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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: February 12, 2013
Time and Place: Tuesday, 4:00 PM, Senate Room A, General Assembly Building
Updated to add SJR 409

H.B. 1335

Patron: Bell, Richard P.

Electoral board; temporary appointment. Allows the senior judge, for good cause, to appoint a temporary member to the electoral board in order to maintain a quorum.

  A BILL to amend and reenact § 24.2-106 of the Code of Virginia, relating to local officers.

13104581D

H.B. 1337

Patron: Cole

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 and a voter's social security card. The bill also requires that all forms of acceptable identification contain a photograph of the voter or the voter's name and address, which conforms to the identification requirements under the Help America Vote Act of 2002 and harmonizes the identification requirements for state and federal elections. This bill incorporates HB 1787 and HB 1788.

A BILL to amend and reenact §§ 24.2-643 and 24.2-701 of the Code of Virginia, relating to elections; polling place procedures; voter identification requirements.

13104833D

H.B. 1339

Patron: Ware, R.L.

Local election districts and redistricting. Permits any county, city, or town governing body to exclude from the census population used in decennial redistricting the adult inmate populations of federal, state, or regional adult correctional facilities located in the localities. Current law allows the exclusion of such inmate populations only if they exceed 12 percent of the ideal population of a local election district.

A BILL to amend and reenact § 24.2-304.1 of the Code of Virginia, relating to local election districts and redistricting.

13100627D

H.B. 1346

Patron: Cole

Presidential primaries; candidate petitions. Reduces the required number of total petition signatures statewide from 10,000 to 5,000 and the required number of petition signatures from each congressional district from 400 to 200 for presidential primaries.

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

13101133D

H.B. 1702

Patron: Carr

Board of Counseling; confirmation of appointments by General Assembly. Provides that all appointments to the Board of Counseling that are made by the Governor shall be subject to confirmation by the General Assembly.

A BILL to amend and reenact § 54.1-3503 of the Code of Virginia, relating to Board of Counseling; confirmation of appointments by General Assembly.

13102678D

H.B. 1725

Patron: Rust

Delivery of completed absentee ballot applications by third parties. Provides that no person, with certain exceptions, shall offer to mail or deliver 25 or more completed absentee ballot applications on behalf of voters for any election.

A BILL to amend and reenact § 24.2-701 of the Code of Virginia, relating to the delivery of completed absentee ballot applications.

13104580D

H.B. 1747

Patron: Cosgrove

Voter registration; registration activities by third parties. Requires individuals and groups conducting voter registration drives, when obtaining 25 or more voter registration applications from the State Board of Elections or local offices, to register with the State Board 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.

13101455D

H.B. 1764

Patron: Bell, Robert B.

State Board of Elections; Virginia Voter Registration System. Directs the State Board to cooperate with other states to develop systems to compare voters and registration lists in order to ensure accuracy of voter registration rolls, prevent duplicate registration, and determine eligibility of individuals to vote.

A BILL to amend and reenact § 24.2-404 of the Code of Virginia, relating to duties of State Board of Elections; Virginia Voter Registration System; sources of information.

13102905D

H.B. 1765

Patron: Bell, Robert B.

Disqualification of voters; felons; procedure. Codifies the State Board of Elections current practice to check the monthly list of felony convictions received from the Central Criminal Records Exchange (CCRE) against the registered voters maintained on the voter registration system and notify the appropriate general registrar of any voter who is disqualified to vote due to a felony conviction. The bill also requires that the CCRE provide annually a list of all persons convicted of a felony to the State Board and that the annual list shall be checked against the registered voters maintained on the voter registration system. The bill also provides that the general registrar, in determining the qualification of an applicant to register to vote, shall determine whether the applicant has ever been convicted of a felony, and if so, under what circumstances the applicant's right to vote has been restored.

A BILL to amend and reenact §§ 19.2-389, 24.2-114, and 24.2-409 of the Code of Virginia, relating to disqualification of voters; felons; procedure.

13104828D

H.B. 2022

Patron: Rush

Voter registration exchange. Directs the State Board of Elections to request voter registration information and lists of persons voting at primaries and elections, if available, from the states that border the Commonwealth in order to identify duplicate registrations, voters who no longer reside in the Commonwealth, and other persons no longer entitled to be registered to vote. The State Board shall report annually to the Committees on Privileges and Elections on its progress, including the number of duplicate registrations discovered and the steps taken by the Board to eliminate duplicate registrations.

A BILL to amend the Code of Virginia by adding a section numbered 24.2-404.4, relating to voter registration list exchange.

13104487D

H.B. 2107

Patron: Spruill

Elections; absentee ballot procedures and count. Requires the prompt counting of absentee ballots immediately after the close of the polls and advance steps by the general registrar to prepare for the prompt counting of absentee ballots.

A BILL to amend and reenact §§ 24.2-709.1, 24.2-711, and 24.2-712 of the Code of Virginia, relating to elections; absentee voting procedures; counting of absentee ballots.

13100884D

H.B. 2143

Patron: Keam

Provisional ballot envelopes. Specifies that provisional ballot envelopes are to be placed in the ballot container promptly.

A BILL to amend and reenact § 24.2-653 of the Code of Virginia, relating to voting; provisional ballots.

13104556D

H.B. 2147

Patron: Anderson

Primaries; candidate petition signatures, certification by party chairman. Provides that in furnishing to the State Board of Elections or local electoral boards the names of candidates for nomination in a primary, including a presidential primary, the party chairman shall certify that a review of the candidate petitions found the required minimum number of signatures of qualified voters for the particular office to have been met. The bill also provides that the State Board shall transmit declarations of candidacy, petitions, and receipts for the payment of filing fees filed with the State Board to the state chairman of the party of the candidate filing such materials within 72 hours of the filing and not later than the seventy-fourth day before a primary. Currently, the State Board must transmit such materials on the seventy-fourth day before a primary. 

A BILL to amend and reenact §§ 24.2-522, 24.2-527, and 24.2-545 of the Code of Virginia, relating to filings of primary candidate petitions with party chairman; furnishing of names of candidates by party chairman; certifying minimum number of petition signatures.

13104856D

H.B. 2158

Patron: Lopez

Officers of election; multiple precincts. Provides that the local electoral board may reassign an officer of election from the precinct in which he was originally assigned to work to another precinct for the remaining portion of election day.

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

13104431D

H.B. 2255

Patron: Comstock

Voter lists. Requires a local electoral board to submit the list of persons who voted at any election to the State Board of Elections within 60 days after each election unless such list is not available due to a pending recount or election contest. The State Board shall make available such lists no later than seven days after receiving them from the electoral board.

A BILL to amend and reenact § 24.2-406 of the Code of Virginia, relating to obtaining lists of persons who voted.

13104546D

H.B. 2331

Patron: Bell, Robert B.

Election laws; enforcement and prosecution. Gives the Attorney General the independent authority to enforce and prosecute violations of election laws in addition to the existing authority granted to the Attorney General pursuant to a unanimous vote of all members of the Board of Elections requesting the Attorney General to assist an attorney for the Commonwealth.

A BILL to amend and reenact § 24.2-104 of the Code of Virginia, relating to Attorney General's authority to enforce election laws.

13104246D

H.B. 2341

Patron: Ramadan

Electronic transmission of voter registration information. Provides that a person who is qualified to register to vote may apply to register to vote by electronic means authorized by the State Board of Elections.

A BILL to amend and reenact §§ 24.2-423 and 24.2-424 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 4 of Title 24.2 an article numbered 3.2 consisting of a section numbered 24.2-416.7, relating to electronic transmission of voter registration information.

13104278D

H.J.R. 536

Patron: Bell, Richard P.

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 and is void.

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

13100075D

H.J.R. 551

Patron: Ramadan

Constitutional amendment (first resolution); real property tax exemption for spouses of soldiers killed in action. Provides that the General Assembly may provide a real property tax exemption for the primary residence of surviving spouses of members of the military who are killed in action.

Proposing an amendment to Section 6-A of Article X of the Constitution of Virginia, relating to property tax exemptions.

13100523D

H.J.R. 594

Patron: Loupassi

Constitutional amendment (first resolution); limit on appropriations. Limits total appropriations in a year to the preceding year's total appropriations plus a percentage equal to the sum of the percentage increase in the rate of inflation plus the rate of population increase. However, additional appropriations may be made (i) for tax relief, ii) for deposits to the Revenue Stabilization Fund, or (iii) for nonrecurring capital projects. "Total appropriations" is defined so as not to include appropriated moneys that are received from the federal government or an agency or unit thereof. This resolution incorporates HJ 677. 

Proposing an amendment to the Constitution of Virginia by adding in Article X a section numbered 7-B, relating to limits on appropriations.

13104324D

H.J.R. 611

Patron: O'Bannon

Constitutional amendment (first resolution); the right to a secret ballot. Adds a provision to the Bill of Rights to preserve and protect the right to a secret ballot in elections for office, votes on ballot measures, and votes to designate or authorize employee representation.

Proposing an amendment to the Constitution of Virginia by adding in Article I a section numbered 6-A, relating to the right to a secret ballot.

13102392D

H.J.R. 622

Patron: Jones

Constitutional amendment (first resolution); Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, Priority Transportation Fund, and other funds established by general law for transportation. All revenues dedicated to Transportation Funds on January 1, 2014, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds. The General Assembly by general law, other than a general appropriation law, may alter the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan must be repaid with reasonable interest within three years. Moneys designated for deposit into funds other than Transportation Funds shall not be used for any transportation-related purpose except for making certain debt service payments on transportation-related bonds and notes. This resolution incorporates HJ 584, HJ 651, and HJ 652.

Proposing an amendment to the Constitution of Virginia by adding in Article X a section numbered 7-B, relating to special funds for transportation purposes.

13104584D

H.J.R. 693

Patron: Habeeb

Constitutional amendment (first resolution); statewide school division for schools denied accreditation. Authorizes the General Assembly to establish a statewide school division to supervise and administer schools that have been denied accreditation for a number of consecutive school years, as determined by the General Assembly. Supervision of the statewide school division is to be vested in a single statewide school board established as may be provided by law. Funding of the statewide division is to be provided by law.

Proposing an amendment to Section 5 of Article VIII of the Constitution of Virginia, relating to powers and duties of the Board of Education; opportunity school district.

13103571D

S.J.R. 409

Patron: Obenshain

Confirming Governor's appointments of certain persons. Confirms appointments to various positions made by Governor McDonnell and communicated to the General Assembly February 4, 2013.

Confirming appointments by the Governor of certain persons communicated February 4, 2013.

13104962D