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2013 SESSION

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Senate Committee on Privileges and Elections

Chairman: Mark D. Obenshain

Clerk: Maribeth Turner, Jocelyn Lance
Staff: M. Spain, D. Cotter, J. Austin
Date of Meeting: January 22, 2013
Time and Place: Tuesday, 4:00 PM, Senate Room A, General Assembly Building

S.B. 690 Presidential elections and primaries; petition requirements.

Patron: Black

Presidential elections and primaries; petition requirements. Reduces the number of signatures required for groups other than the major parties to gain access to the presidential election ballot from 10,000 to 5,000 signatures in the Commonwealth and from 400 to 200 signatures in each congressional district. The bill makes similar reductions to 5,000 and 200 in the number of signatures required for a person to qualify for a presidential primary ballot.

A BILL to amend and reenact §§ 24.2-543 and 24.2-545 of the Code of Virginia, relating to presidential elections and primaries; petition requirements.

13100089D

S.B. 719 Polling place procedures; voter identification requirements.

Patron: Black

Elections; polling place procedures; voter identification requirements. Removes several items from the list of acceptable identification documents that a voter must present when voting at the polls on election day: a copy of a current utility bill, bank statement, government check, or paycheck that shows the name and address of the voter. These documents continue to be valid identification for certain first-time voters at federal elections who are required to show identification under the Help America Vote Act of 2002.

A BILL to amend and reenact § 24.2-643 of the Code of Virginia, relating to elections; polling place procedures; voter identification requirements.

13101225D

S.B. 722 Emergency absentee ballots; ballots provided to hospitalized voters.

Patron: Carrico

Emergency absentee ballots; hospitalized voters; electoral board representative. Permits an electoral board to designate a hospital administrator to serve as its representative and to provide applications for emergency absentee ballots to hospitalized voters.

A BILL to amend and reenact § 24.2-705 of the Code of Virginia, relating to applications for emergency absentee ballots for persons incapacitated or hospitalized.

13100952D

S.B. 742 Virginia Redistricting Commission; established.

Patron: Miller

Virginia Redistricting Commission created. Establishes a five-member commission to prepare redistricting plans for the House of Delegates, state Senate, and congressional districts. Appointments to the Commission shall be made one each by the four majority and minority party leaders of the House and Senate. Those four appointees shall appoint the fifth member and chair of the Commission. If they cannot agree on the fifth member by a majority of at least three members, they shall submit the names of the two persons receiving the most votes to the Supreme Court of Virginia for the Court to select the chairman. The Commission will prepare plans and submit them as bills to the General Assembly. The General Assembly shall then proceed to act on the bills in the usual manner. The bill provides for Commission comments on plans as they change in the legislative process. The bill also spells out the standards and process to be followed by the Commission in preparing plans, including limitations on the use of political data and opportunities for public comment on the plans.

A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 24.2 an article numbered 1.1, consisting of sections numbered 24.2-301.2, 24.2-301.3, and 24.2-301.4, relating to criteria for redistricting; establishment of the Virginia Redistricting Commission.

13101449D

S.B. 793 Solicitation of election fraud; penalty.

Patron: Garrett

Solicitation of election fraud; penalty. Makes it a Class 6 felony to solicit five or fewer violations of the election law provisions governing illegal voting and illegal registration activities and a Class 5 felony to solicit more than five such violations.

A BILL to amend the Code of Virginia by adding a section numbered 24.2-1004.1, relating to solicitation of election fraud; penalty.

13100713D

S.B. 802 Electoral boards; meetings.

Patron: Garrett

Electoral boards; meetings. Provides that a telephone call between two board members in preparation for a meeting shall not constitute a meeting for Virginia Freedom of Information Act purposes if the discussion otherwise would not constitute a meeting.

A BILL to amend and reenact § 24.2-107 of the Code of Virginia, relating to electoral boards; meetings.

13101215D

S.B. 805 Elections; costs of primaries.

Patron: Garrett

Elections; costs of primaries. Provides that the state will reimburse the localities for the costs of primary elections as funded by the general appropriation act.

A BILL to amend and reenact § 24.2-518 of the Code of Virginia, relating to elections; costs of primaries.

13101210D

S.B. 806 Presidential primaries; localities shall be reimbursed by State for all costs incurred.

Patron: Garrett

Presidential primary costs. Provides that localities shall be reimbursed by the state for all costs incurred in conducting the presidential primary.

A BILL to amend and reenact § 24.2-545 of the Code of Virginia, relating to presidential primaries.

13101211D

S.B. 818 Prisoners; establish compact for control of those receiving medical care outside of Virginia.

Patron: Puckett

Compact; control of prisoners outside of Virginia. Establishes a compact with other states for control of prisoners receiving medical and other care outside of Virginia.

A BILL to amend the Code of Virginia by adding in Article 8 of Chapter 3 of Title 53.1 a section numbered 53.1-133.10, relating to compact for the control of prisoners receiving medical, dental, and psychiatric care outside of Virginia.

13100859D

S.B. 906 Vote centers; pilot program.

Patron: Deeds

Vote centers; pilot program. Authorizes the State Board of Elections to provide for a pilot program in which localities may establish vote centers for use in primary elections instead of having to operate a polling place for every precinct in the locality. A vote center will consist of a location where voters from two or more designated precincts may vote. The State Board shall publish a report on the program by August 15 of any year in which a vote center is used. The provisions of the bill expire on December 31, 2016.

A BILL to amend and reenact § 24.2-101 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-307.1, relating to vote centers; pilot program.

13101722D

S.B. 957 Electoral boards; meetings.

Patron: Obenshain

Electoral boards, meetings. Provides that electoral boards need to meet the first week of February only in the year in which terms of officers of election expire and new officers must be appointed. Electoral boards are currently required to meet during the first week of February each year.

A BILL to amend and reenact §§ 24.2-107 and 24.2-115 of the Code of Virginia, relating to electoral boards and officers of election; required meetings.

13102807D

S.B. 958 Voter registration; final day of registration and mail registration application.

Patron: Obenshain

Voter registration; final day of registration and mail registration application. Provides that the principal office of the registrar and other registration sites shall close for registration purposes at 5:00 p.m. on the final day for registration before an election. The same deadline shall apply to receiving mail registration, other than applications returned through the United States Postal Service.

A BILL to amend and reenact § 24.2-416.4 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-414.1, relating to closing time of registration sites and mail registration deadline on final day of registration.

13102630D

S.B. 963 Officers of election; multiple precincts.

Patron: Ebbin

Officers of election; multiple precincts. Provides that the local electoral board may designate officers of election who may work in more than one precinct throughout election day if any or all of such precincts are located in the same building.

A BILL to amend and reenact § 24.2-115.1 of the Code of Virginia, relating to officers of elections; multiple precincts.

13101017D

S.B. 989 Vote centers; Board of Elections to establish pilot program.

Patron: Miller

Vote centers; pilot program. Authorizes the State Board of Elections to provide for a pilot program in no more than 10 localities in which localities may establish vote centers for use in elections instead of having to operate a polling place for every precinct in the locality. A vote center will consist of a location where voters from two or more designated precincts may vote. The State Board shall submit a report on the program by July 1, 2014, to the House and Senate Privileges and Elections Committees. The provisions of the bill expire on July 1, 2014.

A BILL to amend and reenact § 24.2-101 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-307.1, relating to vote centers; pilot program.

13101457D

S.B. 1008 Voter registration; registration activities by third parties.

Patron: Stanley

Voter registration; registration activities by third parties. Requires individuals and groups conducting voter registration drives to register with the State Board of Elections or local offices, provide information as required by the State Board, receive training, and execute a sworn affidavit that they will abide by all Virginia voter registration laws and rules. The bill also prohibits pre-populating registration applications with information unless directed by the applicant to do so. Finally, the bill reduces the time limit for mailing or delivering such completed applications from 15 to 10 days.

A BILL to amend and reenact §§ 24.2-416.3, 24.2-416.6, 24.2-418, and 24.2-1002.01 of the Code of Virginia, relating to voter registration; activities by third parties.

13101454D

S.B. 1049 Qualified voters; candidate petition signatures.

Patron: Edwards

Candidate petition signatures. Provides that the signatures of qualified voters who have been assigned inactive status shall be deemed valid for purposes of candidate petitions.

A BILL to amend and reenact § 24.2-101 of the Code of Virginia, relating to definitions; qualified voter.

13102733D

S.B. 1100 General registrar; removes requirement that office be open on second Saturday before May election.

Patron: Smith

Elections; in-person absentee voting. Removes the requirement that the general registrar's office be open for eight hours on the second Saturday before a May election and retains the requirement that the office be open on the Saturday before the May election. This imposes the same requirement on city general registrars as is currently imposed on town general registrars. Since this is a minimum requirement, the general registrar retains authority to provide additional office hours for in-person absentee voting on the second Saturday before the May election, but is not required to do so.

A BILL to amend and reenact § 24.2-701 of the Code of Virginia, relating to elections; absentee voting.

13100464D

S.B. 1110 Oyster inspection tax; authorizes Potomac River Fisheries Commission to impose.

Patron: Hanger

Oyster inspection tax. Authorizes the Potomac River Fisheries Commission to impose an oyster inspection tax not to exceed $2 per bushel. Currently, under the Potomac River Compact, the Commission can impose an inspection tax that cannot exceed the higher severance tax per bushel on oysters that is imposed by Virginia or Maryland within their respective jurisdictions. The Commission's current per bushel inspection tax for oysters taken from the Potomac River is $1. The bill provides that the proceeds from the tax are required to be used for oyster replenishment-related programs. Both Virginia and Maryland must enact similar acts in order for the change to the Compact to go into effect.

A BILL to amend and reenact § 28.2-1001 of the Code of Virginia, relating to the oyster inspection tax imposed under the Potomac River Compact.

13103415D

S.B. 1168 Elections; method of nominating party candidates.

Patron: Smith

Elections; method of nominating party candidates. Removes the power of incumbent officeholders in some cases to insist on a primary as the method of nominating political party candidates and removes the power of General Assembly incumbents seeking reelection to determine the method of nomination. The bill leaves the power to determine the method of nominating party candidates to the duly constituted authorities of the political party.

A BILL to amend and reenact §§ 24.2-509 and 24.2-516 of the Code of Virginia, relating to elections; method of nominating party candidates; party primaries.

13100463D

S.B. 1260 Party nominating methods.

Patron: Wagner

Party nominating methods. Provides that no political party shall determine its candidates for statewide or General Assembly district office by a method that has the practical effect of excluding participation in the nominating process by active duty military personnel and military reservists or by individuals who are unable to attend meetings because of military service-related injuries, regardless of their duty station or location.

A BILL to amend and reenact § 24.2-509 of the Code of Virginia, relating to party to determine method of nominating its candidates for office; exceptions.

13102966D

S.J.R. 266 Constitutional amendment (first resolution); restoration of civil rights.

Patron: Lucas

Constitutional amendment (first resolution); restoration of civil rights. Authorizes the General Assembly to provide by law for the restoration of civil rights for persons convicted of nonviolent felonies who have completed service of their sentences subject to the conditions, requirements, and definitions set forth in that law. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to law.

Proposing an amendment to Section 1 of Article II of the Constitution of Virginia, relating to the qualifications of voters.

13101657D

S.J.R. 269 Constitutional amendment (first resolution); restoration of civil rights.

Patron: Petersen

Constitutional amendment (first resolution); restoration of civil rights. Provides that no person convicted of a felony shall be qualified to vote "unless he has served his full sentence and been released back to civil society." The proposed amendment deletes the present constitutional language that provides for restoration of civil rights by "the Governor or other appropriate authority."

Proposing an amendment to Section 1 of Article II of the Constitution of Virginia, relating to qualifications of voters.

13100550D

S.J.R. 276 Constitutional amendment; Governor's term of office (first reference).

Patron: Garrett

Constitutional amendment (first resolution); Governor's term of office. Permits a Governor elected in 2017 and thereafter to succeed himself in office. The amendment allows two four-year terms (either in succession or not in succession) but prohibits election to a third term. Service for more than two years of a partial term counts as service for one term.

Proposing an amendment to Section 1 of Article V of the Constitution of Virginia, relating to executive power and the Governor's term of office.

13100885D

S.J.R. 293 Constitutional amendment; right to work (first reference).

Patron: Black

Constitutional amendment (first resolution); right to work. Provides that any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization are denied the right to work for the employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is against public policy and constitutes an illegal combination or conspiracy.

Proposing an amendment to the Constitution of Virginia by adding in Article I a section numbered 11-A, relating to the right to work.

13101226D

S.J.R. 302 Constitutional amendment; Board of Education authorized to establish charter schools.

Patron: Obenshain

Constitutional amendment (first resolution); charter schools. Grants the Board of Education authority to establish charter schools within the school divisions of the Commonwealth.

Proposing an amendment to Section 5 of Article VIII of the Constitution of Virginia, relating to the establishment of charter schools.

13101567D

S.J.R. 303 Constitutional amendment; Virginia Redistricting Commission established (first reference).

Patron: Deeds

Constitutional amendment (first resolution); Virginia Redistricting Commission. Establishes the Virginia Redistricting Commission to redraw congressional and General Assembly district boundaries after each decennial census. Appointments to the 13-member Commission are to be made in the census year as follows: two each by the President pro tempore of the Senate, the Speaker of the House of Delegates, the minority leader in each house, and the state chairman of each of the two political parties receiving the most votes in the prior gubernatorial election. The 12 partisan members then select the thirteenth member by a majority vote, or, if they cannot agree on a selection, they certify the two names receiving the most votes to the Supreme Court of Virginia, which will name the thirteenth member. The Commission is directed to certify district plans for the General Assembly within one month of receipt of the new census data or by March 1 of the year following the census, whichever is later, and for the House of Representatives within three months of receipt of the census data or by June 1 of the year following the census, whichever is later. The standards to govern redistricting plans include the current constitutional standards on population equality, compactness, and contiguity and additional standards to minimize splits of localities and to prohibit consideration of incumbency and political data.

Proposing an amendment to Section 6 of Article II of the Constitution of Virginia, relating to districts for the House of Representatives and General Assembly; criteria for redistricting; and the establishment of the Virginia Redistricting Commission.

13100182D

S.J.R. 321 Constitutional amendment; restoration of voting rights.

Patron: McEachin

Constitutional amendment (first resolution); restoration of voting rights. Provides for the automatic restoration of voting rights to persons convicted of nonviolent felonies (excepting felony drug and election fraud crimes) upon completion of sentence, including any term of probation or parole. The bill further provides that persons convicted of violent felonies, felony drug crimes, or election fraud crimes may have their voting rights restored by the Governor upon completion of sentence, including any term of probation or parole, and authorizes the General Assembly to provide by law for the restoration of voting rights to such persons. The restoration of rights pursuant to this provision has no effect on the right to possess firearms.

Proposing an amendment to Section 1 of Article II of the Constitution of Virginia, relating to the qualifications of voters.

13103188D