., felons, non-citizens, or mentally incapacitated).
   The Commissioner of the Department of Motor Vehicles shall annually certify to the Office of the Governor that:

10. Data is shared with the Department of Elections on a daily basis regarding new eligible
    voters; updates to existing voter registrations; voters who have moved in accordance with federal and state law; and ineligible voters.

11. When issuing a credential such as a driver’s license, the Department verifies the
    applicant’s proof of identity and legal status with the Department of Homeland Security 4

Systematic Alien Verification for Entitlements (“SAVE”) database and the Social Security Administration database.

1. Public forms are available translated into all languages required under the Virginia Voting Rights Act in that jurisdiction.

The Commissioner of the Department of Motor Vehicles shall update and maintain all relevant questionnaires presented to eligible Virginia voters during Department of Motor Vehicles transactions to efficiently obtain the information that is required by law for the Department of Elections to ensure the accuracy and integrity of Virginia’s voter lists.

Awareness Campaign for Election Security (Enhancing Executive Order 35 (2024)) The Department of Elections shall encourage and provide information to all general registrars to post or provide to voters directly regarding election-related offenses and their punishments (Title 24.2, Chapter 10 of the Code of Virginia), including:

• § 24.2-1000. Intimidation and threats toward election officials; penalty.
• § 24.2-1002.1. Unlawful disclosure or use of social security number or part thereof.
• § 24.2-1004. Illegal voting and registrations.
• § 24.2-1005. Intimidation of voters.
• § 24.2-1005.2. Interference with voting.
• § 24.2-1007. Soliciting or accepting bribe to influence or procure vote.

• § 24.2-1009. Stealing or tampering with ballot containers, voting or registration
  equipment, software, records or documents.

• § 24.2-1016. False statements; penalties.
  All state agencies that register individuals to vote shall post this information in a conspicuous place or provide it to applicants directly. Rejoining the Electronic Registration Information Center and Assessing Federal Partnerships (Improving Executive Order 53 (2025)) The Commissioner of the Department of Elections shall certify in writing to the Office of the Governor within 30 days of this Executive Order that Virginia has started the process to rejoin ERIC. The Commissioner of the Department of Elections shall review all ongoing partnerships with the United States Department of Homeland Security and the United States Election Assistance Commission to ensure any data sharing is conducted in full compliance with Virginia law and whether future data sharing is necessary or appropriate after Virginia rejoins ERIC.

Effective Date of the Executive Order This Executive Order restates and replaces Executive Order 35 (2024) and Executive Order 53 (2025). This Executive Order shall become effective upon its signing and shall remain in full force and effect until amended or rescinded by further executive order. Given under my hand and under the Seal of the Commonwealth of Virginia this 24th day of March 2026.

Attest:

6 Abigail D. Spanberger, Governor Candi Mundon King, Secretary of the Commonwealth