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2010 SESSION

10103468D
SENATE BILL NO. 463
Offered January 13, 2010
Prefiled January 13, 2010
A BILL to authorize the State Board of Elections to reschedule the June 14, 2011, primary for certain offices.
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Patron-- Howell
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Referred to Committee on Privileges and Elections
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Be it enacted by the General Assembly of Virginia:

1.  § 1. The provisions of this act shall apply to the November 8, 2011, elections for members of the Senate and House of Delegates of Virginia, for constitutional officers, and for local government and school board officers scheduled to be elected on November 8, 2011.

§ 2. The State Board of Elections shall be authorized to reschedule the June 14, 2011, primary date for these offices to any Tuesday after June 14, 2011, and not later than September 13, 2011, if it appears that the necessary 2011 reapportionment or redistricting will not be completed and preclearance from the appropriate United States authority under § 5 of the United States Voting Rights Act of 1965 will not be received in time for those primaries to be held on June 14, 2011.

§ 3. The new primary date set by the State Board of Elections shall not be less than 30 days after the Board votes, in open meeting, to set such new date. The State Board of Elections may vote, no later than May 13, 2011, to postpone the June 14, 2011, primary for these offices without deciding a new date. Any meeting called for the purpose of postponing the primary date or setting a new primary date may not be called with less than seven days' notice to the public and the interested parties. The State Board of Elections shall, at the same time that it sets the new primary date, approve a revised schedule of filing dates for such primary and specify which previously filed documents shall continue to be acceptable despite their referencing the June 14, 2011, primary date.

§ 4. If the primary is held later than August 1, 2011, ballots for the November 2011 election shall be printed on or before Friday, October 7, 2011, or as soon thereafter as practicable, notwithstanding § 24.2-612 of the Code of Virginia.

2.  That the provisions of this act shall expire on January 1, 2012.