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2015 SESSION
15101760DBe it enacted by the General Assembly of Virginia:
1. That §§ 24.2-405, 24.2-406, 24.2-407.1, 24.2-653, and 58.1-609.1 of the Code of Virginia are amended and reenacted as follows:
§ 24.2-405. Lists of registered voters.
A. The State Board Department of Elections shall furnish
provide, at a reasonable price, lists of registered voters for their districts to (i) courts of the Commonwealth and the United States
for jury selection purposes, (ii) candidates for election or political party
nomination to further their candidacy, (iii) political party committees or
officials thereof for political purposes only, (iv) political action committees
that have filed a current statement of organization with the State Board
pursuant to § 24.2-949.2, or with the Federal Elections Commission pursuant to
federal law, for political purposes only, (v) incumbent officeholders to report
to their constituents, (vi) nonprofit organizations that promote voter
participation and registration for that purpose only, and (vii) commissioners
of the revenue, as defined in § 58.1-3100, and treasurers, as defined in §
58.1-3123, for tax assessment, collection, and enforcement purposes persons requesting such lists for political and
governmental purposes. The
lists shall be furnished to no one else and used for no other purpose. However,
the State Board is authorized to furnish information from the voter
registration system to general registrars for their official use and to the
Department of Motor Vehicles and other appropriate state agencies for
maintenance of the voter registration system, and to the Chief Election
Officers of other states for maintenance of voter registration systems. Permissible political
and governmental purposes shall include providing address information to the United
States Bureau of the Census or to
the Clerks of the Senate and the House of Delegates for maintenance of a
database of constituent addresses. For the purposes of this
section, the Department of Elections shall include as a
factor in determining a
reasonable price the costs of the equipment and technology required to
operate the systems used to produce the lists.
B. The State Board shall
furnish, at a reasonable price, lists of the addresses of registered voters for
their localities to local government census liaisons and their staffs for the
sole purpose of providing address information to the United States Bureau of
the Census. The State Board shall also furnish, at a reasonable price, such
lists to the Clerk of the Senate and the Clerk of the House of Delegates for
the sole purpose of maintaining a database of constituent addresses for the
General Assembly. The information authorized under this subsection shall be
furnished to no other person and used for no other purpose. No list furnished
under this subsection shall contain the name of any registered voter. For the
purpose of this subsection, the term "census liaison" shall have the
meaning provided in 13 U.S.C. § 16.
C. Lists provided by the Department of Elections may
include absentee status, voting history, and other information about a voter
that is reasonably related to the political or governmental purpose for which
it was requested. In no event shall any list furnished
under this section contain the social security number, or any part thereof, of
any registered voter except a list furnished to a court of the Commonwealth or
of the United States for jury selection purposes, a commissioner of the revenue
or a treasurer for tax assessment, collection, and enforcement purposes, or to
the Chief Election Officer of another state permitted to use social security
numbers, or any parts thereof, that provides for the use of such numbers on
applications for voter registration in accordance with federal law, for
maintenance of voter registration systems.
D. C. Any list furnished under
subsection A of this section shall contain
the post office box address in lieu of the residence street address for any
individual who has furnished at the time of registration or subsequently, in
addition to his street address, a post office box address pursuant to
subsection B of § 24.2-418.
D. All persons
receiving lists pursuant to this section shall sign a statement,
subject to felony penalties for making false statements pursuant to §
24.2-1016, on a form approved by the Department of Elections that
the provided list is government property and is to be used only for political
and governmental purposes.
§ 24.2-406. Lists of persons voting at elections.
A. The State Board shall
furnish, at a reasonable price,
electoral boards shall submit the lists of persons who
voted at any primary, special, or general election held
in the four preceding years to (i) candidates for election or political party
nomination to further their candidacy, (ii) political party committees or
officials thereof for political purposes only, (iii) political action
committees that have filed a current statement of organization with the State
Board pursuant to § 24.2-949.2 or with the Federal Elections Commission
pursuant to federal law, for political purposes only, (iv) incumbent
officeholders to report to their constituents, and (v) members of the public or
a nonprofit organization seeking to promote voter participation and registration
by means of a communication or mailing without intimidation or pressure exerted
on the recipient, for that purpose only. Such lists shall be furnished to no
one else and shall be used only for campaign and political purposes and for
reporting to constituents. Unless such lists are not available due to a pending
recount or election contest, the electoral board shall submit the list of
persons who voted to the
State Board Department of Elections within 60 14 days after each election, unless such lists are not available due to a
pending recount or election contest. The
electoral boards of localities using nonelectronic
pollbooks shall submit the list of persons who voted to the
Department of Elections within seven days
after the pollbooks are released from the possession of the clerk of court.
The State Board Department of Elections
shall make available such lists no later than seven days after receiving them
from the electoral board.
B. The State Board Department of Elections
shall furnish to the Chief Election Officer of another state, on request and at
a reasonable price, lists of persons who voted at any primary, special, or
general election held for the four preceding years. Such lists shall be used
only for the purpose of maintenance of voter registration systems and shall be
transmitted in accordance with security policies approved by the State Board of
Elections.
C. In no event shall any list furnished under this section contain the social security number, or any part thereof, of any registered voter, except for a list furnished to the Chief Election Officer of another state permitted to use social security numbers, or any parts thereof, that provides for the use of such numbers on applications for voter registration in accordance with federal law, for maintenance of voter registration systems.
D. Any list furnished under this section shall contain the post office box address in lieu of the residence street address for any individual who has furnished at the time of registration or subsequently, in addition to his street address, a post office box address pursuant to subsection B of § 24.2-418.
§ 24.2-407.1. Prohibition on disclosure of social security numbers or parts thereof.
It shall be unlawful for any person who has obtained, under § 24.2-405 or 24.2-406 or any prior law, a list of persons registered or voting which contained social security numbers, or any parts thereof, to disclose any voter's social security number, or any part thereof, to any other person. Any person maintaining a system containing social security numbers, or any parts thereof, obtained from the Board or the Department of Elections shall delete or destroy the portion of his records containing those numbers, except for a list furnished to a court of the Commonwealth or of the United States for jury selection purposes, a commissioner of the revenue, as defined in § 58.1-3100, or a treasurer, as defined in § 58.1-3123, for tax assessment, collection, and enforcement purposes, or the Chief Election Officer of another state, permitted to use social security numbers, or any parts thereof, that provides for the use of such numbers on applications for voter registration in accordance with federal law, for the purpose of matching voter registration lists.
§ 24.2-653. Voter whose name does not appear on pollbook or who is marked as having voted; handling of provisional ballots; ballots cast after normal close of polls due to court order extending polling hours.
A. When a person offers to vote pursuant to § 24.2-652 and the general registrar is not available or cannot state that the person is registered to vote, then such person shall be allowed to vote by printed ballot in the manner provided in this section. This procedure shall also apply when required by § 24.2-643 or 24.2-651.1.
Such person shall be given a printed ballot and provide,
subject to the penalties for making false statements pursuant to § 24.2-1016,
on a green envelope supplied by the State Board Department of Elections,
the identifying information required on the envelope, including the last four
digits of his social security number, if any, full name including the maiden or
any other prior legal name, date of birth, complete address, and signature.
Such person shall be asked to present one of the forms of identification
specified in subsection B of § 24.2-643. The officers of election shall note on
the green envelope whether or not the voter has presented one of the specified
forms of identification. The officers of election shall enter the appropriate
information for the person in the precinct provisional ballots log in
accordance with the instructions of the State Board but shall not enter a
consecutive number for the voter on the pollbook nor otherwise mark his name as
having voted. The officers of election shall provide an application for
registration to the person offering to vote in the manner provided in this
section.
The voter shall then, in the presence of an officer of election, but in a secret manner, mark the printed ballot as provided in § 24.2-644 and seal it in the green envelope. The envelope containing the ballot shall then promptly be placed in the ballot container by an officer of election.
An officer of election, by a written notice given to the voter, shall (i) inform him that a determination of his right to vote shall be made by the electoral board, (ii) advise the voter of the beginning time and place for the board's meeting and of the voter's right to be present at that meeting, and (iii) inform a voter voting provisionally when required by § 24.2-643 that he may submit a copy of one of the forms of identification specified in subsection B of § 24.2-643 to the electoral board by facsimile, electronic mail, in-person submission, or timely United States Postal Service or commercial mail delivery, to be received by the electoral board no later than noon on the third day after the election. At the meeting, the voter may request an extension of the determination of the provisional vote in order to provide information to prove that the voter is entitled to vote in the precinct pursuant to § 24.2-401. The electoral board shall have the authority to grant such extensions which it deems reasonable to determine the status of a provisional vote.
B. The provisional votes submitted pursuant to subsection A, in their unopened envelopes, shall be sealed in a special envelope marked "Provisional Votes," inscribed with the number of envelopes contained therein, and signed by the officers of election who counted them. All provisional votes envelopes shall be delivered either (i) to the clerk of the circuit court who shall deliver all such envelopes to the secretary of the electoral board or (ii) to the general registrar in localities in which the electoral board has directed delivery of election materials to the general registrar pursuant to § 24.2-668.
The electoral board shall meet on the day following the election and determine whether each person having submitted such a provisional vote was entitled to do so as a qualified voter in the precinct in which he offered the provisional vote. If the board is unable to determine the validity of all the provisional ballots offered in the election, or has granted any voter who has offered a provisional ballot an extension as provided in subsection A, the meeting shall stand adjourned, not to exceed seven calendar days from the date of the election, until the board has determined the validity of all provisional ballots offered in the election.
One authorized representative of each political party or independent candidate in a general or special election or one authorized representative of each candidate in a primary election shall be permitted to remain in the room in which the determination is being made as an observer so long as he does not participate in the proceedings and does not impede the orderly conduct of the determination. Each authorized representative shall be a qualified voter of any jurisdiction of the Commonwealth. Each representative, who is not himself a candidate or party chairman, shall present to the electoral board a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. Such statement, bearing the chairman's or candidate's original signature, may be photocopied and such photocopy shall be as valid as if the copy had been signed.
Notwithstanding the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), attendance at meetings of the electoral board to determine the validity of provisional ballots shall be permitted only for the authorized representatives provided for in this subsection, for the persons whose provisional votes are being considered and their representative or legal counsel, and for appropriate staff and legal counsel for the electoral board.
If the electoral board determines that such person was not
entitled to vote as a qualified voter in the precinct in which he offered the
provisional vote, is unable to determine his right to vote, or has not been
provided one of the forms of identification specified in subsection B of §
24.2-643, the envelope containing his ballot shall not be opened and his vote
shall not be counted. The provisional vote shall be counted if (a) such person
is entitled to vote in the precinct pursuant to § 24.2-401 or (b) the State Board Department of Elections
or the voter presents proof that indicates the voter submitted an application
for registration to the Department of Motor Vehicles or other state-designated
voter registration agency prior to the close of registration pursuant to §
24.2-416 and the registrar determines that the person was qualified for
registration based upon the application for registration submitted by the
person pursuant to subsection A. The general registrar shall notify in writing
pursuant to § 24.2-114 those persons found not properly registered or whose
provisional vote was not counted.
If the electoral board determines that such person was entitled to vote, the name of the voter shall be entered in a provisional votes pollbook and marked as having voted, the envelope shall be opened, and the ballot placed in a ballot container without any inspection further than that provided for in § 24.2-646.
On completion of its determination, the electoral board shall proceed to count such ballots and certify the results of its count. Its certified results shall be added to those found pursuant to § 24.2-671. No adjustment shall be made to the statement of results for the precinct in which the person offered to vote. However, any voter who cast a provisional ballot and is determined by the electoral board to have been entitled to vote shall have his name included on the list of persons who voted that is submitted to the Department of Elections pursuant to § 24.2-406.
The certification of the results of the count together with all ballots and envelopes, whether open or unopened, and other related material shall be delivered by the electoral board to the clerk of the circuit court and retained by him as provided for in §§ 24.2-668 and 24.2-669.
C. Whenever the polling hours are extended by an order of a
court of competent jurisdiction, any ballots marked after the normal polling
hours by persons who were not already in line at the time the polls would have
closed, notwithstanding the court order, shall be treated as provisional
ballots under this section. The officers of election shall mark the green envelope
for each such provisional ballot to indicate that it was cast after normal
polling hours due to the court order, and when preparing the materials to
deliver to the registrar or electoral board, shall separate these provisional
ballots from any provisional ballots used for any other reason. The electoral
board shall treat these provisional ballots as provided in subsection B;
however, the counted and uncounted provisional ballots marked after the normal
polling hours shall be kept separate from all other ballots and recorded in a
separate provisional ballots pollbook. The
State Board Department of Elections shall provide instructions to the electoral
boards for the handling and counting of such provisional ballots pursuant to
this section.
§ 58.1-609.1. Governmental and commodities exemptions.
The tax imposed by this chapter or pursuant to the authority granted in §§ 58.1-605 and 58.1-606 shall not apply to the following:
1. Fuels which are subject to the tax imposed by Chapter 22 (§ 58.1-2200 et seq.). Persons who are refunded any such fuel tax shall, however, be subject to the tax imposed by this chapter, unless such taxes would be specifically exempted pursuant to any provision of this section.
2. Motor vehicles, trailers, semitrailers, mobile homes and travel trailers.
3. Gas, electricity, or water when delivered to consumers through mains, lines, or pipes.
4. Tangible personal property for use or consumption by the Commonwealth, any political subdivision of the Commonwealth, or the United States. This exclusion shall not apply to sales and leases to privately owned financial and other privately owned corporations chartered by the United States. Further, this exemption shall not apply to tangible personal property which is acquired by the Commonwealth or any of its political subdivisions and then transferred to private businesses for their use in a facility or real property improvement to be used by a private entity or for nongovernmental purposes other than tangible personal property acquired by the Herbert H. Bateman Advanced Shipbuilding and Carrier Integration Center and transferred to a Qualified Shipbuilder as defined in the third enactment of Chapter 790 of the 1998 Acts of the General Assembly.
5. Aircraft subject to tax under Chapter 15 (§ 58.1-1500 et seq.).
6. Motor fuels and alternative fuels for use in a commercial watercraft, as defined in § 58.1-2201, upon which a fuel tax is refunded pursuant to § 58.1-2259.
7. Sales by a government agency of the official flags of the United States, the Commonwealth of Virginia, or of any county, city or town.
8. Materials furnished by the State Board of Elections
pursuant to §§ 24.2-404 through 24.2-407 24.2-406.
9. Watercraft as defined in § 58.1-1401.
10. Tangible personal property used in and about a marine terminal under the supervision of the Virginia Port Authority for handling cargo, merchandise, freight and equipment. This exemption shall apply to agents, lessees, sublessees or users of tangible personal property owned by or leased to the Virginia Port Authority and to property acquired or used by the Authority or by a nonstock, nonprofit corporation that operates a marine terminal or terminals on behalf of the Authority.
11. Sales by prisoners confined in state correctional facilities of artistic products personally made by the prisoners as authorized by § 53.1-46.
12. Tangible personal property for use or consumption by the Virginia Department for the Blind and Vision Impaired or any nominee, as defined in § 51.5-60, of such Department.
13. [Expired.]
14. Tangible personal property sold to residents and patients of the Virginia Veterans Care Center at a canteen operated by the Department of Veterans Services.
15. Tangible personal property for use or consumption by any nonprofit organization whose members include the Commonwealth and other states and which is organized for the purpose of fostering interstate cooperation and excellence in government.
16. Tangible personal property purchased for use or consumption by any soil and conservation district which is organized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of Chapter 5 of Title 10.1.
17. Tangible personal property sold or leased to Alexandria Transit Company, Greater Lynchburg Transit Company, GRTC Transit System, or Greater Roanoke Transit Company, or to any other transit company that is owned, operated, or controlled by any county, city, or town, or any combination thereof, that provides public transportation services, and/or tangible personal property sold or leased to any county, city, or town, or any combination thereof, that is transferred to any of the companies set forth in this subdivision owned, operated, or controlled by any county, city, or town, or any combination thereof, that provides public transportation services.
18. (Effective until July 1, 2017) Qualified products designated as Energy Star or WaterSense with a sales price of $2,500 or less per product purchased for noncommercial home or personal use. The exemption provided by this subdivision shall apply only to sales occurring during the four-day period that begins each year on the Friday before the second Monday in October and ends at midnight on the second Monday in October.
For the purposes of this exemption, an Energy Star qualified product is any dishwasher, clothes washer, air conditioner, ceiling fan, compact fluorescent light bulb, dehumidifier, programmable thermostat, or refrigerator, the energy efficiency of which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each such agency's requirements under the Energy Star program. For the purposes of this exemption, WaterSense qualified products are those that have been recognized as being water efficient by the WaterSense program sponsored by the U.S. Environmental Protection Agency as indicated by a WaterSense label.
2. That § 24.2-407 of the Code of Virginia is repealed.