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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2018 SESSION
Chairman: Jill Holtzman Vogel
Clerk: Hobie Lehman
Staff: Meg Lamb
Date of Meeting: January 23, 2018
Time and Place: 15 minutes after adjournment/Senate Room 3, The Capitol
Updated to add SJR 77
Patron: Ebbin
Statements of organization; campaign depository account number required. Requires the statement of organization filed by candidates and candidate campaign committees to include the account number of the campaign depository in addition to the name of the financial institution. No statement of organization made available for public inspection shall contain the account number of the campaign depository.
Patron: Spruill
Method of nominating party candidates; certain incumbents to determine method. Provides that incumbent constitutional officers shall have the right to determine the method of making party nominations for that constitutional office. If the incumbent constitutional officer does not designate a method or if no incumbent offers as a candidate for reelection to the office, the political party shall determine the method of nomination for that office. Currently, only incumbent General Assembly members have the right to designate the method of nomination.
Patron: Howell
Presidential candidates; federal tax returns and state income tax returns required for ballot access. Requires any person seeking the nomination of the national political party for the office of the President or Vice President, in order to have his name appear on the primary or general election ballot, to submit to the State Board his federal tax returns and any income tax returns filed in any state from each year of the five-year period immediately preceding the general election. Any person selected by other groups not qualifying as a political party is also required to submit such returns in order to have his name printed on the general election ballot. The bill requires that such tax returns be publicly available on the Department of Elections website after certain redactions are made.
Patron: Edwards
Elections; removal and revision of obsolete provisions. Repeals and revises several obsolete elections-related statutes. This bill is a recommendation of the Code Commission.
Patron: Edwards
Voter registration; notice and public access not required for certain voter registration events. Provides that voter registration conducted in a high school and voter registration events sponsored or conducted by an entity or organization which the general registrar or an assistant registrar attends as an invitee are not required to be open to the public. Currently, opportunities for voter registration are required to be provided at sites open to the public. The bill also provides that notice is not required for voter registration that is not open to the public.
Patron: Spruill
Form of ballot; party identification of candidates. Provides that any candidate for a constitutional office who is nominated by a political party or in a primary election shall be identified on the ballot by the name of his political party. The constitutional offices are clerk of the circuit court, attorney for the Commonwealth, sheriff, commissioner of the revenue, and treasurer. Currently, only candidates for federal, statewide, and General Assembly offices are so identified. The bill contains a technical amendment.
Patron: Edwards
Elections; ascertainment of results by the electoral board; write-in votes. Changes one of the criteria for determining when an electoral board is required to ascertain the total votes for each write-in candidate for an office from when less than five percent of the total number of votes cast for that office are write-in votes to when less than 20 percent of the total number of votes cast for that office are write-in votes.
Patron: Edwards
Office of the general registrar; open five days a week. Provides that the office of the general registrar in all counties and cities is to be open a minimum of five days a week. Under current law, counties with a population of less than 10,000 and cities with a population of less than 7,500 are required to be open a minimum of three days a week, and additional days may be required by the general appropriation act.
Patron: Edwards
Assistants to general registrars; full-time status. Clarifies that when determining the number of assistant registrars to serve in the office of the general registrar, the electoral board may include any to serve full-time. Currently, Russell County is required to have at least one full-time assistant registrar; counties and cities with populations exceeding 15,500 are required to have at least one part-time assistant registrar; and counties and cities with populations less than 15,500 are required to have at least one substitute registrar. The bill does not amend any of those mandates.
Patron: Edwards
Elections; form of ballot; order of independent candidates. Clarifies the documents that independent candidates must file to appear on a ballot and requires the offices that receive the documents to record the time and date of the filing so as to establish a "time of filing for the office," defined in the bill. The bill specifies that a candidate is responsible for providing proof of the dates and times at which all relevant documents have been filed and that the general registrar or the Department of Elections is required to give to the candidate or candidate's designee a written receipt with the time and date of the completed filing. The general registrar or Department of Elections is also required to maintain a copy of the receipt until the election has been certified and there are no contests pending.
Patron: Wexton
Voter identification; accepted forms of identification. Adds to the list of accepted forms of identification for purposes of voting a valid identification card that contains a photograph of the voter and is issued by any private entity that is licensed or certified, in whole or in part, by the State Department of Health, the Department of Social Services, the Department of Medical Assistance Services, or the Department of Behavioral Health and Developmental Services. Under current law, an employee of any such private entity is permitted to use his employee identification card for purposes of voting, provided that the card contains a photograph of the voter; the bill allows a resident or other person who receives services from such private entity to use a valid identification card issued by the private entity for purposes of voting, provided that the card contains a photograph of the voter.
Patron: Suetterlein
Form of ballot; party identification of candidates. Provides that any candidate nominated by a political party or at a primary election shall be identified on the ballot by the name of his political party, unless a provision of a local charter provides to the contrary. Currently, only candidates for federal, statewide, and General Assembly offices are so identified. The bill contains a technical amendment.
Patron: Suetterlein
Campaign Finance Disclosure Act of 2006; campaign committees; electronic filing requirement. Requires candidates for local and constitutional office in localities with a population of more than 70,000 to file their campaign finance reports with the State Board of Elections by computer or other electronic means in accordance with standards approved by the State Board of Elections.
Patron: McClellan
Voter registration; notice and public access not required for certain voter registration events. Provides that voter registration conducted in a high school and voter registration events sponsored or conducted by an entity or organization which the general registrar or an assistant registrar attends as an invitee are not required to be open to the public. Currently, opportunities for voter registration are required to be provided at sites open to the public. The bill also provides that notice is not required for voter registration events that are not open to the public which the general registrar or an assistant registrar attends or voter registration events which the general registrar or an assistant registrar attends as an invitee.
Patron: Chafin
Office of the general registrar; open five days a week. Provides that the office of the general registrar in all counties and cities is to be open a minimum of five days a week. Under current law, counties with a population of less than 10,000 and cities with a population of less than 7,500 are required to be open a minimum of three days a week, and additional days may be required by the general appropriation act.
Patron: Reeves
Elections; status of officers of election. Clarifies that localities may employ officers of election on a contractual basis.
Patron: Mason
General registrars; appointment from adjoining locality. Provides that a person appointed to be a general registrar may be a qualified voter of a county or city adjoining the county or city for which he is appointed. Current law requires the general registrars to be qualified voters of the county or city for which they are appointed.
Patron: Ebbin
Election day page program. Provides for an election day page program for adult volunteers similar to that currently available to high school students. The bill requires that adult volunteers be selected by the electoral board or general registrar and receive training on the duties, responsibilities, and prohibited conduct of election day pages. The bill limits the activities in which election day pages, including adult volunteers, may participate.
Patron: Vogel
Post-election risk-limiting audits. Requires electoral boards and general registrars to conduct post-election risk-limiting audits with a five percent risk limit for federal and statewide election contests for every election in which a voting system is used. The risk-limiting audit is required to be completed prior to certifying the results of the election being audited. The risk-limiting audits are to be conducted in accordance with standards and procedures developed by the State Board of Elections (State Board). The bill provides that representatives of candidates and political parties and other lawfully present observers are entitled to observe the risk-limiting audit and requires that they be able to adequately monitor the audit process to determine whether it has been carried out correctly and to evaluate whether the correct ballots were audited and whether they agree with the auditors' determination of voter intent for each audited ballot. Voter intent during the risk-limiting audit is to be determined manually and directly from original, voter-verifiable ballots cast and counted in the election and from paper record copies. The bill provides that the State Board may order a partial or full recount of an election or may issue a writ for a new election if it determines that an elections official failed to comply with the requirements for conducting the risk-limiting audit. The State Board is directed to convene a work group to assist with the development of standards and procedures for preparing for and conducting post-election risk-limiting audits, and the work group, through the State Board, shall submit to the Governor and General Assembly an interim progress report by December 1, 2018, and a final report by December 1, 2019, of the standards and procedures for preparing for and conducting post-election risk-limiting audits and any legislative proposals that may be necessary to implement and administer the audits. The bill repeals the current law regarding risk-limiting audits, and the new post-election risk-limiting audit process does not become effective unless reenacted by the 2020 Session of the General Assembly.
Patron: Vogel
Campaign finance; prohibited personal use; penalty. Prohibits the conversion of any contributed moneys, securities, or like intangible personal property by any person to the personal use of a candidate or member of the candidate's immediate family or an intimate partner of the candidate or a member of the candidate's immediate family if (i) such use yields a grossly disproportionate and unreasonable benefit to the recipient or candidate relative to the benefit realized by the candidate's campaign or public office, (ii) the fair market value of converted property grossly exceeds the benefit realized by the candidate's campaign or public office, (iii) a reasonable and prudent person would not ordinarily authorize such expenditure as beneficial to the campaign, and (iv) such use is made with a knowing, willing, reckless, or negligent disregard for the financial interests of the campaign. Complaints of alleged violations may be made by any person to the State Board of Elections. The subject of the complaint has 30 days to provide to the State Board documentation or other evidence that the use of campaign funds was permissible. The State Board shall call a hearing if it determines, after reviewing any response made by the subject of the complaint, that the use of campaign funds was impermissible. A person found by the State Board to have willfully and knowingly violated this section shall repay to the campaign committee the amount unlawfully converted. The State Board may also assess an additional civil penalty, in an amount not to exceed the amount unlawfully converted. Complaints may be declared factually meritless by the State Board when, viewing the facts in the light most favorable to the complaining party, it finds there is no credible allegation of a violation and such complaints shall be exempt from public disclosure for a period of time immediately preceding an election.
Patron: Deeds
Election day voter registration; pilot program. Requires the State Board of Elections to develop a pilot program for election day voter registration, by which a person who (i) offers to vote on election day but is not a registered voter, (ii) provides one of the allowable forms of identification specified by law, and (iii) provides proof of his residency, in a form specified by the State Board for this purpose, in the precinct in which he offers to vote, shall be permitted to register to vote and to cast a ballot. The bill provides a process by which the validity of such votes is determined. The bill requires participating localities to provide information on the implementation of the pilot program in its locality to the State Board by December 1 of each year in which it participates. The bill requires the State Board to submit a report on the pilot program to the Governor, the General Assembly, and the House and Senate Committees on Privileges and Elections, including a recommendation as to whether there should be statewide election day voter registration. The bill has an expiration date of December 31, 2020.
Patron: Chase
Third-party voter registration groups; registration, disclosure, and recordkeeping requirements. Requires any individual or group that will be distributing and collecting voter registration applications to register as a third-party registration group with the Department of Elections (the Department) prior to engaging in any voter registration activities. The bill requires volunteers and employees of third-party registration groups to register with the Department. The Department is required to issue a unique identification number to each third-party registration group, and each group shall assign its volunteers and employees a separate identification number. The bill requires these identification numbers to be included on voter registration applications collected by the third-party registration group but prohibits rejection of an application for lack of an identification number. The bill also requires third-party registration groups to maintain a record containing information about all volunteers and employees engaging in voter registration activities on behalf of the group, each of whom is required to receive training and to maintain a log of his registration activities to be submitted with all completed applications collected.
Patron: Chase
Electors for President and Vice President; allocation of electoral votes by congressional district. Revises the process by which the Commonwealth's electoral votes are allocated among the slates of presidential electors. The bill provides that a voter will vote for two electors for the Commonwealth at large and one elector for the congressional district in which he is qualified to vote. The candidates for President and Vice President receiving the highest number of votes cast statewide are allocated the two electoral votes for the Commonwealth at large, and the candidates for President and Vice President receiving the highest number of votes cast in each congressional district are allocated the one electoral vote for that congressional district. Currently, the candidates for President and Vice President receiving the highest number of votes cast statewide are allocated the total number of the Commonwealth's electoral votes.
Patron: Chase
Form of ballot; party identification of candidates. Allows any candidate who has been nominated by a political party or in a primary election to choose whether to be identified on the ballot by the name of his political party. Currently, only candidates for federal, statewide, and General Assembly offices are required to be so identified. The bill contains a technical amendment.
Patron: Ebbin
Campaign finance; with whom former candidates file reports. Requires a former candidate who is no longer seeking election but has not yet filed a final report as required by law and who files reports in nonelectronic format to file with the general registrar of the locality in which he sought office. In the case of a former candidate who is no longer seeking election but has not yet filed a final report as required by law and who files reports electronically, the State Board is required to promptly notify the general registrar of the locality in which the candidate sought office and to make the information contained in the report available to such general registrar.
Patron: Cosgrove
Voter registration by political party affiliation; primary elections. Adds party affiliation, beginning January 1, 2019, 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, 2019, 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 rules adopted by the duly constituted authorities of the state political party governing who may participate in the party's primaries to be held from April 1 of that year through March 31 of the following year.
Patron: Edwards
State Board of Elections; membership; appointment of Commissioner of Elections. Increases the membership of the State Board of Elections (Board) from three members to five members and increases the terms of Board members from four years to five years. Representation shall be given to each of the political parties having the highest and next highest number of votes in the Commonwealth at the last preceding gubernatorial election, with three Board members being of the party of the Governor. Terms are initially staggered. The bill also grants to the Board the authority to appoint and remove the Commissioner of Elections, subject to confirmation by the General Assembly, to head the Department of Elections and to act as the principal administrative officer. The appointment or removal of the Commissioner shall require an affirmative vote of four of the five Board members. The bill requires the Board to submit an annual report to the Governor and the General Assembly. The bill has a delayed effective date of January 1, 2019.
Patron: Chafin
Voter registration list maintenance; voters identified as registered in multiple states. Requires the Department of Elections to provide to the general registrars a list of registered voters who have been found through list comparisons and data-matching exchanges with other states to be registered in another state.
Patron: Vogel
Confirming Governor's appointments; June 1. Confirms appointments of certain persons made by Governor McAuliffe and communicated to the General Assembly June 1, 2017.
Patron: Vogel
Confirming Governor's appointments; August 1. Confirms appointments of certain persons made by Governor McAuliffe and communicated to the General Assembly August 1, 2017.
Patron: Vogel
Confirming Governor's appointments; October 1. Confirms appointments of certain persons made by Governor McAuliffe and communicated to the General Assembly October 1, 2017.
Patron: Vogel
Confirming Governor's appointments; December 1. Confirms appointments of certain persons made by Governor McAuliffe and communicated to the General Assembly December 1, 2017.
Patron: Vogel
Confirming Governor's appointments; January 12. Confirms appointments of certain persons made by Governor McAuliffe and communicated to the General Assembly January 12, 2018.