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2018 SESSION

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Senate Committee on Privileges and Elections

Chairman: Jill Holtzman Vogel

Clerk: Hobie Lehman
Staff: Meg Lamb
Date of Meeting: February 6, 2018
Time and Place: 15 minutes after adjournment/Senate Room 3, The Capitol
Interview C. Piper, appointed Commissioner, Dept. of Elections

S.B. 26

Patron: Spruill

Method of nominating party candidates; certain incumbents to determine method. Provides that incumbent constitutional officers shall have the right to determine the method of making party nominations for that constitutional office. If the incumbent constitutional officer does not designate a method or if no incumbent offers as a candidate for reelection to the office, the political party shall determine the method of nomination for that office. Currently, only incumbent General Assembly members have the right to designate the method of nomination.

S.B. 591

Patron: Vogel


Post-election risk-limiting audits. Requires electoral boards and general registrars to conduct post-election risk-limiting audits with a five percent risk limit for federal and statewide election contests for every election in which a voting system is used. The risk-limiting audit is required to be completed prior to certifying the results of the election being audited. The risk-limiting audits are to be conducted in accordance with standards and procedures developed by the State Board of Elections (State Board). The bill provides that representatives of candidates and political parties and other lawfully present observers are entitled to observe the risk-limiting audit and requires that they be able to adequately monitor the audit process to determine whether it has been carried out correctly and to evaluate whether the correct ballots were audited and whether they agree with the auditors' determination of voter intent for each audited ballot. Voter intent during the risk-limiting audit is to be determined manually and directly from original, voter-verifiable ballots cast and counted in the election and from paper record copies. The bill provides that the State Board may order a partial or full recount of an election or may issue a writ for a new election if it determines that an elections official failed to comply with the requirements for conducting the risk-limiting audit. The State Board is directed to convene a work group to assist with the development of standards and procedures for preparing for and conducting post-election risk-limiting audits, and the work group, through the State Board, shall submit to the Governor and General Assembly an interim progress report by December 1, 2018, and a final report by December 1, 2019, of the standards and procedures for preparing for and conducting post-election risk-limiting audits and any legislative proposals that may be necessary to implement and administer the audits. The bill repeals the current law regarding risk-limiting audits, and the new post-election risk-limiting audit process does not become effective unless reenacted by the 2020 Session of the General Assembly.

S.B. 820

Patron: Cosgrove

Voter registration by political party affiliation; primary elections. Adds party affiliation, beginning January 1, 2019, 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, 2019, 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 to be held from April 1 of that year through March 31 of the following year.

S.B. 825

Patron: Edwards

State Board of Elections; membership; appointment of Commissioner of Elections. Increases the membership of the State Board of Elections (Board) from three members to five members and increases the terms of Board members from four years to five years. Representation shall be given to each of the political parties having the highest and next highest number of votes in the Commonwealth at the last preceding gubernatorial election, with three Board members being of the party of the Governor. Terms are initially staggered. The bill also grants to the Board the authority to appoint and remove the Commissioner of Elections, subject to confirmation by the General Assembly, to head the Department of Elections and to act as the principal administrative officer. The appointment or removal of the Commissioner shall require an affirmative vote of four of the five Board members. The bill requires the Board to submit an annual report to the Governor and the General Assembly. The bill has a delayed effective date of January 1, 2019.

S.B. 976

Patron: DeSteph

Party nominating methods.

S.J.R. 99

Patron: Vogel

Confirming Governor's appointments; January 22. Confirms appointments of Secretaries, Chief of Staff, and advisor to the Governor made by Governor Ralph Northam and communicated to the General Assembly January 22, 2018.

S.J.R. 100

Patron: Vogel

Confirming Governor's appointments; January 22. Confirms appointments of agency heads and certain persons made by Governor Ralph Northam and communicated to the General Assembly January 22, 2018.