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2012 SESSION

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Senate Committee on Privileges and Elections

Chairman: Mark D. Obenshain

Clerk: Hobie Lehman, Bonnie Shelhorse
Staff: M. Spain, D. Cotter, J. Austin
Date of Meeting: January 31, 2012
Time and Place: 4:00 PM / Senate Room A

S.B. 1

Patron: Martin

Voter identification requirements; provisional ballots.  Eliminates the provision that allows a voter to sign a sworn statement that he is the named registered voter he claims to be in lieu of showing identification and provides instead for the voter to cast a provisional ballot if he cannot provide a required form of identification. The bill also provides that, in order to determine whether a person who cast a provisional ballot is a qualified voter, an electoral board may rely on a faxed copy of a person's identification. The bill also removes a Commonwealth of Virginia voter registration card from the list of forms of identification that a voter can present to demonstrate that he is a qualified voter.

A BILL to amend and reenact §§ 24.2-643, 24.2-651.1, 24.2-653, and 24.2-701 of the Code of Virginia, relating to elections; voting procedures; voter identification requirements.

12100190D

S.B. 55

Patron: Obenshain

Elections; voter identification requirements; absentee voting eligibility and procedures.  Revises the list of items that a voter may show to prove identification at the polls. The bill adds to the list several items now allowed to prove the identity of first-time voters for federal elections who registered by mail: a copy of a current utility bill, bank statement, government check, or paycheck that shows the name and address of the voter. The bill deletes the provision that allows a voter to sign a sworn statement that he is the named registered voter he claims to be in lieu of showing identification and provides instead for the voter to cast a provisional ballot if he cannot provide a required form of identification.

A BILL to amend and reenact §§ 24.2-643, 24.2-651.1, 24.2-653, and 24.2-701 of the Code of Virginia, relating to voter identification requirements; persons eligible to vote absentee; applications for absentee ballots.

12100289D

S.B. 62

Patron: Stanley

Primary elections; voter registration by political party.  Adds party affiliation to the information that an applicant is asked to provide when registering to vote. The applicant may indicate that he is an independent. Voters registered prior to January 1, 2013, will be designated as independent unless they provide a political party designation in writing to the general registrar. Voters may change their party affiliation or independent status by written notice at any time before the registration records are closed prior to an election. The state party chairman of each political party must notify the State Board of Elections by January 31 of each year of the party rules governing who may participate in the party primary.

A BILL to amend and reenact §§ 24.2-530 and 24.2-535 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 24.2-418.2, 24.2-423.1, and 24.2-516.1, relating to voter registration by political party; primary elections.

12100717D

S.B. 63

Patron: Stanley

Elections; solicitation of absentee ballot applications or ballots.  Makes it unlawful for anyone to solicit, in person, absentee ballot applications or ballots from individuals in any hospital, nursing home, or assisted living facility. The prohibition does not apply to family members or to general or assistant registrars, electoral board members, or their staffs. A violation of the section is a Class 1 misdemeanor under § 24.2-1017.

A BILL to amend the Code of Virginia by adding a section numbered 24.2-701.1, relating to solicitation of absentee ballot applications and ballots in hospitals, nursing homes, and assisted living facilities.

12101355D

S.B. 188

Patron: Miller, J.C.

Absentee voting; application by electronic mail or other electronic means. Provides that the State Board of Elections shall implement a system to accept absentee ballot applications electronically. Currently, an applicant may request and receive, but not submit, an absentee ballot application electronically.

A BILL to amend and reenact § 24.2-701 of the Code of Virginia, relating to elections; absentee ballot applications.

12101645D

S.B. 240

Patron: Obenshain

Constitutional amendment (voter referendum); taking or damaging of private property; public use.  Provides for a referendum at the November 6, 2012, election to approve or reject an amendment eliminating the General Assembly's authority to define a public use for which private property may be taken or damaged and (i) requiring that eminent domain be exercised for public uses and not for the primary purpose of private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development; (ii) defining what is to be included in determining just compensation for permissible takings; and (iii) prohibiting the taking of more private property than is necessary for the stated public use.

A BILL to provide for the submission to the voters of a proposed amendment to Section 11 of Article I of the Constitution of Virginia, relating to taking or damaging of private property.

12103236D

S.B. 244

Patron: Obenshain

Primary elections; voter registration by political party.  Adds party affiliation to the information that an applicant is asked to provide when registering to vote. The applicant may indicate that he is an independent. The bill requires the State Board of Elections, in September 2012, to notify all registered voters of the new party registration law and send them a return card to indicate their party affiliation or independent status. Voters may change their party affiliation or independent status by written notice at any time before the registration records are closed in advance of an election. The state party chairman must notify the State Board by January 31 of each year whether the party will close or open its primaries. Further, the bill (i) adds a requirement that primary candidate petitions must be signed by voters registered as members of the party conducting the primary, (ii) sets the required number of petition signatures at one percent of the number of voters registered as members of the party in the election district where the primary is being held, and (iii) allows an official political party to retain that status so long as at least 15 percent of the Commonwealth's registered voters are registered as members of that party.

A BILL to amend and reenact §§ 24.2-101, 24.2-521, 24.2-530, and 24.2-535 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 24.2-418.2, 24.2-423.1, and 24.2-516.1, relating to voter registration by political party; primary elections, and definitions.

12102755D

S.B. 366

Patron: Deeds

Interstate Compact on the Placement of Children.  Makes numerous revisions to the Interstate Compact on the Placement of Children, including clarification of the purposes of the compact; powers, duties, and roles of member states; and requirements for interstate placements of children. The bill also establishes the Interstate Commission on the Placement of Children, which shall promulgate rules and take steps to ensure effective implementation of the goals, purposes, and obligations of the compact; provide for dispute resolution among member states; and enforce compliance with the compact.

A BILL to amend and reenact § 63.2-1000 of the Code of Virginia, relating to the Interstate Compact on the Placement of Children.

12102543D

S.B. 465

Patron: Northam

Appointment, compensation, and offices of general registrars. Provides that all general registrars shall serve on a full-time basis. The bill takes effect on enactment of an appropriation to effectuate its purposes.

A BILL to amend and reenact §§ 24.2-110, 24.2-111, and 24.2-411 of the Code of Virginia, relating to elections; appointment, compensation, and offices of general registrars.

12103290D

S.B. 510

Patron: Wagner

Elections and ballots. Allows write-in votes in primary elections. This bill has an emergency clause.

A BILL to amend and reenact §§ 24.2-529 and 24.2-644 of the Code of Virginia, relating to elections and primary ballots.

12103860D

EMERGENCY

S.B. 663

Patron: Smith

Elections; persons permitted to vote; identification requirements.  Adds concealed handgun permits to the list of acceptable forms of identification to vote.

A BILL to amend and reenact §§ 24.2-643 and 24.2-651.1 of the Code of Virginia, relating to elections; persons permitted to vote; identification requirements.

12102154D

S.J.R. 3

Patron: Obenshain

Constitutional amendment (second resolution); taking or damaging of private property; public use.  Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.

Proposing an amendment to Section 11 of Article I of the Constitution of Virginia, relating to taking or damaging of private property.

12100006D

S.J.R. 67

Patron: McDougle

Constitutional amendment (second resolution); taking or damaging of private property; public use. Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.

Proposing an amendment to Section 11 of Article I of the Constitution of Virginia, relating to taking or damaging of private property.

12102332D

S.J.R. 97

Patron: Obenshain

Confirming Governor's appointments of certain persons. Confirms appointments to various positions made by Governor McDonnell and communicated to the General Assembly October 3, 2011.

Confirming appointments by the Governor of certain persons communicated October 3, 2011.

12103361D

S.J.R. 98

Patron: Obenshain

Confirming Governor's appointments of certain persons.  Confirms appointments to various positions made by Governor McDonnell and communicated to the General Assembly December 1, 2011.

Confirming appointments by the Governor of certain persons communicated December 1, 2011.

12101374D

S.J.R. 99

Patron: Obenshain

Confirming Governor's appointments of certain persons.  Confirms appointments to various positions made by Governor McDonnell and communicated to the General Assembly August 1, 2011.

Confirming appointments by the Governor of certain persons communicated August 1, 2011.

12103360D

S.J.R. 117

Patron: Deeds

Constitutional amendment (second resolution); taking or damaging of private property; public use. Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.

Proposing an amendment to Section 11 of Article I of the Constitution of Virginia, relating to taking or damaging of private property.

12104151D

S.J.R. 125

Patron: Obenshain

Confirming Governor's appointments of certain persons.  Confirms appointments to various positions made by Governor McDonnell and communicated to the General Assembly January 10, 2012.

Confirming appointments by the Governor of certain persons communicated January 10, 2012.

12103994D

S.J.R. 130

Patron: Barker

Ratifying the Equal Rights Amendment to the United States Constitution.

Ratifying the Equal Rights Amendment to the United States Constitution.

12104512D