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2023 SESSION

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Senate Committee on Privileges and Elections
Subcommittee Subcommittee #1

Surovell (Chair), Ruff, McDougle, McClellan, Bell, Spruill

Clerk: Hobie Lehman, Hannah Dockery
Staff: Brooks Braun
Date of Meeting: January 24, 2023
Time and Place: Upon Adjournment of Senate Privileges and Elections/Senate Room 3

S.B. 1328

Patrons: McClellan, Boysko

Removal of officers; elected officers and officers appointed to elected office; recall election. Provides for the removal of elected officers and officers appointed to elected offices, other than those whose removal is specifically provided for in the Constitution of Virginia, through a recall election. The bill provides that an officer is subject to a recall election only after both (i) an application for recall election petition with the required number of official sponsors has been filed with and found to be legally sufficient by the general registrar and (ii) a recall election petition with the required number of voter signatures has been filed with and found to be legally sufficient by the general registrar. The bill requires more than 50 percent of the votes cast in a recall election to be affirmative for recall and removal in order for the officer to be removed and the office to be vacated.

A BILL to amend and reenact §§ 24.2-101, 24.2-230, 24.2-233, as it is currently effective and as it shall become effective, 24.2-234, 24.2-235, 24.2-236, 24.2-682, and 24.2-945.1 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 24.2-233.1 and 24.2-233.2 and by adding in Article 5 of Chapter 6 of Title 24.2 a section numbered 24.2-688; and to repeal §§ 24.2-237 and 24.2-238 of the Code of Virginia, relating to removal of elected officers and certain appointed officers; recall election.

23102764D

S.B. 1431

Patron: Surovell

Procedure for removal of elected and certain appointed officers by courts. Sets out the procedure by which, and clarifies the reasons for which, an elected officer or officer who has been appointed to fill an elective office may be removed from office. The bill requires, among other things, that (i) the general registrar review the petition and determine its sufficiency in accordance with the uniform standards approved by the State Board of Elections; (ii) the general registrar certify the petition within 10 business days and promptly file such certification with the clerk of the circuit court; and (iii) the certification state the number of signatures required, the number of signatures on the petition, and the number of valid signatures, along with any signatures found to be invalid and any material omissions from the petition. The bill also provides that the Commonwealth and the elected officer shall be the only two parties to a removal proceeding. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact §§ 24.2-233, as it is currently effective and as it shall become effective, and 24.2-235 through 24.2-238 of the Code of Virginia, relating to procedure for removal of elected and certain appointed officers by courts.

23100264D

S.J.R. 223

Patron: Locke

Constitutional amendment (first reference); qualifications of voters; right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution of Virginia shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution of Virginia provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

Proposing an amendment to Section 1 of Article II of the Constitution of Virginia, relating to qualifications of voters; right to vote; persons not entitled to vote.

23100705D

S.J.R. 224

Patron: Chase

Constitutional amendment (first reference); General Assembly; term limits. Limits members of the Senate to three full terms (12 years) and members of the House of Delegates to six full terms (12 years). The limitations apply to service for both consecutive and nonconsecutive terms. Service for a partial term does not preclude serving the allowed number of full terms. The limits apply to terms of service beginning on and after the start of the 2024 Regular Session of the General Assembly.

Proposing an amendment to Section 4 of Article IV of the Constitution of Virginia, relating to qualifications for members of the General Assembly; term limits.

23100915D

S.J.R. 235

Patron: Peake

United States Constitution; application for a convention of the states. Makes application to Congress to call a convention of the states to propose amendments to the United States Constitution that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.

Applying to the Congress of the United States to call an amendment convention of the states pursuant to Article V of the United States Constitution limited to proposing amendments to the United States Constitution that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.

23101386D

S.J.R. 242

Patron: Ebbin

Constitutional amendment (first reference); 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." The provisions of this section of the Constitution of Virginia are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015).

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

23100429D

S.J.R. 247

Patron: Hashmi

Constitutional amendment (first reference); tax and finance; exempt property; affordable housing tax exemption. Amends the Constitution of Virginia by providing that the General Assembly may by general law authorize the governing body of any county, city, town, or regional government to provide for the exemption from local real property taxation, or a portion thereof, within such restrictions and upon such conditions as may be prescribed, of real estate owned and occupied by persons of low income or low financial worth.

Proposing an amendment to Section 6 of Article X of the Constitution of Virginia, relating to tax and finance; exempt property; affordable housing tax exemption.

23103108D

S.J.R. 254

Patron: Obenshain

Constitutional amendment (first reference); charter schools. Grants to the Board of Education the authority, subject to criteria and conditions as the General Assembly may prescribe, 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 establishment of charter schools.

23102665D

S.J.R. 255

Patrons: McClellan, Boysko

Constitutional amendment (first reference); fundamental right to reproductive freedom. Provides that every individual has the fundamental right to reproductive freedom and that the right to make and effectuate one's own decisions about all matters related to one's pregnancy cannot be denied, burdened, or otherwise infringed upon by the Commonwealth, unless justified by a compelling state interest and achieved by the least restrictive means. The amendment prohibits the Commonwealth from penalizing, prosecuting, or otherwise taking adverse action against an individual for exercising the individual's right to reproductive freedom or for aiding another individual in the exercise of such right, unless justified by a compelling state interest.

Proposing an amendment to the Constitution of Virginia by adding in Article I a section numbered 11-A, relating to the fundamental right to reproductive freedom.

23100026D