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1995 SESSION

LD8661483
HOUSE BILL NO. 2211
Offered January 23, 1995
A BILL to amend and reenact §§ 24.2-613 and 24.2-640 of the Code of Virginia, relating to ballots, the form of ballots, and political party designations for candidates.
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Patrons--Wardrup, Albo, Griffith, Katzen, McClure, McDonnell, Wagner, Way and Wilkins; Senators: Quayle and Stolle
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Referred to Committee on Privileges and Elections
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Be it enacted by the General Assembly of Virginia:

1. That §§ 24.2-613 and 24.2-640 of the Code of Virginia are amended and reenacted as follows:

§ 24.2-613. Form of ballot.

The ballots shall be white paper without any distinguishing mark or symbol and shall contain the names of all the candidates qualifying to have their names printed on the official ballot as provided by law. Their names shall be printed in black ink, immediately below the office for which they have qualified as candidates. The names on the ballot shall be in clear print; each name shall be on a separate line; and the type used in printing the ballots shall be plain roman type, not smaller than twelve-point pica. Immediately to the left of and on the same line with the name of each candidate shall be printed a square, not less than one-quarter, nor more than one-half inch in size, printed thus:

□ JOHN DOE

Each candidate who has been nominated by a political party or in a primary election shall be identified by the name of his political party. Each independent candidate shall be identified, in the space for the name of a political party, by the word or words provided by him on his declaration of candidacy to identify him to the voters. The identifying word or words may be “Independent” or an alternative descriptive word or words which will identify the candidate to the voters. The space on the ballot for the political party name shall be left blank if the independent candidate does not state any identifying word or words on his declaration of candidacy. The identifying word or words shall not be identical or substantially similar to the name of any political party qualifying under § 24.2-101. The State Board shall provide for space on the declaration of candidacy to implement this paragraph and appropriate instructions, including necessary limitations on the length of any identifying word or words. The State Board shall be authorized to provide for space on the ballot for the political party name or alternative identifying word or words by limiting the use of candidate nicknames and first names on the ballot as necessary.

Except as provided for primary elections, the State Board shall determine by lot the order of the political parties, and the names of all candidates for a particular office shall appear together in the order determined for their parties. In an election district in which more than one person is nominated by one political party for the same office, the candidates' names shall appear alphabetically in their party groups under the name of the office, with sufficient space between party groups to indicate them as such. For the purpose of this section and § 24.2-640, except as provided for presidential elections in § 24.2-614, independent candidates shall be treated as a class under "Independent"; their names shall be placed on the ballot after the political parties; and where there is more than one independent candidate for an office, their names shall appear alphabetically.

No names of political parties shall appear on the ballot, except as provided in § 24.2-614 for presidential elections.

No individual's name shall appear on the ballot more than once for the same office.

In preparing the ballots for general, special and primary elections, the State Board and electoral boards shall cause to be printed in not less than ten-point type, immediately below the title of any office, a statement of the number of candidates who may be voted for that office. The following language shall be used: "Vote for not more than ............

§ 24.2-640. Ballots generally.

In every county and city using mechanical or direct electronic voting systems requiring printed ballots, the electoral board shall furnish a sufficient number of ballots printed on plain white paper, of such form and size as will fit the ballot frames. The names of the various candidates shall be printed in type not less than fourteen point. On mechanical devices, the name of the office for which candidates are offering for election shall be printed in reverse printing or overlaid with a colored plastic strip.

Party nominations Each candidate who has been nominated by a political party or in a primary election shall be identified by the name of his political party. Independent candidates shall be identified as provided in § 24.2-613. All candidates shall be arranged on each device or other ballot to be electronically counted, either in columns or horizontal rows, and the caption of the various ballots on the devices shall be placed so that the voter knows what feature is to be used or operated to vote for his choice. No push knob, key lever or other device shall be used to vote for any candidate other than on an individual basis except for presidential electors. In districts in which more than one person is nominated by a single party for the same office, the nominations for each party shall be grouped together in a separate row or column, or placed with sufficient space between party groups to indicate them as such names of the candidates shall appear alphabetically within their party groups. The provisions of general law concerning ballots shall apply unless in conflict with this section.

2. That the provisions of this act shall become effective on January 1, 1996.