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2015 SESSION

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Senate Committee on Privileges and Elections

Chairman: Jill Holtzman Vogel

Clerk: Hobie Lehman
Staff: Meg Burruss
Date of Meeting: January 27, 2015
Time and Place: 4:00PM / Senate Room A
**Updated to add SB 1397 and SB 1400**

S.B. 691

Patrons: Deeds, Vogel

Vote centers; pilot program. Authorizes the State Board of Elections to conduct a pilot program under which one or more localities unanimously approved by the State Board would establish vote centers for use in primary elections instead of operating a polling place for every precinct in the locality. The bill defines "vote center" as a location established by local ordinance where qualified voters from two or more designated precincts are directed to vote. The bill requires the governing body of a locality applying to participate in the pilot program to have the unanimous consent of its local electoral board. The bill also requires the State Board to publish a report on the program by August 15 of any year in which a vote center is used. The provisions of the bill would expire on December 31, 2019.

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

15100415D

S.B. 708

Patron: Edwards

Elections; absentee voting by persons age 65 or older. Entitles persons age 65 or older on the day of an election for which an absentee ballot is requested to vote absentee.

A BILL to amend and reenact §§ 24.2-700 and 24.2-701 of the Code of Virginia, relating to absentee voting; persons age 65 or older.

15100901D

S.B. 711

Patron: Edwards

Voter registration; duties of State Board of Elections and general registrars. Requires general registrars to conduct and complete within 30 days of the receipt of precinct lists from the State Board a cross-check of precinct list voters with voter registration data supplied by other states in the interstate cross-check system developed under current law by the State Board. The bill requires the State Board to grant an extension of up to 30 days to complete the cross-check if so requested by a general registrar within 48 hours of initial receipt of the precinct list. The bill requires the general registrars to, at a minimum, compare the Virginia Voter Registration System registration history and Virginia voting history of precinct list voters with the out-of-state registration data provided in the interstate cross-check system and prohibits the cancellation of a voter's registration within 90 days prior to a primary or general election solely on the basis of the interstate cross-check. The provisions of the bill are contingent on funding in a general appropriation act passed in 2015 by the General Assembly that becomes law.

A BILL to amend and reenact § 24.2-404 of the Code of Virginia, relating to elections; voter registration lists; duties of State Board of Elections and general registrars.

15100897D

S.B. 719

Patron: McWaters

Elections; absentee voting by persons age 65 or older. Entitles persons age 65 or older on the day of an election for which an absentee ballot is requested to vote absentee.

A BILL to amend and reenact §§ 24.2-700 and 24.2-701 of the Code of Virginia, relating to absentee voting; persons age 65 or older.

15100753D

S.B. 742

Patron: Carrico

Elections; run-off elections. Provides that no candidate shall be deemed to have been elected at a general election to any statewide office unless such candidate receives more than 50 percent of the total votes cast for that office. The bill requires that when no candidate for an office receives more than 50 percent of the total votes cast at the general election for that office, a run-off election between the candidates receiving the highest and next-highest number of votes for that office shall be held. However, no run-off election shall be held if the total number of write-in votes cast for an office and the total number of votes cast for the candidate receiving the highest number of votes for an office together equal more than 50 percent of the total votes cast for that office. The bill requires run-off elections to be held on the fourth Tuesday following the date of the certification of the results of the general election or, if a recount is conducted after the general election, on the fourth Tuesday following the date of the certification of the results of the recount, unless the fourth Tuesday falls on a legal holiday, in which the case the run-off election will be held on the sixth Tuesday. The bill provides that all other elections, including a general election of electors for the President and Vice-President of the United States, the person having the highest number of votes for an office shall be deemed to have been elected to such office and shall receive the certificate of election. Under current law, except in the case of a recount, the person having the most votes cast at any election shall be deemed to have been elected to that office.

A BILL to amend and reenact § 24.2-673 of the Code of Virginia, relating to run-off elections.

15101178D

S.B. 746

Patron: Watkins

Absentee ballots; deadline for mailing to voters. Extends the deadline by which the electoral boards are required to make available printed ballots to be used for absentee voting from 45 days to 60 days prior to the election. By reference, this measure extends the deadline by which the general registrars are required to send out absentee ballots.

A BILL to amend and reenact § 24.2-612 of the Code of Virginia, relating to absentee ballots; required date to begin mailing to voters.

15101909D

S.B. 747

Patron: Watkins

Absentee voting; application for ballot. Requires that an absentee ballot application made by mail, electronic or telephonic transmission to a facsimile device, or other means be made no later than 5:00 p.m. on the fourteenth day prior to the election in which the applicant is applying to vote absentee. Current law requires the application be made no later than the seventh day prior to the election.

A BILL to amend and reenact § 24.2-701 of the Code of Virginia, relating to application for absentee ballot; required deadline for submitting by mail, fax, or other means.

15101910D

S.B. 758

Patron: Barker

Elections; absentee voting by persons age 65 or older. Entitles persons age 65 or older on the day of an election for which an absentee ballot is requested to vote absentee.

A BILL to amend and reenact §§ 24.2-700 and 24.2-701 of the Code of Virginia, relating to absentee voting; persons age 65 or older.

15101639D

S.B. 765

Patron: Edwards

Population data to be used in redistricting. Establishes a procedure for allocating persons in state and federal correctional facilities to their last known residential addresses for purposes of state legislative and local redistricting. Under current law, such persons are allocated to the location of the facility as reported in the decennial census. The bill directs the Department of Corrections, beginning January 1, 2016, to maintain a record for each person in its custody that will provide the necessary information and to request federal agencies operating facilities in which persons convicted of criminal offenses are incarcerated to provide such information. The bill requires such information to be delivered to the Division of Legislative Services by May 1 of the year in which the decennial census is taken. No later than 30 days from the date that the Census Bureau releases P.L. 94-171 redistricting data for Virginia, the Division is directed to prepare and publish revised population data that allocates to the extent possible the correctional population to the appropriate census geographical unit (i.e., census block) containing the incarcerated person's residential address. Correctional facility population for whom no address is known, or for whom no record is provided, shall not be allocated to the census geographical unit containing the facility. Rather, all such population shall be allocated to a state unit not linked to a specific geographical location and shall not be used in determining the ideal population of legislative and local districts. The bill prohibits the use of revised population data in the distribution of any federal or state aid.

 

A BILL to amend and reenact § 24.2-304.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 4 of Chapter 3 of Title 24.2 a section numbered 24.2-314, relating to population data to be used for redistricting.

15101580D

S.B. 786

Patron: Carrico

Electoral college; allocation of electoral votes. Revises the process by which the Commonwealth's electoral votes are allocated among the slates of presidential electors from a winner-take-all basis to a proportional allocation basis. The two electoral votes to which Virginia is entitled by virtue of its representation in the United States Senate shall be allocated to the slate of presidential electors that receives the highest number of votes cast statewide. The total number of electoral votes to which Virginia is entitled by virtue of its representation in the United States House of Representatives shall be allocated among the slates of presidential electors according to the proportional share each slate receives of the total number of votes cast statewide for President as follows: The total number of votes cast for each slate of presidential electors shall be divided by the total number of votes cast for all slates of electors and the resulting proportion shall be multiplied by the number of electoral votes to which Virginia is entitled to determine the number of electoral votes for each slate, rounded to the nearest whole number.

A BILL to amend and reenact §§ 24.2-202, 24.2-542, 24.2-543, and 24.2-673 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-202.1, relating to electors for President and Vice President; allocation of electoral votes.

15100271D

S.B. 816

Patron: Howell

Absentee voting; reason for application. Removes the requirement that a person applying for an absentee ballot because of an obligation occasioned by his religion provide information regarding the nature of such obligation. Instead, he is required to state that he has an obligation occasioned by his religion.

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

15102442D

S.B. 822

Patron: Miller

Elections; absentee voting by persons age 65 or older. Entitles persons age 65 or older on the day of an election for which an absentee ballot is requested to vote absentee.

A BILL to amend and reenact §§ 24.2-700 and 24.2-701 of the Code of Virginia, relating to absentee voting; persons age 65 or older.

15101175D

S.B. 827

Patron: Miller

Voting systems; use of direct recording electronic machines. Prohibits the use of direct recording electronic (DRE) machines in elections on and after July 1, 2016, except for the express purpose of providing accessible voting equipment as required by law. The bill allows the modification of previously acquired DREs for the express purpose of providing accessible voting equipment.

A BILL to amend and reenact § 24.2-626 of the Code of Virginia, relating to voting systems; use of direct recording electronic machines.

15101230D

S.B. 840

Patron: Watkins

Congressional and state legislative districts. Provides criteria for the General Assembly to observe in drawing districts, including respect for political boundaries, equal population, racial and ethnic fairness, contiguity, compactness, and communities of interest. Use of political data or election results is prohibited unless necessary to determine if racial or ethnic minorities can elect candidates of their choice.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 3 of Title 24.2 a section numbered 24.2-304.04, relating to standards and criteria for congressional and state legislative districts.

15101549D

S.B. 906

Patron: Howell

Absentee voting; information required on application. Eliminates the requirement that a voter applying for an absentee ballot provide on the application the last four digits of his social security number.

A BILL to amend and reenact § 24.2-701 of the Code of Virginia, relating to applications for absentee ballots; social security number.

15102443D

S.B. 907

Patron: Howell

Absentee ballots; name and address of voter. Provides that a voter's failure to include, in the Statement of Voter on the back of the envelope for returning a voted absentee ballot, his full name and the full address of his legal residence in Virginia is not a material omission and does not render his ballot void.

A BILL to amend and reenact §§ 24.2-707 and 24.2-711 of the Code of Virginia, relating to absentee ballots; name and address of voter.

15102456D

S.B. 910

Patron: Wexton

Elections; absentee voting by persons age 65 or older. Entitles persons age 65 or older on the day of an election for which an absentee ballot is requested to vote absentee.

A BILL to amend and reenact §§ 24.2-700 and 24.2-701 of the Code of Virginia, relating to absentee voting; persons age 65 or older.

15100480D

S.B. 1061

Patron: Obenshain

Elections; electronic pollbooks; photographs. Requires electronic pollbooks to contain a photograph and identifying information received by the State Board of Elections from the Department of Motor Vehicles for each registered voter for whom the Department of Motor Vehicles has such a photograph and identifying information. The bill requires the officer of election to access the photograph and identifying information when the voter presents himself to vote and to challenge the voter's vote if the voter does not appear to be the same person depicted in the photograph in the pollbook. The bill has a delayed effective date of July 1, 2016.

A BILL to amend and reenact §§ 24.2-404, 24.2-611, 24.2-643, 24.2-651, and 46.2-208.1 of the Code of Virginia, relating to elections; electronic pollbooks; photographs.

15100744D

S.B. 1062

Patron: Obenshain

Election administration; presidential elections; officers of election and ballot scanner machines. Requires any precinct having more than 4,000 registered voters to have not less than five officers of election serving at a presidential election and requires the electoral board to appoint additional officers as may be needed to comply with this requirement. The bill also requires the governing body of a county or city that uses ballot scanner machines at elections to provide for any precinct having more than 4,000 registered voters not less than two such machines at a presidential election. Current law requires not less than three officers of election and at least one ballot scanner machine at each precinct.

A BILL to amend and reenact §§ 24.2-115 and 24.2-627 of the Code of Virginia, relating to presidential elections; number of officers of election and ballot scanner machines.

15100745D

S.B. 1076

Patron: Vogel

Elections; date of June primary elections. Changes the date of primary elections held in the month of June from the second Tuesday to the third Tuesday and changes candidate filing deadlines accordingly.

A BILL to amend and reenact §§ 24.2-311, 24.2-503, 24.2-507, 24.2-510, 24.2-515, and 24.2-515.1 of the Code of Virginia, relating to elections; the date of June primary elections.

15101326D

S.B. 1077

Patron: Vogel

Vote centers; pilot program. Authorizes the State Board of Elections to conduct a pilot program under which one or more localities unanimously approved by the State Board would establish vote centers for use in primary elections instead of operating a polling place for every precinct in the locality. The bill defines "vote center" as a location established by local ordinance where qualified voters from two or more designated precincts are directed to vote. The bill requires the governing body of a locality applying to participate in the pilot program to have the unanimous consent of its local electoral board. The bill also requires the State Board to publish a report on the program by August 15 of any year in which a vote center is used. The provisions of the bill would expire on December 31, 2019.

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

15101327D

S.B. 1089

Patron: Vogel

Constitutional office; filling a vacancy. Clarifies that the highest ranking deputy officer or, in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth shall step in to fill a vacancy in a constitutional office until a special election to fill such a vacancy has been held, regardless of a county or city charter's alternative method for filling such a vacancy. The bill contains a technical amendment.

A BILL to amend and reenact § 24.2-228.1 of the Code of Virginia, relating to filling a vacancy in constitutional office.

15102165D

S.B. 1092

Patron: Vogel

General registrars; reassigning duties of the electoral board. Reassigns duties of the electoral board related to absentee voting and campaign finance to the general registrars. The bill also requires that the governing bodies of the localities be reimbursed in full for the compensation and expenses of electoral board members and general registrars.

A BILL to amend and reenact §§ 24.2-108, 24.2-111, 24.2-114, 24.2-701, 24.2-702, 24.2-703.2, 24.2-704, 24.2-705, 24.2-706, 24.2-707, 24.2-708, 24.2-709, 24.2-712, 24.2-945.2, 24.2-946.1 through 24.2-946.5, 24.2-947.1, 24.2-947.3, 24.2-947.4, 24.2-947.5, 24.2-947.9, 24.2-948.1, 24.2-948.3, 24.2-950.8, 24.2-953, and 24.2-953.3 of the Code of Virginia, relating to general registrars; reassigning duties of the electoral board related to absentee voting and campaign finance.

15102713D

S.B. 1288

Patron: Watkins

General registrars; assistant registrars. Removes the requirement that in Russell County there be at least one full-time assistant registrar serving in the office of the general registrar. The law for all other counties and cities permits each electoral board to determine the number of assistant registrars, with more specific requirements for assistant registrars depending on the population of the county or city.

A BILL to amend and reenact § 24.2-112 of the Code of Virginia, relating to general registrars; assistant registrars.

15102362D

S.B. 1351

Patron: Vogel

Polling place; authorized representative of political party; permitted handheld wireless communication devices. Removes the prohibition against use of handheld wireless communication devices containing a camera or other imaging device by authorized representatives of political parties inside a polling place or central absentee voter precinct.

A BILL to amend and reenact § 24.2-604 of the Code of Virginia, relating to polling places; authorized representatives of political parties; permitted handheld wireless communications devices.

15103125D

S.B. 1397

Patron: McDougle


Elections; run-off elections. Provides that no candidate shall be deemed to have been elected at a general election to any statewide office or to the United States Senate unless such candidate receives more than 50 percent of the total votes cast for that office. The bill requires that when no candidate for an office receives more than 50 percent of the total votes cast at the general election for that office, a run-off election between the candidates receiving the highest and next-highest number of votes for that office shall be held. However, no run-off election shall be held if the total number of write-in votes cast for an office and the total number of votes cast for the candidate receiving the highest number of votes for an office together equal more than 50 percent of the total votes cast for that office. The bill requires run-off elections to be held on the fourth Tuesday following the date of the certification of the results of the general election or, if a recount is conducted after the general election, on the fourth Tuesday following the date of the certification of the results of the recount, unless the fourth Tuesday falls on a legal holiday, in which the case the run-off election will be held on the sixth Tuesday. The bill provides that all other elections, including a general election of electors for the President and Vice-President of the United States, the person having the highest number of votes for an office shall be deemed to have been elected to such office and shall receive the certificate of election. Under current law, except in the case of a recount, the person having the most votes cast at any election shall be deemed to have been elected to that office.

A BILL to amend and reenact § 24.2-673 of the Code of Virginia, relating to run-off elections.

15103314D

S.B. 1400

Patron: Petersen

Campaign finance; campaign contribution limits; civil penalty. Prohibits a person, other than a political party committee or political action committee, from making any single contribution or any combination of contributions that exceeds $10,000 to any one candidate for Governor, Lieutenant Governor, Attorney General, or the General Assembly in a primary or other method of political party nomination immediately preceding the general or special election, or $20,000 to any such candidate in any one election cycle. The bill also prohibits political action committees from making any single contribution or any combination of contributions that exceeds $25,000 to any one candidate for Governor, Lieutenant Governor, Attorney General, or the General Assembly in a primary or other method of political party nomination immediately preceding the general or special election, or $50,000 to any such candidate in any one election cycle. Compliance with these limitations is a requirement for candidacy for those offices. No limits are placed on contributions made by political party committees or by a candidate to his own campaign. Civil penalties for violations of the limits may equal up to two times the excess contribution amounts.

A BILL to amend the Code of Virginia by adding in Chapter 9.3 of Title 24.2 an article numbered 3.1, consisting of sections numbered 24.2-948.5 through 24.2-948.9, and by adding in Article 8 of Chapter 9.3 of Title 24.2 a section numbered 24.2-953.6, relating to campaign finance; campaign contribution limits; civil penalty.

15103777D

S.J.R. 213

Patron: Howell

Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."

Proposing the repeal of Section 15-A of Article I of the Constitution of Virginia, relating to marriage.

15100159D

S.J.R. 214

Patron: Ebbin

Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."

Proposing the repeal of Section 15-A of Article I of the Constitution of Virginia, relating to marriage.

15100385D

S.J.R. 216

Patron: Ebbin

United States Constitution; Equal Rights Amendment. Ratifies the Equal Rights Amendment to the United States Constitution that was proposed by Congress in 1972. The joint resolution advocates the position that the 1972 Equal Rights Amendment remains viable and may be ratified notwithstanding the expiration of the 10-year ratification period set out in the resolving clause, as amended, in the proposal adopted by Congress.

Ratifying the Equal Rights Amendment to the United States Constitution.

15100396D

S.J.R. 233

Patron: Howell

Constitutional amendment (first reference); congressional and state legislative districts. Provides criteria for the General Assembly to observe in drawing districts, including respect for existing political boundaries, equal population, racial and ethnic fairness, contiguity, compactness, and communities of interest. Use of political data or election results is prohibited unless necessary to determine if racial or ethnic minorities can elect candidates of their choice.

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; district criteria.

15102157D

S.J.R. 238

Patron: Dance

Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. Authorizes the General Assembly to provide by law for the restoration of civil rights to persons convicted of nonviolent felonies who have completed service of their sentences, including any period or condition of parole, probation, or suspension of sentence, subject to the conditions, requirements, and definitions set forth in that law. At present, the Constitution of Virginia authorizes the Governor to restore civil rights to persons convicted of a felony; that provision is retained.

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

15102377D

S.J.R. 256

Patron: Obenshain

Constitutional amendment (first resolution); charter schools. Grants the Board of Education authority, subject to criteria and conditions prescribed by the General Assembly, 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.

15100782D

S.J.R. 264

Patron: Garrett

Constitutional amendment (first resolution); right to acquire farm-produced food. Provides that people have the right to acquire, for their own consumption, farm-produced food directly at the farm with agreement from the farmer who produced it.

Proposing an amendment to the Constitution of Virginia by adding in Article I a section numbered 16-A, relating to the right to acquire farm-produced food.

15100961D

S.J.R. 278

Patron: Reeves

Constitutional amendment (first resolution); 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.

15101336D

S.J.R. 283

Patron: McEachin

Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."

Proposing the repeal of Section 15-A of Article I of the Constitution of Virginia, relating to marriage.

15100206D

S.J.R. 293

Patron: McEachin

Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. Authorizes the General Assembly to provide by law for the restoration of civil rights for persons convicted of 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 an 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.

15100884D

S.J.R. 298

Patron: Barker

Constitutional amendment (first resolution); apportionment; partisan balance. Requires electoral districts to be drawn to reflect the voting patterns of the Commonwealth with, to the extent practicable, half of the districts more favorable than statewide totals to each of the two political parties most often receiving the most votes cast in statewide elections. The bill further requires, to the extent practicable, districts to be drawn so that the difference in votes between the top two candidates in recent statewide elections was within competitive margins.

Proposing an amendment to Section 6 of Article II of the Constitution of Virginia, relating to apportionment; partisan balance.

15103524D

S.J.R. 302

Patron: Stuart

Constitutional amendment (first resolution); general warrants of search or seizure prohibited. Clarifies that the right of the people to be secure against unreasonable searches and seizures of their persons, houses, businesses, lands, papers, and effects applies also to communications and stored personal information and data. Furthermore, the requirement that a warrant particularly describe the place to be searched or the persons or things to be seized is extended to communications, personal information, and data to be accessed. The amendment provides that a person's disclosure to another person of his papers, effects, or electronic communications, personal information, or data is not alone a waiver of this right. The amendment also provides that the people shall have remedies of exclusion and actions for damages and other remedies and that defendants shall not enjoy greater immunity than other citizens of the Commonwealth.

Proposing an amendment to Section 10 of Article I of the Constitution of Virginia, relating to general warrants of search or seizure.

15103613D

S.J.R. 303

Patron: Vogel

Confirming Governor's appointments of certain persons. Confirms appointments of certain persons made by Governor McAuliffe and communicated to the General Assembly on January 13, 2015.

Confirming appointments by the Governor of certain persons communicated January 13, 2015.

15103647D