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2024 SESSION

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Senate Committee on Privileges and Elections

Chair: Aaron R. Rouse

Clerk: Hobie Lehman, Madison Odallo
Staff: Brooks Braun
Date of Meeting: January 16, 2024
Time and Place: 15 mins after the Senate adjourns / Senate Room B, 3rd Floor, GAB
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 22

Patron: Locke

Dentist and Dental Hygienist Compact. Authorizes Virginia to become a signatory to the Dentist and Dental Hygienist Compact. The Compact increases public access to dental services by permitting eligible licensed dentists and dental hygienists to practice in Compact participating states, provided that they are licensed in at least one participating state. The Compact has been passed in three states and takes effect when it is enacted by a seventh participating state or upon the effective date of the bill, whichever is later.

A BILL to amend the Code of Virginia by adding in Chapter 27 of Title 54.1 an article numbered 5, consisting of a section numbered 54.1-2729.02, relating to the Dentist and Dental Hygienist Compact.

24101204D

S.B. 32

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, 2026.

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.

24100888D

S.B. 42

Patron: Peake

Absentee voting; availability of absentee voting in person. Limits the availability of absentee voting in person to the three-week period immediately preceding an election. Under current law, absentee voting in person is available beginning on the forty-fifth day prior to an election.

A BILL to amend and reenact § 24.2-701.1 of the Code of Virginia, relating to elections; absentee voting; availability of absentee voting in person.

24100891D

S.B. 45

Patron: Peake

Elections; 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 elections; voter identification; identification containing a photograph required.

24100890D

S.B. 81

Patron: McGuire

Elections; 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 elections; voter identification; identification containing a photograph required.

24101771D

S.B. 92

Patron: Peake

Voter registration; registering in person up to the day of the election. Provides that any person who is qualified to register to vote is only entitled to register in person up to the day of the election at the office of the general registrar in the locality in which such person resides. Under current law, such persons are also entitled to register to vote on the day of the election in the precinct in which they reside.

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

24104126D

S.B. 109

Patron: Suetterlein

Elections; candidates; declaration of candidacy for primary. Provides that the declaration of candidacy include a statement that if the signer's name appears on the primary ballot and he is not nominated then his name is not to be printed on the ballots for that office in the succeeding general election.

A BILL to amend and reenact § 24.2-520 of the Code of Virginia, relating to elections; candidates; declaration of candidacy for primary.

24103905D

S.B. 131

Patron: Ruff

Primary elections; candidates for nomination; withdrawal of candidacy resulting in unopposed primary; primary cancellation and nomination procedure. Provides that if a person who is a candidate for nomination by a political party at a primary election and who appears on the ballot for such election withdraws his candidacy on or after the forty-fourth day before but prior to the Tuesday immediately preceding the primary election, and the result of such withdrawal is one remaining candidate who is now unopposed, the remaining candidate will be declared the party's nominee for the office sought and the primary election will be canceled. The bill requires the notice of withdrawal to be signed and notarized and to be submitted to the general registrar, who then transmits it to the local electoral board and the State Board of Elections, along with a certification that the remaining candidate is now unopposed for nomination. The State Board is required to declare the remaining candidate to be the nominee within one calendar day of receiving such notice, and the local electoral board is then required to petition the circuit court for the cancellation of the primary election. Finally, the bill directs the State Board to prescribe procedures for canceling a primary election, including instructions for locking and securing voting systems, disposition of marked and unmarked absentee ballots, and voter notification. The bill has a delayed effective date of January 1, 2025.

A BILL to amend and reenact § 24.2-612.2 of the Code of Virginia and to amend the Code of Virginia by adding in Article 4 of Chapter 5 of Title 24.2 a section numbered 24.2-538.1, relating to primary elections; candidates for nomination; withdrawal of candidacy resulting in unopposed primary; primary cancellation and nomination procedure.

24102245D

S.B. 147

Patron: Head

Election administration; deputy general registrars; recommended number. Requires the State Board of Elections to adopt guidance for determining the recommended number of deputy registrars to serve in a county or city based on the size of the county's or city's population as of the most recent decennial census and prohibits a local electoral board from setting a number in excess of such recommendation. The bill allows for additional deputy registrars to be appointed if the local electoral board determines that a greater number than the State Board's recommended number for a county's or city's population is needed and the local governing body approves such number. The bill also requires the Department of Elections to convene a work group no later than July 1, 2024, to advise and collaborate with the State Board on the development of such guidance and directs the work group to complete its work and make public such guidance no later than December 1, 2024. The provisions of the bill other than the requirement for the Department to convene the work group have a delayed effective date of January 1, 2025.

A BILL to amend and reenact § 24.2-112 of the Code of Virginia, relating to election administration; deputy general registrars; recommended number.

24100147D

S.B. 165

Patron: Reeves

Elections; candidates for office; petition of qualified voters; start date. Clarifies the date from which valid signatures for petitions of qualified voters can be collected for persons seeking to become candidates in certain elections.

A BILL to amend and reenact §§ 24.2-506 and 24.2-521 of the Code of Virginia, relating to elections; candidates for office; petition of qualified voters; start date.

24100110D

S.B. 167

Patron: Reeves

Elections; candidates; declaration of candidacy for primary and write-in votes. Provides that the declaration of candidacy include a statement that if the signer's name appears on the primary ballot and he is not nominated then his name is not to be printed on the ballots for that office in the succeeding general election. The bill also provides that, at all elections except primary elections, no write-in vote for any person for any office whose name has appeared on the ballot in a primary election for the same office in the same year will be counted.

A BILL to amend and reenact §§ 24.2-520 and 24.2-644 of the Code of Virginia, relating to elections; candidates; declaration of candidacy for primary and write-in votes.

24103314D

S.B. 188

Patron: Rouse

Election of certain governing bodies; conversion to single-member districts. Allows the governing body of a locality that has been subject to a court order imposing a remedial election system under voting rights laws to adopt an ordinance to convert one or more at-large seats of such body to single-member districts. The bill provides that members of such governing body in office on the effective date of such ordinance shall complete their terms of office.

A BILL to amend and reenact § 15.2-1400 of the Code of Virginia, relating to election of certain governing bodies; conversion to single-member districts.

24104531D

S.B. 239

Patron: Hashmi

Social Work Licensure Compact. Authorizes Virginia to become a signatory to the Social Work Licensure Compact. The Compact allows social workers who have or are eligible for an active, unencumbered license in the compact member state where they reside to apply for a multistate license. After verifying eligibility, the social worker is granted a multistate license that authorizes practice in all other compact member states. The Compact takes effect when it is enacted by a seventh member state.

A BILL to amend the Code of Virginia by adding in Chapter 37 of Title 54.1 an article numbered 3, consisting of a section numbered 54.1-3709.4, relating to Social Work Licensure Compact.

24101999D

S.B. 301

Patron: DeSteph

Campaign finance, required reports; extension of deadlines and appeal of fines. Allows the State Board of Elections or local electoral board to extend a deadline for filing campaign finance reports for any candidate or treasurer who, prior to the deadline, provides notice of extenuating circumstances that will prevent timely filing. Extenuating circumstances may include hospitalization, the death of a family member, being called to active duty, or other reasonable cricumstances. The bill also provides for an appeal process for any person or committee assessed a civil penalty under the Campaign Finance Disclosure Act of 2006. Upon petition, the State Board of Elections or the electoral board, as appropriate, may provide relief to the petitioner for good cause shown. Such relief may include forgiveness of all or a portion of an assessed civil penalty, the retroactive extension of a deadline, or other appropriate remedy.

A BILL to amend and reenact § 24.2-946.4 of the Code of Virginia and to amend the Code of Virginia by adding in Article 8 of Chapter 9.3 of Title 24.2 a section numbered 24.2-953.6, relating to campaign finance, required reports; extension of deadlines and appeal of fines.

24102078D

S.B. 303

Patron: Stuart

Elections; voting equipment and systems; State Board approval process; printed receipt for cast ballot. Requires voting systems approved by the State Board of Elections to produce a printed receipt for each voter who has cast a ballot that shows the date and time the voter's ballot was cast, the voter's number corresponding to the order in which ballots were cast, and a list of all the voter's selections on the ballot as recorded by the voting system.

A BILL to amend and reenact § 24.2-629 of the Code of Virginia, relating to elections; voting equipment and systems; State Board of Elections approval process; printed receipt for cast ballot.

24100195D

S.B. 364

Patron: Ebbin


Elections; protection of election officials; penalty. Adds current or former status as an election official or employee of an election official to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also adds current or former status as an election official or employee of an election official to the categories of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police. The bill provides that a person who is subjected to acts of intimidation or harassment, violence directed against his person, or vandalism to his real or personal property, where such acts are motivated by current or former status as an election official or employee of an election official, may bring a civil action to recover his damages. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of current or former status as an election official or employee of an election official. The bill also 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 §§ 8.01-42.1, 8.01-49.1, 18.2-57, 18.2-121, 18.2-461, 24.2-418, 24.2-1000, and 52-8.5 of the Code of Virginia, relating to elections; protection of election officials; penalty.

24104854D

S.B. 407

Patron: Durant

Interstate Teacher Mobility Compact. Enters the Commonwealth into the Interstate Teacher Mobility Compact, the purpose of which is to facilitate the mobility of teachers across the member states, with the goal of supporting teachers through a new pathway to licensure. The Compact is presently in effect, as it has reached the enactment threshold of 10 state members.

A BILL to amend the Code of Virginia by adding in Title 22.1 a chapter numbered 28, consisting of a section numbered 22.1-381, relating to Interstate Teacher Mobility Compact.

24103947D

S.J.R. 1

Patrons: Boysko, Hashmi

Constitutional amendment (first reference); fundamental right to reproductive freedom. Provides that every individual has the fundamental right to reproductive freedom and that the right to make and effectuate one's own decisions about all matters related to one's pregnancy cannot be denied, burdened, or otherwise infringed upon by the Commonwealth, unless justified by a compelling state interest and achieved by the least restrictive means. The amendment prohibits the Commonwealth from penalizing, prosecuting, or otherwise taking adverse action against an individual for exercising the individual's right to reproductive freedom or for aiding another individual in the exercise of such right, unless justified by a compelling state interest.

Proposing an amendment to the Constitution of Virginia by adding in Article I a section numbered 11-A, relating to the fundamental right to reproductive freedom.

24100511D

S.J.R. 2

Patron: Locke

Constitutional amendment (first reference); qualifications of voters; right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution of Virginia shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution of Virginia provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

Proposing an amendment to Section 1 of Article II of the Constitution of Virginia, relating to qualifications of voters; right to vote; persons not entitled to vote.

24100014D

S.J.R. 10

Patron: Peake

Constitutional amendments (first reference);executive branch of government; Lieutenant Governor and Attorney General; term limits. Prohibits any person from being eligible to be elected to more than two terms as Lieutenant Governor or Attorney General. The amendments provide that service for a partial term does not preclude serving the allowed number of full terms and applies the limits to terms of service to persons elected to serve as Lieutenant Governor and Attorney General in 2029 and thereafter.

Proposing amendments to Sections 13 and 15 of Article V of the Constitution of Virginia, relating to executive branch of government; Lieutenant Governor and Attorney General; term limits.

24102079D

S.J.R. 11

Patron: Ebbin

Constitutional amendment (first reference); marriage between two individuals; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two parties contemplating a lawful marriage on the basis of sex, gender, or race of such parties. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two parties and to treat such marriages equally under the law, regardless of the sex, gender, or race of such parties. The amendment provides that religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.

Proposing an amendment to Section 15-A of Article I of the Constitution of Virginia, relating to marriage between two individuals; repeal of same-sex marriage prohibition; affirmative right to marry.

24101222D