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2023 SESSION

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Senate Committee on Privileges and Elections

Chair: Lionell Spruill, Sr.

Clerk: Hobie Lehman, Hannah Dockery
Staff: Brooks Braun
Date of Meeting: January 17, 2023
Time and Place: 15 mins after adjourn / SR 3
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 794

Patron: McDougle

Voter identification; identification containing a photograph required. Requires presentation of a form of identification containing a photograph in order to vote. The bill repeals the provisions of law permitting a voter who does not have one of the required forms of identification to vote after signing a statement, subject to felony penalties for false statements, that he is the named registered voter he claims to be. Instead, the bill provides that such voter is entitled to cast a provisional ballot.

A BILL to amend and reenact §§ 24.2-404, 24.2-411.3, 24.2-643, 24.2-653, 24.2-653.01, 24.2-701, and 24.2-701.1 of the Code of Virginia, relating to voter identification; identification containing a photograph required.

23100893D

S.B. 802

Patron: Hashmi

Licensure of professional counselors; Counseling Compact. Authorizes Virginia to become a signatory to the Counseling Compact. The Compact permits eligible licensed professional counselors to practice in Compact member states, provided that they are licensed in at least one member state. The bill has a delayed effective date of January 1, 2024, and directs the Board of Counseling to adopt emergency regulations to implement the provisions of the bill. The Compact takes effect when it is enacted by a tenth member state.

A BILL to amend the Code of Virginia by adding a section numbered 54.1-3500.1, relating to Counseling Compact.

23100851D

S.B. 803

Patron: Petersen

Campaign finance; campaign contribution limits; civil penalty. Prohibits persons from making any single contribution, or any combination of contributions, that exceeds $20,000 to any one candidate for Governor, Lieutenant Governor, Attorney General, or the General Assembly in any one election cycle. No limits are placed on contributions made by the candidate or the candidate's family to the candidate's campaign or by political party committees. Civil penalties for violations of the limits may equal up to two times the excess contribution amounts.

A BILL to amend the Code of Virginia by adding in Chapter 9.3 of Title 24.2 an article numbered 3.1, consisting of sections numbered 24.2-948.6 through 24.2-948.9, and by adding in Article 8 of Chapter 9.3 of Title 24.2 a section numbered 24.2-953.6, relating to campaign finance; campaign contribution limits; civil penalty.

23100218D

S.B. 804

Patron: Petersen

Campaign finance; prohibited contributions to candidates. Prohibits candidates, campaign committees, and political committees from soliciting or accepting contributions from any public utility, as defined in the bill, and prohibits any public utility or any political committee established by such public utility from making any such contribution.

A BILL to amend the Code of Virginia by adding a section numbered 24.2-947.4:2, relating to campaign finance; prohibited contributions to candidates.

23100219D

S.B. 834

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 remain on the absentee voter 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.

23102299D

S.B. 854

Patron: Favola

Campaign advertisements; independent expenditures; electioneering communications; disclaimer requirements. Broadens the scope of disclaimer requirements for campaign advertisements to include electioneering communications, as defined in the bill, and messages advocating for the passage or defeat of a referendum. The bill also requires an advertisement that is an independent expenditure or that expressly advocates for the passage or defeat of a referendum to contain a disclaimer providing the names of the advertisement sponsor's three largest contributors.

A BILL to amend and reenact §§ 24.2-945.1, 24.2-945.2, 24.2-955, 24.2-955.1, 24.2-956, 24.2-956.1, 24.2-957.1, 24.2-957.2, 24.2-957.3, 24.2-958.1, 24.2-958.2, and 24.2-958.3 of the Code of Virginia, relating to campaign advertisements; independent expenditures; electioneering communications; disclaimer requirements.

23100463D

S.B. 878

Patron: McDougle

Voter registration; noncitizens of the United States; penalty. Provides that a person who is not a citizen of the United States is not entitled to register to vote and makes it a Class 6 felony for any person to intentionally procure, assist, or induce another to register to vote knowing that such person is not a United States citizen.

A BILL to amend and reenact §§ 24.2-400 and 24.2-1004 of the Code of Virginia, relating to voter registration; noncitizens of the United States; penalty.

23101197D

S.B. 880

Patron: McDougle

Absentee voting; absentee voting in person available beginning seven days prior to any election. Limits the availability of absentee voting in person to the week beginning seven days before the election. Under current law, absentee voting in person is available beginning 45 days prior to the election.

A BILL to amend and reenact § 24.2-701.1 of the Code of Virginia, relating to absentee voting; absentee voting in person available seven days prior to any election.

23101822D

S.B. 884

Patron: Chase

Elections; registration, absentee voting, and conduct of election. Repeals provisions of law permitting registration on election day; requires an excuse to vote absentee; removes the option to vote absentee in person; requires absentee ballots to either be accompanied by a copy of an approved form of identification or be notarized; requires absentee ballots returned to drop boxes to be returned by the voter; requires absentee ballots to be received by the general registrar by the close of polls on election day in order to be counted; requires presentation of a form of identification containing a photograph in order to vote; repeals the provisions of law permitting a voter who does not have one of the required forms of identification to vote after signing a statement that he is the named registered voter he claims to be; eliminates the use of electronic poll books and voting machines while polls are open; and requires that ballots be manually tabulated in order to determine the results of an election.

A BILL to amend and reenact §§ 24.2-101, 24.2-115.2, 24.2-124.1, 24.2-402, 24.2-404, 24.2-406, 24.2-411.3, 24.2-420.1, 24.2-427, 24.2-452, 24.2-518, 24.2-603.1, 24.2-604.3, 24.2-609, 24.2-611, 24.2-612, 24.2-613, 24.2-625 through 24.2-630, 24.2-632 through 24.2-646, 24.2-647, 24.2-649, 24.2-649.1, 24.2-651, 24.2-652, 24.2-653, 24.2-653.01, 24.2-654, 24.2-661 through 24.2-668, 24.2-671.2, 24.2-700, 24.2-701, 24.2-702.1, 24.2-703.1, 24.2-703.2, 24.2-706, 24.2-707, 24.2-709, 24.2-709.1, 24.2-710, 24.2-712, 24.2-802, 24.2-802.1, 24.2-802.2, 24.2-814, 24.2-1004, 24.2-1009, and 24.2-1010 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 24.2-709.2; and to repeal §§ 24.2-631, 24.2-646.1, 24.2-648, 24.2-657, 24.2-658, 24.2-659, 24.2-701.1, and 24.2-701.2 of the Code of Virginia, relating to elections; registration, absentee voting, and conduct of election.

23102294D

S.B. 900

Patron: McDougle

Voter identification; identification containing a photograph required. Requires presentation of a form of identification containing a photograph in order to vote. The bill repeals the provisions of law permitting a voter who does not have one of the required forms of identification to vote after signing a statement, subject to felony penalties for false statements, that he is the named registered voter he claims to be. Instead, the bill provides that such voter is entitled to cast a provisional ballot.

A BILL to amend and reenact §§ 24.2-404, 24.2-411.3, 24.2-643, 24.2-653, 24.2-653.01, 24.2-701, and 24.2-701.1 of the Code of Virginia, relating to voter identification; identification containing a photograph required.

23101118D

S.B. 907

Patron: Spruill

Elections; protection of election officials; penalty. Adds to the list of protected voters any election official or employee of an election official. Protected voters are permitted by law to provide on the application for voter registration, in addition to the voter's residence street address, a post office box address located within the Commonwealth, which would be the address included on (i) lists of registered voters and persons who voted, (ii) voter registration records made available for public inspection, and (iii) lists of absentee voter applicants. The bill also makes it a Class 5 felony to hinder or prevent an election official or employee of an election official from administering elections. Under current law it is only a Class 5 felony to hinder or prevent an officer of election at a location being used for voting from holding an election.

A BILL to amend and reenact §§ 24.2-418 and 24.2-1000 of the Code of Virginia, relating to elections; protection of election officials; penalty.

23100619D

S.B. 944

Patron: Suetterlein

Elections; filling vacancies in the General Assembly; certain vacancies to be filled between 30 and 45 days. Requires the writ of election to fill a vacancy in the membership of the General Assembly (i) to be issued within 30 days of the vacancy or receipt of notification of the vacancy, whichever comes first, and (ii) if the vacancy occurs or will occur 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 between 30 days and 45 days.

23102711D

S.B. 946

Patron: Suetterlein

Campaign finance; fundraising during special sessions prohibited. Prohibits campaign fundraising on any day the General Assembly is scheduled to meet during a special session. Currently, campaign fundraising is prohibited only during regular sessions of the General Assembly.

A BILL to amend and reenact § 24.2-954 of the Code of Virginia, relating to campaign finance; fundraising during special sessions prohibited.

23102721D

S.B. 947

Patron: Suetterlein

Elections; candidates for office; political party nomination by non-primary method; filing fee. Allows political parties to charge a filing fee for methods of nomination other than a primary and sets a cap on such fee. The maximum filing fee is set at four percent of the salary of any salaried office sought by a candidate or, for any office for which compensation is paid by fees, four percent of the average fees collected by the office.

A BILL to amend and reenact § 24.2-509, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to elections; candidates for office; political party nomination by non-primary method; filing fee.

23102708D

S.B. 965

Patron: Peake

Voter registration; verification of social security numbers; provisional registration status. Requires the general registrar to verify that the name, date of birth, and social security number provided by an applicant on the voter registration application match the information on file in the Social Security Administration database or other database approved by the State Board of Elections before registering such applicant. If the information provided by the applicant does not match the information on file in such database, the applicant (i) is provisionally registered to vote and notified as to what steps are needed to be fully registered to vote and (ii) is permitted to vote by provisional ballot but such ballot shall not be counted until the voter presents certain information. The bill also requires the general registrar to verify annually no later than August 1 that the name, date of birth, and social security number in the registration record of each registered voter in the registrar's jurisdiction match the information on file with the Social Security Administration or other database approved by the State Board and, in accordance with current law, to initiate the cancellation of the registration of any voter whose registration record information does not match the database information. The State Board is authorized to approve the use of any government database to the extent required to enable each general registrar to carry out the provisions of the bill and to promulgate rules for the use of such database. The Department of Elections is required to provide each general registrar access to the Social Security Administration database and any other database approved by the State Board. The Department is further required to enter into any agreement with any federal or state agency to facilitate such access. The bill has a delayed effective date of July 1, 2025.

A BILL to amend and reenact § 24.2-653 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 24.2-418.01 and 24.2-653.4, relating to voter registration; verification of social security numbers; provisional registration status.

23101387D

S.B. 967

Patron: Peake

Voter registration; registering in person up to and including the day of the election; limited to certain persons. Provides that only members of a uniformed service, as defined in relevant law, persons who are residing temporarily outside of the United States, and spouses or dependents of such members or persons are entitled to register to vote after the close of registration records in person up to and including the day of the election. Under current law, any person who is qualified to register to vote is entitled to register to vote after the close of registration records up to and including the day of the election.

A BILL to amend and reenact § 24.2-420.1 of the Code of Virginia, relating to voter registration; registering in person up to and including the day of the election; limited to certain persons.

23101390D

S.B. 968

Patron: Peake

Voter identification; identification containing a photograph required. Requires presentation of a form of identification containing a photograph in order to vote. The bill repeals the provisions of law permitting a voter who does not have one of the required forms of identification to vote after signing a statement, subject to felony penalties for false statements, that he is the named registered voter he claims to be. Instead, the bill provides that such voter is entitled to cast a provisional ballot.

A BILL to amend and reenact §§ 24.2-404, 24.2-411.3, 24.2-643, 24.2-653, 24.2-653.01, 24.2-701, and 24.2-701.1 of the Code of Virginia, relating to voter identification; identification containing a photograph required.

23101391D

S.B. 1053

Patron: McPike

Campaign finance; mandatory electronic filing for all candidates. Requires all candidates to file their campaign finance reports electronically with the State Board of Elections. The bill provides an exemption for any candidate who is incapable of accessing the technology necessary to make such filings.

A BILL to amend and reenact §§ 24.2-946.1, 24.2-946.2, 24.2-947.1, 24.2-947.4, 24.2-947.5, 24.2-947.9, 24.2-948.1, 24.2-948.2, and 24.2-948.3 of the Code of Virginia, relating to campaign finance; mandatory electronic filing for all candidates.

23101956D

S.B. 1092

Patron: Ebbin

Elections; protection of election officials; penalty. Adds to the list of protected voters any election official or employee of an election official. Protected voters are permitted by law to provide on the application for voter registration, in addition to the voter's residence street address, a post office box address located within the Commonwealth, which would be the address included on (i) lists of registered voters and persons who voted, (ii) voter registration records made available for public inspection, and (iii) lists of absentee voter applicants. The bill also makes it a Class 5 felony to hinder or prevent an election official or employee of an election official from administering elections. Under current law it is only a Class 5 felony to hinder or prevent an officer of election at a location being used for voting from holding an election.

A BILL to amend and reenact §§ 24.2-418 and 24.2-1000 of the Code of Virginia, relating to elections; protection of election officials; penalty.

23100626D

S.B. 1150

Patron: Edwards

Obsolescence of 2011 district descriptions; legal boundaries. Repeals Code provisions related to the 2011 decennial redistricting, including descriptions of the districts enacted in that cycle, that are obsolete as a result of the 2021 decennial redistricting of the Commonwealth and provides that the legal and controlling congressional and state legislative district boundaries are those designated in the block equivalency file and resulting shapefile that are the electronic versions of the districts established pursuant to relevant law. The bill requires the block equivalency files and shapefiles to be maintained and available to the publicly on the website for the Virginia Redistricting Commission. This bill is a recommendation of the Code Commission.

A BILL to amend and reenact §§ 2.2-508, 30-395, and 30-396 of the Code of Virginia; to amend the Code of Virginia by adding in Article 2 of Chapter 3 of Title 24.2 a section numbered 24.2-304.05; and to repeal §§ 24.2-302.2, 24.2-303.3, and 24.2-304.03 of the Code of Virginia, relating to obsolescence of 2011 district descriptions; legal boundaries.

23100257D

S.B. 1180

Patron: Ebbin

Elections administration; acceptance of certain services permitted. Provides that (i) the acceptance of technical assistance, research, or subject matter expertise regarding election law, policies, and administration by any state or local elections officials and (ii) the acceptance or use of money or grants given by a private individual or nongovernmental entity when such money or grant is received and disbursed by the treasurer for the locality or provided through the regular process for appropriating public funds are not prohibited under the general prohibition on the solicitation or acceptance by such officials of money, grants, property, or services given by a private individual or nongovernmental entity for the purpose of funding voting-related programs.

A BILL to amend and reenact § 24.2-124.1 of the Code of Virginia, relating to elections administration; acceptance of certain services permitted; acceptance of money and grants permitted under certain circumstances.

23104147D

S.B. 1251

Patron: Marsden

Elections; conduct of election; election results to be delivered by officers representing both major parties on election night. Requires ballots, election materials, and equipment keys to be returned to the clerk of the circuit court or the general registrar on the night of the election by one officer of election representing each political party. Under current law, a single officer of election may return ballots, election materials, and equipment keys to the clerk of the circuit court or general registrar and such items may be returned on the day following the election unless the local electoral board requires they be returned on the night of the election.

A BILL to amend and reenact §§ 24.2-659 and 24.2-668 of the Code of Virginia, relating to elections; conduct of election; election results to be delivered by officers representing both major parties on election night.

23103420D

S.B. 1316

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 the 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 findings.

A BILL to amend the Code of Virginia by adding a section numbered 24.2-671.3, relating to elections; conduct of election; election results; post-election forensic audits; directing post-election forensic audit of 2020 November general election.

23102362D

S.B. 1317

Patron: Chase

Elections; voter registration; lists of registered voters; provided at cost to registered voters. Provides that the Department of Elections must provide the list of registered voters for any district in which he resides to any registered voter of the Commonwealth for a reasonable charge not to exceed its actual cost incurred in supplying the requested list.

A BILL to amend and reenact § 24.2-405 of the Code of Virginia, relating to elections; voter registration; lists of registered voters; provided at cost to registered voters.

23102360D

S.B. 1319

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.

23102307D

S.J.R. 226

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.

23101114D

S.J.R. 231

Patron: McPike

Constitutional amendment (first reference); real property tax exemption; surviving spouses of soldiers who died in the line of duty. Expands the current tax exemption for real property available to the surviving spouses of soldiers killed in action to the surviving spouses of soldiers who died in the line of duty with a Line of Duty determination from the U.S. Department of Defense.

Proposing an amendment to Section 6-A of Article X of the Constitution of Virginia, relating to real property tax exemption; surviving spouses of soldiers who died in the line of duty.

23101950D