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2016 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 26, 2016
Time and Place: 4:00PM / Senate Room A

S.B. 31

Patron: Lucas

Virginia Interim Redistricting Commission; criteria for remedial redistricting plans. Provides for the establishment of the Virginia Interim Redistricting Commission when any congressional or state legislative district drawn as required by Article II, Section 6 of the Constitution of Virginia is declared unlawful or unconstitutional, in whole or in part, by order of any state or federal court. The Commission is tasked with determining and submitting to the General Assembly and the Governor a redistricting plan remedying such unlawful or unconstitutional district. The bill also provides criteria by which the Commission is to draw remedial districts.

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 the Virginia Interim Redistricting Commission; criteria for remedial redistricting plans.

16101640D

S.B. 59

Patrons: Howell, Vogel

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 are able to 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.

16102113D

S.B. 68

Patron: Wexton

Elections; absentee voting by persons age 65 or older. Entitles persons who will be age 65 or older on the date 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.

16101429D

S.B. 84

Patron: Favola

Absentee voting; postage prepaid on return envelope. Requires the envelope provided to the voter for the return of the absentee ballot to include prepaid postage.

A BILL to amend and reenact § 24.2-706 of the Code of Virginia, relating to absentee voting; postage prepaid on return envelope.

16100600D

S.B. 89

Patron: Marsden

Local electoral boards; meeting minutes. Requires the posting of minutes of the local electoral boards' meetings on the local electoral board's website or the official website of the county or city. Draft meeting minutes are required to be posted no later than 10 days after the meeting and final approved meeting minutes are required to be posted within three working days of approval.

A BILL to amend and reenact § 24.2-107 of the Code of Virginia, relating to meetings of the electoral boards; minutes required to be posted on website.

16100826D

S.B. 106

Patron: Dance

Elections; absentee voting; no-excuse, in-person. Allows qualified voters to vote absentee in person without providing an excuse for not being able to vote in person on election day. The bill retains the statutory list of specific reasons allowing a voter to cast an absentee ballot by mail.

A BILL to amend and reenact §§ 24.2-700 and 24.2-701 of the Code of Virginia, relating to absentee voting; persons eligible to vote absentee in person without providing a statutory reason.

16101476D

S.B. 137

Patron: Favola

Absentee ballots; electronic transmission by general registrars. Provides that when a voter who is eligible to request to receive certain absentee voting materials, including the absentee ballot, by electronic transmission so requests, the email address or fax number used by the general registrars to send such materials shall be the official email address or fax number of the office of the general registrar. The bill does not provide for the return by electronic means of a voted absentee ballot.

A BILL to amend and reenact § 24.2-706 of the Code of Virginia, relating to absentee ballots; electronic transmission by general registrar.

16101327D

S.B. 143

Patron: Edwards

Elections; absentee voting by persons age 65 or older. Entitles persons who will be age 65 or older on the date 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.

16101939D

S.B. 188

Patron: Miller

Elections; absentee voting by persons age 65 or older. Entitles persons who will be age 65 or older on the date 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.

16101472D

S.B. 190

Patron: Miller

Voting systems; use of direct recording electronic machines. Prohibits the use of direct recording electronic machines (DREs) in elections on and after July 1, 2017. The governing bodies of counties and cities have been prohibited from acquiring DREs for use in elections since July 1, 2007, but under current law the use of previously acquired DREs is permitted for the remainder of their useful life.

A BILL to amend and reenact §§ 24.2-626 and 24.2-627 of the Code of Virginia, relating to voting systems; use of direct recording electronic machines.

16101491D

S.B. 191

Patron: Miller

Voter referendum; independent redistricting commission. Provides for a statewide referendum on the question of whether the General Assembly should adopt a resolution to propose an amendment to the Constitution of Virginia that would establish an independent redistricting commission to create and propose redistricting plans for House of Delegates, Senate of Virginia, and congressional districts. The results would be advisory only and are intended only to demonstrate the preference of the citizens of the Commonwealth on the manner in which electoral districts are created. The referendum would be held at the November 2016 general election.

A BILL to provide for a statewide advisory referendum relating to the establishment of an independent redistricting commission in Virginia.

16101814D

S.B. 303

Patron: Ebbin

State Board of Elections; meetings to hear complaints. Requires the State Board of Elections to meet on the Tuesday immediately preceding any election to hear and consider action on any complaints received by the Department of Elections. The bill also authorizes the State Board to conduct a subsequent meeting, upon the call of the chair or the call of two members, to hear any new complaints. Such meeting shall be held no later than the Friday immediately preceding the election and notice shall be posted on the official website of the Department of Elections no later than 24 hours prior to the meeting. The State Board may refer any complaint to the Attorney General for investigation and prosecution.

A BILL to amend and reenact § 24.2-103 of the Code of Virginia, relating to duties of the State Board of Elections; meetings to hear complaints.

16102244D

S.B. 308

Patron: Hanger

Vacancies in constitutional offices; special elections. Allows the governing body of a county or city in which a vacancy in a constitutional office has occurred to request in its petition for a writ of election that the circuit court order the special election to be held at the next ensuing general election and allows the court to issue such writ. The bill also authorizes the governing body to petition the circuit court to request that no special election be ordered when the vacancy occurs within the 12 months immediately preceding the end of the term of that office and requires the court to grant such a request. The bill also contains technical amendments.

A BILL to amend and reenact § 24.2-228.1 of the Code of Virginia, relating to vacancies in constitutional offices; timing of special election.

16103711D

S.B. 315

Patron: Dance

Voting equipment; locking and sealing of voting and counting machines after election. Provides that if a voting or counting machine secured by removal of a data storage device containing the only record of votes cast for any office or on any question and the machine itself does not contain such a record, that machine is not required to remain locked and sealed until the deadline to request a recount has passed or any contest or recount has been concluded. The sealed envelopes containin the equipment keys for such machines are required to be delivered to the electoral board no later than noon on the day following the election. The bill also provides that the requirements for locking and sealing voting equipment do not apply to any ballot marking device and its data storage device provided to meet accessibility requirements, where the number of persons voting in the election or the number of votes cast for any office or on any question are not recorded by the ballot marking device. All other voting systems are subject to current provisions for the locking and sealing of equipment.

A BILL to amend and reenact § 24.2-659 of the Code of Virginia, relating to voting equipment; locking and sealing of voting and counting machines after election.

16101528D

S.B. 316

Patron: Dance

Contests of election for certain elections; service of process. Requires that contestees in a contest of (i) a primary election for the United States House of Representatives, the General Assembly, or a local office or (ii) any election for a local office be served by the contestant with a copy of the complaint within 30 days following the date of the election in the case of a general election and within 10 days following the date of the election in the case of a primary or special election held on a date other than that of a general election.

A BILL to amend and reenact § 24.2-808 of the Code of Virginia, relating to contests of election for certain elections; service of process.

16101529D

S.B. 320

Patron: Barker

Elections; absentee voting by persons age 65 or older. Entitles persons who will be age 65 or older on the date 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.

16102445D

S.B. 381

Patron: Vogel

Election day program; permitted activities of participants. Allows election pages participating in the election day program for high school students to assist in the arrangement of voting equipment, furniture, and any other materials for the conduct of the election. The bill would also allow election pages to assist in the counting of unmarked ballots prior to the opening of the polls, at the direction and under the direct supervision of the chief officer of election, but prohibits election pages from handling or touching ballots in any other circumstance. Currently, participants in the election day program are prohibited from handling or touching ballots, voting machines, and other official election materials. The bill requires the election pages receive, from a person designated by the electoral board, training on the duties, responsibilities, and prohibited conduct of election pages.

A BILL to amend and reenact § 24.2-604 of the Code of Virginia, relating to election day program; permitted activities of participants.

16103090D

S.B. 439

Patron: Obenshain

Voter identification; photograph and identifying information contained in electronic pollbook; challenge of voter. Requires electronic pollbooks to contain a photograph and identifying information received by the Department 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 prohibits lists of voters furnished pursuant to current law from containing any voter's photograph or identifying physical information. The bill also provides that if the electronic pollbook contains the voter's photograph and identifying information, the officer of election is required to access that photograph and identifying information and the voter is not required to present one of the statutorily required forms of identification however, the bill requires the officer of election to challenge the voter's vote if the voter does not appear to be the same person depicted in the photograph or in the pollbook. The bill has a delayed effective date of July 1, 2017.

A BILL to amend and reenact §§ 24.2-404, 24.2-405, 24.2-406, 24.2-444, 24.2-611, 24.2-643, 24.2-651, and 46.2-208.1 of the Code of Virginia, relating to voter identification; photograph and identifying information contained in electronic pollbook; challenge to voter.

16101744D

S.B. 460

Patron: Vogel

Voter registration; notification to other states of a person's registration in Virginia. Requires the general registrars, when registering any person who was previously registered in another state, to notify the appropriate authority in that state of the person's registration in Virginia by providing, through the Department of Elections, an electronic copy of that person's registration application.

A BILL to amend and reenact § 24.2-114 of the Code of Virginia, relating to voter registration; notification to other states of a person's registration in Virginia.

16101790D

S.B. 490

Patron: DeSteph

Uniform Military and Overseas Voters Act; applying for and casting military-overseas ballots. Provides that any active duty member of a uniformed service who has been called to duty for deployment to a combat zone shall be permitted to use his digital signature associated with his Common Access Card issued by the U.S. Department of Defense to sign his application for a military-overseas ballot, the statement of voter accompanying his cast military-overseas ballot, and any other related documents. The bill also requires the system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information to be capable of accepting the submission of voted military-overseas ballots cast by active duty member of a uniformed service who has been called to duty for deployment to a combat zone.

A BILL to amend and reenact § 24.2-455 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-458.1, relating to the Uniform Military and Overseas Voters Act; applying for and casting military-overseas ballots.

16103934D

S.B. 495

Patron: Sturtevant

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.

16100929D

S.B. 574

Patron: McEachin

Officers of election; required training. Requires all officers of election to receive training every two years and whenever a change is made to the election laws or regulations that alters the duties and conduct of the officers. The State Board of Elections is required to develop standardized training programs and provide standardized training materials for use by the electoral boards and general registrars in conducting the training for the officers of election. The bill requires that such materials be reviewed every two years in the year immediately following a general election for federal office. The bill also requires the electoral boards to certify to the State Board that the officers of election have received the required training and that such information be made available on the Department of Elections website.

A BILL to amend and reenact §§ 24.2-103 and 24.2-115 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-115.2, relating to officers of election; required training.

16101969D

S.B. 588

Patrons: Suetterlein, Obenshain

Constitutional amendment (voter referendum); charter schools. Provides for a referendum at the November 8, 2016, election to approve or reject an amendment to grant the Board of Education the authority to establish charter schools within the school divisions of the Commonwealth, subject to any criteria or conditions that the General Assembly may prescribe.

A BILL to provide for the submission to the voters of a proposed amendment to Section 5 of Article VIII of the Constitution of Virginia, relating to the establishment of charter schools.

16100905D

S.B. 603

Patron: Howell

Absentee voting; no-excuse in-person available 21 days prior to election. Allows for any registered voter to vote by absentee ballot in person in any election in which he is qualified to vote without providing a reason or making prior application for an absentee ballot. The bill makes absentee voting in person available beginning the twenty-first day prior to the election and ending at 5:00 p.m. on the Saturday immediately preceding the election. The bill retains the current provisions for voting an absentee ballot by mail, including the application requirement and the list of statutory reasons.

A BILL to amend and reenact §§ 24.2-612, 24.2-700, 24.2-701, 24.2-706, and 24.2-707 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-701.1, relating to absentee voting; no-excuse in-person available 21 days prior to election.

16103418D

S.B. 650

Patron: Cosgrove

Voter registration by political party affiliation; primary elections. Adds party affiliation, beginning January 1, 2017, to the information that an applicant is asked to provide when registering to vote. The applicant may indicate that he is an independent. Voters registered prior to January 1, 2017, will be designated as independent unless they provide a political party designation in writing to the general registrar. Voters may change their party affiliation or independent status by written notice at any time before the registration records are closed prior to an election. The state party chairman of each political party must notify the State Board of Elections by January 31 of each year of the rules adopted by the duly constituted authorities of the state political party governing who may participate in the party's primaries held from April 1 of that year through March 31 of the following year.

A BILL to amend and reenact §§ 24.2-530 and 24.2-535 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 24.2-418.01, 24.2-423.1, and 24.2-516.1, relating to voter registration by political party affiliation; primary elections.

16103319D

S.B. 664

Patron: Surovell

Ballots; candidates for school boards. Provides that the names of candidates for school boards shall be listed on the ballot in an order determined by the order of the priority of time of filing for that office. Currently, all candidates not nominated by a political party or a recognized political party are listed on the ballot in alphabetical order. The bill contains technical amendments.

A BILL to amend and reenact § 24.2-613 of the Code of Virginia, relating to form of ballot; order of candidates for school board.

16100725D

S.B. 672

Patron: Lewis

Redistricting process. Provides a new method for the preparation of state legislative and congressional redistricting plans; spells out standards for developing plans, including population equality, compactness, maintenance of cores of existing districts, and respect for locality boundaries; precludes consideration of incumbency and political data in developing plans; assigns responsibility to the Division of Legislative Services to prepare plans for submission to the General Assembly; and establishes a temporary redistricting advisory commission to advise the Division, disseminate information on plans, and hold hearings for public reaction to plans. The General Assembly may reject the Division's plans and may ultimately amend the plans. This bill is patterned after the Iowa redistricting process.

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 through 24.2-301.7, relating to preparation of and standards for state legislative and congressional redistricting plans; establishment of a temporary redistricting advisory commission.

16104152D

S.J.R. 6

Patron: Obenshain

Constitutional amendment (second 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.

16100904D

S.J.R. 90

Patron: Vogel

Confirming Governor's appointments of certain persons. Confirms appointments of certain persons made by Governor McAuliffe after August 1, 2015, and communicated to the General Assembly on October 1, 2015.

Confirming appointments by the Governor of certain persons communicated October 1, 2015.

16100423D

S.J.R. 91

Patron: Vogel

Confirming Governor's appointments of certain persons. Confirms appointments of certain persons originally made by Governor McAuliffe between February 11, 2015, and July 31, 2015, reappointed on September 17, 2015, and communicated to the General Assembly on October 1, 2015.

Confirming appointments by the Governor of certain persons communicated October 1, 2015.

16100424D

S.J.R. 92

Patron: Vogel

Confirming Governor's appointments of certain persons. Confirms appointments of certain persons made by Governor McAuliffe between October 1, 2015, and November 30, 2015, and communicated to the General Assembly on December 1, 2015.

Confirming appointments by the Governor of certain persons communicated December 1, 2015.

16101953D

S.J.R. 93

Patrons: Suetterlein, Obenshain

Constitutional amendment (voter referendum); charter schools. Provides by resolution for a referendum at the November 8, 2016, election to approve or reject an amendment to grant the Board of Education the authority to establish charter schools within the school divisions of the Commonwealth, subject to any criteria or conditions that the General Assembly may prescribe.

Submitting to the voters a proposed amendment to the Constitution of Virginia in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia.

16101757D