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2022 SESSION

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Senate Committee on Privileges and Elections

Chair: R. Creigh Deeds

Clerk: Hobie Lehman, Jasmine VanDyke
Staff: Brooks Braun
Date of Meeting: January 25, 2022
Time and Place: 15 mins after adjourn/SR 3/Public register to testify on GA site:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 3

Patron: Suetterlein

Elections; absentee voting; ballots to be sorted and results to be reported by precinct. Provides that absentee ballots processed at a central absentee precinct must be sorted by the precinct to which the voter who cast the absentee ballot is assigned and that the resulting vote totals from such ballots must be reported separately for each voter precinct.

A BILL to amend and reenact § 24.2-712 of the Code of Virginia, relating to elections; absentee voting; ballots to be sorted and counted by precinct.

22100577D

S.B. 66

Patron: Suetterlein

Elections; filling vacancies in the General Assembly; certain vacancies to be filled within 30 days. Requires the writ of election to fill a vacancy in the membership of the General Assembly that occurs between December 10 and March 1 to order that the special election take place no more than 30 days from the date of such vacancy.

A BILL to amend and reenact § 24.2-216 of the Code of Virginia, relating to elections; filling vacancies in the General Assembly; certain vacancies to be filled within 30 days.

22101698D

S.B. 80

Patron: Stanley

State and local elections officials; acceptance of certain gifts and funding prohibited. Prohibits state and local elections officials from soliciting, accepting, using, or disposing of any moneys, grants, property, or services given by a private individual or nongovernmental entity for the purpose of funding voter education and outreach programs, voter registration programs, or any other expense incurred in the conduct of elections. The bill specifically provides that the operation of a polling place or voter satellite office in a facility furnished by a private individual or nongovernmental entity is not a violation of this prohibition.

A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 1 of Title 24.2 a section numbered 24.2-124.1, relating to state and local elections officials; acceptance of certain gifts and funding prohibited.

22102180D

S.B. 85

Patron: Stanley

City of Martinsville; city reversion; sunset. Requires approval from the City of Martinsville voters before the city can revert to town status. The provisions of the bill shall terminate on July 1, 2026.

A BILL to provide for a special election relating to transition of a city to town status; sunset.

22101334D

S.B. 133

Patron: Chase

Elections, ballots; ballot fraud security measures. Requires any printer or vendor supplying ballots in an election for state or federal office to be ISO 27001 certified, ISO 17025 certified, or ISO 9001:2015 certified. The bill also requires any ballot used in an election for state or federal office to include a unique bar code or quick response code that is accessible only to the voter and that tracks the voter's ballot as it is processed and to include the use of at least two other ballot fraud security measures from a list of approved measures.

A BILL to amend the Code of Virginia by adding a section numbered 24.2-613.1, relating to elections, ballots; ballot fraud security measures.

22101678D

S.B. 234

Patron: Chase

Absentee voting; permanent absentee voter list repealed. Repeals the provisions of law by which any registered voter may apply to receive absentee ballots for all elections in which he is eligible to vote and remains on the list until the voter requests in writing to be removed from the list, the voter's registration is canceled or placed on inactive status pursuant to law, or the voter moves to a different address not in the same county or city of his registration.

A BILL to amend and reenact § 24.2-701 of the Code of Virginia and to repeal § 24.2-703.1 of the Code of Virginia, relating to absentee voting; permanent absentee voter list repealed.

22101626D

S.B. 235

Patron: Chase

Voter registration; registration permitted up to and including the day of the election. Repeals a provision that would permit any person who is qualified to register to vote to register to vote in person up to and including the day of the election, notwithstanding any deadline for the close of registration records. The repeal will limit the persons who are entitled to register to vote after the close of registration records to (i) any member of a uniformed service of the United States who is on active duty, (ii) any person residing temporarily outside of the United States, and (iii) the spouse or dependent residing with someone listed in (i) or (ii).

A BILL to repeal Chapter 1153 of the Acts of Assembly of 2020, relating to voter registration; registration permitted up to and including the day of the election.

22101611D

S.B. 236

Patron: Chase

Absentee voting; return of absentee ballots; drop-off locations. Repeals the provisions of law providing for the establishment of drop-off locations for the return of absentee ballots.

A BILL to amend and reenact §§ 24.2-706, 24.2-707, 24.2-709, and 24.2-709.1 of the Code of Virginia, and to repeal § 24.2-707.1 of the Code of Virginia, relating to absentee voting; return of absentee ballots; drop-off locations.

22101492D

S.B. 273

Patron: Ebbin

Elections; absentee voting; verification by social security or driver's license number in lieu of witness signature. Makes optional the current absentee ballot witness signature requirement by giving the voter the option to provide either the last four digits of the voter's social security number or the voter's valid Virginia driver's license number in lieu of a witness signature.

A BILL to amend and reenact §§ 24.2-702.1, 24.2-704, 24.2-706, and 24.2-707 of the Code of Virginia, relating to elections; absentee voting; verification by social security or driver's license number in lieu of witness signature.

22100443D

S.B. 283

Patron: Hanger

Removal of county courthouse; Augusta County; authorization by electorate. Allows Augusta County to hold a referendum on the courthouse removal in 2022, despite the 10-year waiting requirement, if (i) two new plans are developed for either the construction and removal of the courthouse from the City of Staunton, if the referendum passes, or renovation and expansion of the courthouse in the City of Staunton, if the referendum fails; (ii) the plans are made available to the public at least three months prior to the planned date of the referendum; (iii) the plan for the courthouse remaining in Staunton, if it prevails, shall be a mutual agreement between the City of Staunton and Augusta County; and (iv) the result of the referendum shall be binding and the corresponding plan shall be implemented.

A BILL to allow for a referendum to be held in 2022, relating to the removal of the Augusta County courthouse from the City of Staunton to Augusta County.

22102090D

S.B. 306

Patron: Deeds

Elections; voting systems; reporting absentee results by precinct. Includes in the definition of "voting system" on-demand ballot printing systems and ballot marking devices used to manufacture or mark ballots to be cast by voters on electronic voting and counting machines. The bill also requires general registrars to report to the Department of Elections the number and results of absentee ballots cast by voters assigned to each precinct in the registrar's locality. The Department is directed by the bill to establish standards for ascertaining and reporting such information.

A BILL to amend and reenact §§ 24.2-101 and 24.2-667.1 of the Code of Virginia, relating to elections; voting systems; reporting absentee results by precinct.

22103836D

S.B. 370

Patron: Bell

Elections; conduct of election; election results; risk-limiting audits. Requires local electoral boards and general registrars to perform certain risk-limiting audits, defined in the bill, under the supervision of the Department of Elections and in accordance with the procedures prescribed by the State Board of Elections. The bill provides that localities are required to participate in such audits at least once every five years. The bill also provides that the Department shall submit a report on the results of such audits to the State Board. The provisions of the bill requiring that such audits be conducted (i) for at least one randomly selected contested race for the General Assembly in the year of a general election for members of the General Assembly and (i) for any other contested race that is necessary to ensure that each locality participates in a risk-limiting audit of an office within its jurisdiction at least once every five years or that the State Board finds appropriate has a delayed effective date of July 1, 2023. The provision of the bill requiring that such audits be conducted for at least one randomly selected contested race for an office that requires certification by the State Board in the year of general election for any local office has a delayed effective date of July 1, 2024.

A BILL to amend and reenact §§ 24.2-669, 24.2-671, and 24.2-679 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 24.2-671.2; and to repeal § 24.2-671.1 of the Code of Virginia, relating to elections; conduct of election; election results; risk-limiting audits.

22104252D

S.B. 390

Patron: Obenshain

Elections; conduct of elections; annual post-election audits. Requires that each local electoral board and general registrar conduct a post-election audit annually of at least one fifth of all ballot scanner machines in use in the locality such that all ballot scanner machines in use in the locality are audited at least once every five years. The bill requires the local electoral board and general registrar to submit a report on the results of each audit to the State Board of Elections. The bill removes the requirement that annual audits be risk-limiting audits.

A BILL to amend and reenact §§ 24.2-669 and 24.2-671.1 of the Code of Virginia, relating to elections; conduct of elections; annual post-election audits.

22103024D

S.B. 459

Patron: Chase

Elections; administration; registrars; certain prohibitions. Requires the State Board of Elections to establish and the Department of Elections to conduct a program for the evaluation of the performance of general registrars. Under such evaluation program, general registrars with below satisfactory performance are subject to remedial requirements and possible removal. The bill prohibits general registrars from conducting the duties of officers of election. The bill also provides that no general registrar may have a spouse, relative, or person with whom he resides who serves as the chairman of a political party or other officer of a state, local, or district level political party committee nor a spouse, relative, or person with whom he resides who serves as a paid or volunteer worker in the campaign of a candidate for nomination or election to an office filled by election in whole or in part by the qualified voters of the registrar's jurisdiction. The bill also applies certain prohibitions on registrars and their spouses to all assistant registrars, some of which only apply to paid assistant registrars under current law.

A BILL to amend and reenact §§ 24.2-103 and 24.2-110 of the Code of Virginia, relating to elections; administration; registrars; evaluation and certain prohibitions.

22101503D

S.B. 460

Patron: Chase

Elections; absentee voting; ballots to be returned before close of polls. Removes the provision of law requiring an absentee ballot that is returned to the general registrar after the closing of the polls on election day to be counted if it is received before noon on the third day after the election and is postmarked on or before the date of the election to be counted if the voter is found entitled to vote. The bill does not affect the exception for a covered voter who was not sent a ballot in a timely manner and whose voted ballot arrives after the close of polls.

A BILL to amend and reenact § 24.2-709 of the Code of Virginia, relating to elections; absentee voting; ballots to be returned before close of polls.

22101633D

S.B. 495

Patron: McClellan

Elections; removal of officers; recall elections; petition. Provides for the removal of certain elected officers and officers appointed to elected offices by recall referendum. The bill requires a petition for recall be signed by 30 percent of the total number of votes cast at the last election for the office for which a recall is sought.

A BILL to amend and reenact §§ 24.2-103, 24.2-230, 24.2-233, as it is currently effective and as it shall become effective, 24.2-238, 24.2-682, and 24.2-684.1 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 2 of Title 24.2 an article numbered 8, consisting of sections numbered 24.2-239 through 24.2-243; and to repeal § 24.2-234 of the Code of Virginia, relating to elections; removal of officers; recall elections; petition.

22101043D

S.B. 552

Patron: Chase

Absentee voting; excuse required to vote absentee by mail; signature match. Requires a registered voter to provide a reason for being absent or unable to vote at his polling place on election day in order to receive an absentee ballot to vote by mail. The bill requires a voter voting absentee by mail to open his ballot in the presence of a notary who must sign the ballot return envelope. The bill requires that the general registrar match the signature of the voter on an absentee return envelope to a signature that the general registrar has on file before processing the ballot. If the signature doesn't match, the absentee ballot is to be treated as a provisional vote subject to approval by the electoral board. The bill also repeals the permanent absentee voter list and limits the special annual application to those voters with an illness or disability.

A BILL to amend and reenact §§ 24.2-452, 24.2-612, 24.2-700, 24.2-701, 24.2-702.1, 24.2-703.1, 24.2-703.2, 24.2-706, 24.2-709, 24.2-709.1, and 24.2-1004 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-709.2, relating to absentee voting; excuse required to vote absentee by mail; signature match.

22101614D

S.B. 556

Patron: Ruff

State Board of Elections; membership. Increases the membership of the State Board of Elections from five to six members and provides that any third party or recognized political party whose candidate received greater than 20 percent of the votes in the Commonwealth for Governor at the last preceding gubernatorial election shall have representation on the Board.

A BILL to amend and reenact § 24.2-102 of the Code of Virginia, relating to State Board of Elections; membership.

22101351D

S.B. 588

Patron: Chase

Elections; voter registration; lists of registered voters; provided to registered voters. Provides that the Department of Elections must provide the lists for their districts to any registered voter of the Commonwealth for a reasonable charge not to exceed its actual cost incurred in supplying the requested records.

A BILL to amend and reenact § 24.2-405 of the Code of Virginia, relating to elections; voter registration; lists of registered voters; provided free of charge to certain nonprofit organizations.

22101643D

S.B. 605

Patron: Chase

Elections; conduct of election; election results; post-election forensic audits. Provides for the conduct of a forensic audit of an election in a county or city upon the request of certain officials or upon the petition of a group of residents of the locality in question. The purpose of an audit is to determine the accuracy and legality of the election in question. The bill provides that an audit includes a review of all materials, equipment, and procedures used during any part of the election, including ballots, pollbooks, voting machines, and routers. The bill requires that the audit be open to the public and states that the auditing process may include participation by residents. The results of the audit are to be presented to a jury of local residents who have to power to declare the election valid or invalid. The bill also gives the State Inspector General the power and duty to conduct an audit of the 2020 general election and requires him to produce a report of his finding.

A BILL to amend the Code of Virginia by adding a section numbered 24.2-671.2, relating to elections; conduct of election; election results; post-election forensic audits.

22104062D

S.B. 652

Patron: Vogel

Absentee voting; application requirements; last four digits of social security number. Requires an applicant for an absentee ballot to provide on the application the last four digits of his social security number, whether completing the application in person or otherwise, and further provides that the failure to include such information shall be a material omission, grounds for rejection of the application.

A BILL to amend and reenact §§ 24.2-701 and 24.2-706 of the Code of Virginia, relating to absentee voting; application requirements; last four digits of social security number.

22103317D

S.J.R. 3

Patron: Locke

Constitutional amendment (first reference); local government; sale of property; authority to grant perpetual easements to units of government. Allows easements on public property to be granted in perpetuity to a public body, political subdivision, or authority of the Commonwealth or to the United States or any of its departments or agencies. The requirement to advertise and publicly receive bids does not apply to easements conveyed to any such governmental entity.

Proposing an amendment to Section 9 of Article VII of the Constitution of Virginia, relating to local government; sale of property; authority to grant perpetual easements to units of government.

22101371D

S.J.R. 7

Patron: Chase

Constitutional amendment (first reference); General Assembly; term limits. Limits members of the Senate to three full terms (12 years) and members of the House of Delegates to six full terms (12 years). The limitations apply to service for both consecutive and nonconsecutive terms. Service for a partial term does not preclude serving the allowed number of full terms. The limits apply to terms of service beginning on and after the start of the 2024 Regular Session of the General Assembly.

Proposing an amendment to Section 4 of Article IV of the Constitution of Virginia, relating to qualifications for members of the General Assembly; term limits.

22101491D

S.J.R. 19

Patron: Reeves

Constitutional amendment (first reference); real property tax; exemption for certain surviving spouses of members of the armed forces. Authorizes the General Assembly to exempt from tax the real property of a surviving spouse of a member of the armed forces who died in the line of duty while performing official military activities. The amendment provides that such exemption is only available when the death of such member of the armed forces did not result from criminal conduct. The current Constitution exempts the real property of a surviving spouse of a member of the armed forces who was killed in action, a disabled veteran, and the surviving spouse of a disabled veteran.

Proposing an amendment to Section 6-A of Article X of the Constitution of Virginia, relating to real property tax; exemption for certain surviving spouses of members of the armed forces.

22101963D

S.J.R. 20

Patron: Newman

Constitutional amendment (first reference); K-12 funding. Provides that for any year in which there is a surplus, the budget shall include an appropriation of five percent of such surplus for the operational costs of local school divisions. The resolution provides for an equivalent decrease in the amount of operational costs funded by the Lottery Proceeds Fund and an equivalent increase in the amount of funds in the Fund restricted exclusively for local school divisions' capital construction and renovation costs. If the restricted amount is equal to or greater than the amount in the Fund, the increases and decreases are no longer required under the resolution.

Proposing an amendment to Section 7-A of Article X of the Constitution of Virginia, relating to K-12 funding.

22103564D

S.J.R. 32

Patron: Vogel

Constitutional amendment (first reference); Literary Fund; exemption for certain asset forfeiture. Amends the Constitution of Virginia to provide an exemption for property seized and forfeited to the Commonwealth for a violation of commercial sex trafficking and commercial sexual conduct crimes from the requirement that all property accruing to the Commonwealth by forfeiture shall be deposited into the Literary Fund. The amendment provides that the proceeds from such forfeited property shall be distributed by law for the purpose of providing treatment or specialized services to victims of sex trafficking.

Proposing an amendment to Section 8 of Article VIII of the Constitution of Virginia, relating to Literary Fund; exemption for certain asset forfeiture.

22102921D

S.J.R. 36

Patron: Newman

Constitutional amendment (first reference); special sessions; required in certain states of emergency. Requires the Governor to convene a special session whenever declaring a state of emergency for a period that exceeds 90 days or whenever extending a state of emergency for a period that exceeds 90 days in the aggregate.

Proposing an amendment to Section 6 of Article IV of the Constitution of Virginia, relating to legislative sessions; special sessions; required in certain states of emergency.

22104262D

S.J.R. 57

Patron: Deeds

Confirming Governor's appointments; January 1. Confirms appointments of certain persons made by Governor Ralph Northam and communicated to the General Assembly January 1, 2022.

Confirming appointments by the Governor of certain persons communicated to the General Assembly January 1, 2022.

22104175D