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2019 SESSION

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(SB1455)

GOVERNOR'S VETO

 

    Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 1455. Senate Bill 1455 would increase the membership of the Board of Elections (Board) from three to five members and gives the Board, rather than the Governor, the power to appoint the Commissioner of Elections.

    This legislation creates a structure that sets up the Board and the Department of Elections for potential challenges. This legislation seeks to adopt a board structure similar to the Federal Election Commission (FEC), an entity faced with dysfunction in recent years. The FEC appointees’ inability to come to a consensus has meant failure to fill key leadership positions. This legislation would also hinder the Governor’s ability to appoint the leadership of an executive branch agency by requiring that four out of five Board members agree on a Commissioner of Elections. This could lead to delays or a lack of appointment all together. In a state that has an election every few months, it is imperative that Virginia’s electoral system have steady leadership.

    Accordingly, I veto this bill.

     

GOVERNOR'S RECOMMENDATION

 

    1. Line 2, enrolled, Title, after §§

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    2. Line 2, enrolled, Title, after 24.2-102

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        , [the comma]

    3. Line 7, enrolled, after §§

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        , [the comma]

    5. Line 9, enrolled

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        all of lines 9 through 51

    6. Line 68, enrolled, after years

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        , which shall begin on February 1 of the year of the appointment

    7. Line 83, enrolled, after B. The

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        Board

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        Governor

    8. Line 85, enrolled, after appointed

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        by the Board

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        the remainder of line 87 and all of lines 88 and 89

 

    10. Line 91, enrolled, after Board.

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        the remainder of line 91 and all of line 92

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        Board

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        Governor

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        Board

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        Governor

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        Board

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        Governor

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        all of lines 159 and 160

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        the remainder of line 162, all of lines 163 through 169, and through 2022 on line 170

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        one member, representing the political party of the Governor, shall be appointed for a term to expire January 31, 2021; one member, representing the political party that had the next highest number of votes in the Commonwealth for Governor at the last preceding gubernatorial election, shall be appointed for a term to expire January 31, 2022; one member, representing the political party of the Governor, shall be appointed for a term to expire January 31, 2023; one member, representing the political party that had the next highest number of votes in the Commonwealth for Governor at the last preceding gubernatorial election, shall be appointed for a term to expire January 31, 2024; and one member, representing the political party of the Governor, shall be appointed for a term to expire January 31, 2025

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        all of lines 174 through 177