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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2020 SESSION
Chair: R. Creigh Deeds
Date of Meeting: February 25, 2020
Time and Place: 15 minutes after adjournment of the Senate / Senate Room 3
Patron: Cole, M.L.
Provisional voting; persons voting in split precincts. Provides that any voter who is assigned to a precinct that is split between two or more election districts and who believes he was given a ballot for the district of which he is not a qualified voter may request, prior to casting the ballot, and shall be permitted to cast a provisional ballot for the district of which he believes he is a qualified voter and for the district in which the pollbook indicates he is registered. The bill requires the ballots to be sealed in envelopes labeled with the corresponding district number and then sealed in the green envelope provided for all provisional ballots. At the meeting to determine the validity of all provisional ballots offered in the election, the electoral board shall verify in which district the voter is qualified and count that ballot.
A BILL to amend and reenact § 24.2-653 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-653.2, relating to provisional voting; persons voting in split precincts.20100823D
Patron: Levine
Presidential electors; National Popular Vote Compact. Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term. This bill incorporates HB 199.
A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 24.2 an article numbered 2.1, consisting of sections numbered 24.2-209.1 and 24.2-209.2, relating to the presidential electors and the Agreement Among the States to Elect the President by National Popular Vote Compact.20107262D
Patron: Price
Recounts; special election to be held in the case of a tie vote. Provides that if, after a recount of an election, the recount court finds that each party to the recount has received an equal number of votes, there shall be a special election to determine which candidate is elected to the office. This provision would not apply in cases of recounts of elections for Governor, Lieutenant Governor, or Attorney General; the Constitution of Virginia sets out the process for determining a winner in the case of tie votes for statewide offices. This bill incorporates HB 178 and HB 692.
A BILL to amend and reenact § 24.2-802, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to recounts; special election to be held in the case of a tie vote.20107626D
Patron: Sullivan
Candidate petitions; residency of petition circulators; signed statement required for nonresident circulators. Removes the requirement that a person circulating a petition of qualified voters be a legal resident of the Commonwealth. The bill requires a nonresident petition circulator to sign a statement on the affidavit accompanying the petition that he consents to the jurisdiction of the courts of Virginia in resolving any disputes concerning the circulation of petitions, or signatures contained therein, by that person. The signatures of qualified voters collected by a nonresident petition circulator who fails to sign such statement, or who later fails to appear or produce documents when properly served with a subpoena to do so, shall not be counted towards the minimum number of signatures required by law.
A BILL to amend and reenact §§ 24.2-506, 24.2-521, and 24.2-543 of the Code of Virginia, relating to candidate petitions; residency of petition circulators; signed statement required for nonresident circulators.20100434D
Patron: Willett
Distribution of mail voter registration application forms; certain public and private institutions of higher education. Requires the Department of Elections to provide a reasonable number of mail voter registration application forms to public institutions of higher education, nonprofit private institutions of higher education that are eligible to participate in the Tuition Assistance Grant Program, and any other education institution that is authorized to issue bonds. The bill requires the State Council of Higher Education for Virginia to assist the Department by providing a list of such institutions and by requesting those institutions to make the mail voter registration application forms available to students.
A BILL to amend and reenact § 24.2-416.3 of the Code of Virginia, relating to distribution of mail voter registration application forms; certain public and private institutions of higher education.20100301D
Patron: Sickles
Protected voter status; certain evidence not required. Removes the requirement that a person who is in fear for his personal safety from another person who has threatened or stalked him must provide evidence that he has filed a complaint with a magistrate or law-enforcement official against such other person in order to be granted protected voter status. The bill does not eliminate the requirement that he submit a signed written statement that he is in fear for his personal safety for him to be granted protected voter status.
A BILL to amend and reenact § 24.2-418 of the Code of Virginia, relating to protected voter status; certain evidence not required.20101468D
Patron: VanValkenburg
Redistricting; Virginia Redistricting Commission; standards and criteria. Establishes the Virginia Redistricting Commission (the Commission) pursuant to Article II, Sections 6 and 6-A of the Constitution of Virginia. The Commission, tasked with establishing districts for the United States House of Representatives and for the Senate and the House of Delegates of the General Assembly, will consist of eight legislative commissioners and eight citizen commissioners. The legislative commissioners consist of four members of the Senate of Virginia and four members of the House of Delegates, with equal representation given to the political parties having the highest and next highest number of members in their respective houses. The citizen commissioners are chosen by a selection committee consisting of five retired judges of the circuit courts of Virginia, from lists submitted to the selection committee by the Speaker of the House of Delegates, the leader in the House of Delegates of the political party having the next highest number of members in the House of Delegates, the President pro tempore of the Senate of Virginia, and the leader in the Senate of the political party having the next highest number of members in the Senate. The bill contains eligibility requirements for the citizen commissioners, including restrictions on holding or having held partisan national or state public office. As part of the application process for service on the Commission, the Division of Legislative Services acts as a repository for applications submitted by interested persons and is tasked with screening out applicants who are ineligible or submit incomplete applications. The applications of the citizen candidates selected by political leadership and submitted for consideration to the selection committee are public records.
The bill also directs the Division of Legislative Services to provide staff support to the Commission in the redistricting of congressional and state legislative districts. The Commission is required to submit to the General Assembly plans of districts within certain time periods, and the bill sets out criteria by which the districts are to be drawn, including equal population, racial and ethnic fairness, communities of interest, contiguity, and compactness. The bill prohibits a map of districts from unduly favoring or disfavoring any political party when considered on a statewide basis.
The bill provides for the preparation and use of adjusted population data for redistricting and reapportionment purposes to reflect the reallocation of persons incarcerated in federal, state, and local correctional facilities. Persons incarcerated in such a facility whose address at the time of incarceration was in the Commonwealth are to be counted at that address and persons incarcerated in such a facility whose address at the time of incarceration was outside of the Commonwealth or cannot be determined are to be counted at the facility.
Provisions to ensure public participation in the redistricting process are included.
If efforts to establish districts fail, the Supreme Court of Virginia is responsible for establishing districts, and the bill directs the Court to enact rules and procedures for doing so. The rules and procedures enacted by the Court are required to allow public participation in the Court's redistricting deliberations, to provide for the Division of Legislative Services to provide staff support and technical assistance to the Court, and to ensure districts established by the Court adhere to constitutional and statutory criteria. The bill directs the Court to appoint two special masters to assist in the establishment of districts, from lists submitted by the legislative leaders of the majority and minority political parties.
The bill has a contingent effective date of November 15, 2020, provided that the voters approve the amendments to Article II of the Constitution of Virginia, amending Section 6 and adding Section 6-A, at the November 2020 general election.
20106862D
Patron: VanValkenburg
Elections; preclearance of certain covered practices required. Requires the governing body of a covered jurisdiction, prior to enacting or seeking to administer any voting qualification or prerequisite to voting, or any standard, practice, or procedure with respect to voting, that is a covered practice, to either (i) institute an action in the circuit court for the jurisdiction for a declaratory judgment that the covered practice neither has the purpose or effect of denying or abridging the right to vote on account of race or color or membership in a language minority group nor will it result in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise or (ii) submit such covered practice to the Office of the Attorney General for issuance of a certification that no objection exists to the enactment or administration by the covered jurisdiction of the covered practice. A covered practice cannot be given effect until the circuit court has entered such judgement or the Attorney General has issued such certification. The bill provides to a covered jurisdiction the right to appeal an objection by the Attorney General and to an aggrieved citizen the right to appeal the Attorney General's issuance of a certification of no objection. A "covered jurisdiction" is defined to mean any county, city, or town that is determined by the Attorney General to have a voting age population that contains two or more racial or ethnic groups, each constituting at least 20 percent of its voting age population. The bill also defines "covered practice."
A BILL to amend the Code of Virginia by adding a section numbered 24.2-304.1:1, relating to elections; preclearance of certain covered practices required.20106652D
Patron: VanValkenburg
Constitutional amendment (voter referendum); apportionment; Virginia Redistricting Commission. Provides for a referendum at the November 3, 2020, election to approve or reject amendments to the Constitution of Virginia establishing the Virginia Redistricting Commission and providing for the reapportionment of the Commonwealth to be done by such Commission. If approved by the voters, the amendments would become effective on November 15, 2020.
A BILL to provide for the submission to the voters of a proposed amendment to Section 6 of Article II of the Constitution of Virginia and a proposed amendment to the Constitution of Virginia by adding in Article II a section numbered 6-A, relating to apportionment; Virginia Redistricting Commission.20100576D
Patron: Bourne
Voter registration by mail; certain first-time voters permitted to vote by absentee ballot. Adds to the list of exceptions to the requirement that first-time voters who registered to vote by mail must vote in person those voters who are entitled under current law to vote by absentee ballot because they are confined while awaiting trial or for having been convicted of a misdemeanor. The bill incorporates HB 185.
A BILL to amend and reenact § 24.2-416.1 of the Code of Virginia, relating to voter registration by mail; certain first-time voters permitted to vote by absentee ballot.20107265D
Patron: Adams, D.M.
Elections; political campaign advertisements; definition of campaign telephone calls and telephone call; text messages. Adds text messages to the definition of campaign telephone calls. The bill also defines "telephone call" as any single telephone call or text message, electronic or otherwise, that when combined with other telephone calls constitutes campaign telephone calls.
A BILL to amend and reenact § 24.2-955.1 of the Code of Virginia, relating to elections; political campaign advertisements; definition of campaign telephone calls and telephone call; text messages.20101982D
Patron: Hudson
Political parties; notification of adoption of primary election; certification of candidates. Directs the state political party chairmen, or their designees, to notify the Department of Elections of the party's adoption of a primary election for any office. The bill also directs state political party chairmen, or their designees, to certify to the Department of Elections the names of any candidate who has been nominated by the party through a nomination method other than a primary. Currently, these notification and certification responsibilities are shared by the state, district, and political subdivision party committee chairmen for their respective offices. The bill also provides that if a state party chairman, or his designee, fails to certify the name of a candidate for an office, the Department of Elections shall declare that there is no candidate nominated by the party for that office. The bill contains technical amendments that reflect the current administrative responsibilities of the Department of Elections.
A BILL to amend and reenact §§ 24.2-511, 24.2-516, 24.2-517, and 24.2-527 of the Code of Virginia, relating to political parties; notification of adoption of primary election; certification of candidates.20102715D
Patron: Tran
Minority language accessibility; voting and election materials. Requires the State Board of Elections to prescribe, and a covered locality to provide, voting and election materials in languages other than English. A county, city, or town is designated by the State Board as a covered locality if the State Board determines, in consultation with the Director of the Census, based on the 2010 American Community Survey census data and subsequent American Community Survey data in five-year increments, or comparable census data, that (i) either (a) more than five percent of the citizens of voting age of such county, city, or town are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process; (b) more than 10,000 of the citizens of voting age of such county, city, or town are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process; or (c) in the case of a county, city, or town containing all or any part of an Indian reservation, more than five percent of the American Indian citizens of voting age within the Indian reservation are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process and (ii) the illiteracy rate of the citizens of the language minority as a group is higher than the national illiteracy rate. The bill also allows the State Board to make available voting and election materials in any additional languages other than those required as it deems necessary and appropriate. The State Board may accept voting and election materials translated by volunteers but shall verify the accuracy of such translations prior to making the translated materials available to a county, city, or town, or any voter. The bill has a delayed effective date of September 1, 2021.
A BILL to amend and reenact § 24.2-105 of the Code of Virginia and to amend the Code of Virginia by adding in Article 6 of Chapter 1 of Title 24.2 a section numbered 24.2-124, relating to minority language accessibility; voting and election materials.20103702D
Patron: Price
Standards and criteria for congressional and state legislative districts. Provides criteria by which congressional and state legislative districts are to be drawn. Such criteria include equal population requirements, with a deviation of no more than five percent permitted for state legislative districts; compliance with laws and judicial decisions relating to racial and ethnic fairness; preservation of communities of interest, which are defined to mean a neighborhood or any geographically defined group of people living in an area who share similar social, cultural, and economic interests; and compactness and contiguity. The bill also includes provisions of the Voting Rights Act of 1965, as amended, related to redistricting, prohibiting the drawing of districts in ways that improperly dilute minority populations' voting power. Maps of districts, when considered on a statewide basis, are prohibited from unduly favoring or disfavoring any political party. The bill further provides for the preparation and use of adjusted population data for redistricting and reapportionment purposes to reflect the reallocation of persons incarcerated in federal, state, and local correctional facilities. Persons incarcerated in such a facility whose address at the time of incarceration was in the Commonwealth are to be counted at that address and persons incarcerated in such a facility whose address at the time of incarceration was outside of the Commonwealth or cannot be determined are to be counted at the facility.
A BILL to amend and reenact §§ 24.2-304.1, 30-265, and 53.1-10 of the Code of Virginia and 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, by adding in Chapter 3 of Title 24.2 an article numbered 5, consisting of a section numbered 24.2-314, and by adding a section numbered 53.1-5.2, relating to redistricting; congressional and state legislative districts; standards and criteria; population data.20107097D
Patron: Price
Redistricting; Virginia Redistricting Advisory Commission; standards and criteria. Establishes the Virginia Redistricting Advisory Commission (the Commission), a statutory legislative commission tasked with proposing districts for the United States House of Representatives and for the Senate and the House of Delegates of the General Assembly that adhere to certain constitutional and statutory criteria and that will be submitted for consideration and adoption by the General Assembly. The Commission will consist of eight legislative commissioners and eight citizen commissioners. The legislative commissioners consist of four members of the Senate of Virginia and four members of the House of Delegates, with equal representation given to the political parties having the highest and next highest number of members in their respective houses. The citizen commissioners are chosen by a selection committee consisting of five retired judges of the circuit courts of Virginia, from lists submitted to the selection committee by the Speaker of the House of Delegates, the leader in the House of Delegates of the political party having the next highest number of members in the House of Delegates, the President pro tempore of the Senate of Virginia, and the leader in the Senate of the political party having the next highest number of members in the Senate. The bill contains eligibility requirements for the citizen commissioners, including restrictions on holding or having held partisan national or state public office. As part of the application process for service on the Commission, the Division of Legislative Services acts as a repository for applications submitted by interested persons and is tasked with screening out applicants who are ineligible or submit incomplete applications. The applications of the citizen candidates selected by political leadership and submitted for consideration to the selection committee are public records.
The bill also directs the Division of Legislative Services to provide staff support to the Commission in the redistricting of congressional and state legislative districts. The Commission is required to submit to the General Assembly plans of districts within certain time periods, and the bill sets out criteria by which the districts are to be drawn, including equal population, racial and ethnic fairness, communities of interest, contiguity, and compactness. The bill prohibits a map of districts from unduly favoring or disfavoring any political party when considered on a statewide basis.
The bill provides for the preparation and use of adjusted population data for redistricting and reapportionment purposes to reflect the reallocation of persons incarcerated in federal, state, and local correctional facilities. Persons incarcerated in such a facility whose address at the time of incarceration was in the Commonwealth are to be counted at that address and persons incarcerated in such a facility whose address at the time of incarceration was outside of the Commonwealth or cannot be determined are to be counted at the facility.
Provisions to ensure public participation in the redistricting process are included, including requirements that meetings are video recorded and transcribed and the archived videos and transcripts be made available on the Commission's website. The bill also requires a series of public hearings to be conducted prior receipt of Census data and at least public hearings to be held prior to voting to submit any plan to the General Assembly.
The General Assembly may reject initial plans developed by the Commission and provide information to the Commission regarding the reasons for rejecting such plans. The General Assembly is limited in its ability to amend plans until multiple plans have been submitted and rejected.
20107764D
Patron: Lindsey
Election day; extending polling hours. Extends from 7:00 p.m. to 8:00 p.m. the time at which polls close on election day. The bill aligns candidate filing deadlines and party nomination deadlines with the closing of polls. The bill provides that these changes will not become effective unless reenacted by the 2021 Session of the General Assembly. The bill incorporates HB 1643.
A BILL to amend and reenact §§ 24.2-503, 24.2-507, 24.2-510, 24.2-603, 24.2-700, as it is currently effective and as it shall become effective, and 24.2-701, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to extending polling place hours and other related deadlines.20107627D