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1995 SESSION

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(SB911)

JOINT CONFERENCE COMMITTEE REPORT

We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on Senate Bill No. 911, report as follows:

A. We recommend that the House Amendments be rejected.

B. We recommend that the engrossed bill be amended as follows to resolve the matter under disagreement.

1. Page 3, engrossed, after line 2

      Insert

      3a. Indicate on the registration records for each accepted mail voter registration application form returned by mail pursuant to Article 3.1 (§ 24.2-416.1 et seq.) of Chapter 4 of this title that the registrant has registered by mail. The general registrar shall fulfill this duty in accordance with the instructions of the State Board so that those persons who registered by mail are identified on the registration records, lists of registered voters furnished pursuant to § 24.2-405, lists of persons who voted furnished pursuant to § 24.2-406, and precinct registered voter lists used for the conduct of elections.

      2. Page 4, engrossed, line 27, after purposes.

      insert

      Each application form distributed under this section shall be accompanied by the following statement featured prominently in boldface capital letters: WARNING: INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT ON THIS FORM CONSTITUTES THE CRIME OF ELECTION FRAUD, WHICH IS PUNISHABLE UNDER VIRGINIA LAW AS A FELONY. VIOLATORS MAY BE SENTENCED TO UP TO TEN YEARS' IMPRISONMENT, OR UP TO 12 MONTHS IN JAIL, AND FINED UP TO $2,500.

      3. Page 5, engrossed, line 6, after available

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      on the premises of the agency

      4. Page 5, engrossed, line 12, after shall

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      make the following services available on the premises of the agency

      5. Page 5, engrossed, line 34, after Board

      strike

      . (period)

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      ; and

      f. The following statement accompanying the form which features prominently in boldface capital letters: WARNING: INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT ON THIS FORM CONSTITUTES THE CRIME OF ELECTION FRAUD, WHICH IS PUNISHABLE UNDER VIRGINIA LAW AS A FELONY. VIOLATORS MAY BE SENTENCED TO UP TO TEN YEARS' IMPRISONMENT, OR UP TO 12 MONTHS IN JAIL, AND FINED UP TO $2,500.

      6. Page 7, engrossed, line 3, at the beginning of the line

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      A.

      7. Page 7, engrossed, after line 4

        insert

        B. Any person, who registers to vote by mail pursuant to this article and who has not previously voted in the county or city in which he registers to vote, shall be required to vote in person. However, this requirement to vote in person shall not apply to a person (i) who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. § 1973ff-1 et seq.); (ii) who is provided the right to vote otherwise than in person under § 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. § 1973ee-1(b)(2)(B)(ii)); (iii) who is entitled to vote otherwise than in person under other federal law; or (iv) who is a full-time student in an institution of higher learning.

        8. Page 7, engrossed, after line 13

      insert

      Each mail registration form shall be accompanied by the following statement featured prominently in boldface capital letters: WARNING: INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT ON THIS FORM CONSTITUTES THE CRIME OF ELECTION FRAUD, WHICH IS PUNISHABLE UNDER VIRGINIA LAW AS A FELONY. VIOLATORS MAY BE SENTENCED TO UP TO TEN YEARS' IMPRISONMENT, OR UP TO 12 MONTHS IN JAIL, AND FINED UP TO $2,500.

      9. Page 10, engrossed, line 29

      strike

      all of lines 29 through 31

      insert

2. That, except as provided in the third enactment clause of this act, the provisions of this act shall become effective on January 1, 1996, except to the extent provided pursuant to the following three provisions:

A. an enactment of the Congress of the United States becomes effective before January 1, 1996, which repeals or suspends the National Voter Registration Act of 1993, in whole or in part, in which case those provisions of this act which implement the provisions of the National Voter Registration Act that are repealed or suspended by the Congress shall not take effect; or

B. an enactment of the Congress of the United States becomes effective before January 1, 1996, which amends the National Voter Registration Act of 1993 to provide for a date later than January 1, 1996, for the required implementation of the Act, in whole or in part, in Virginia, in which case those provisions of this act which implement the provisions of the National Voter Registration Act of 1993 for which implementation is delayed shall not take effect until the later implementation date set by the enactment of the Congress; or

C. the Governor, or his designated representative, has filed suit on behalf of the Commonwealth, in a court of competent jurisdiction and obtained an injunction or stay, effective on or before January 1, 1996, which delays the implementation of the National Voter Registration Act of 1993 in the Commonwealth, in which case the provisions of this act shall not become effective while the injunction or stay remains in effect and during the timely application for the continuation or reinstatement of the injunction pending an appeal by the Commonwealth.

3. That the provisions contained in Article 3.1 (§ 24.2-416.1 et seq.) and subsection B of § 24.2-411.2 of this act shall become effective on July 1, 1995. Furthermore, the agencies of the Commonwealth shall be authorized to take appropriate actions beginning July 1, 1995, to prepare for the implementation of this act upon its effective date.