va legislation summary 2010

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Summary of Legislation Impacting Administration of Elections in Virginia - Effective July 1, 2010Virginia State Board of Elections

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Summary of Legislation Impacting

Administration of Elections in Virginia

Effective July 1, 2010

The following is a summary of significant legislation passed by the 2010 General Assembly

that impacts the administration of elections in Virginia. These are effective as of July 1,

2010.

This is only a summary and this list is not all inclusive. Individuals are encouraged to visit

the Division of Legislative Services website for a complete listing of bills passed by the 2010

General Assembly and signed into law by the Governor. (http://leg1.state.va.us/lis.htm)

Also, please be aware some locality charters have changed and you should look at the

various links to confirm a particular locality is not affected by other changes in the law that

are not included in this summary.

A helpful summary of key legislation in all areas including elections and constitutionalamendments passed for inclusion on the November 2010 ballot can be found here:http://dls.state.va.us/pubs/hilights/2010/Highlights2010.pdf (constitutional amendments aresummarized on page 2).

Although this is only a summary of the bills, the full text of the bill is also located on theDivision of Legislative Services website. For organizational purposes, the legislation ispresented by subject matter.

Acronyms Used in the Summary:

AG: Attorney GeneralEB: Electoral BoardGR: General RegistrarSBE: State Board of Elections


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Absentee Voting

HB0050: Absentee voting; duties of the GR; penalty. Requires, once the printed ballots areavailable, that the GR send the AB within 3 business days of receiving a properly completedapplication. Any person who fails to discharge his duty regarding the AB process through willful

neglect of duty and with malicious intent is guilty of a Class 1 misdemeanor.

HB0063: In-person absentee voting; late applications and emergencies. Expands the scopeof persons defined as members of the voter's immediate family, and whose death orhospitalization permits the registered voter to submit a late application for in-person absenteevoting, to now include adopted children, legal guardians, and siblings whether they are of wholeor half blood.

HB0217: Elections; absentee ballot lists. Requires the SBE to provide an electronic copy ofthe absentee voter applicant list to any political party or candidate, upon request and for areasonable fee.

HB1235 and SB0055:AB; various deadlines related to ballot preparation and receipt;write-in AB. Requires that AB be prepared & available for absentee voting not later than 45days before any election rather than 45 days before the Nov. election & 30 days before otherelections. The bill also requires preparation of ballots 45 days in advance of special elections forfederal office and allows, if necessary, preparation as soon after that deadline as possible forother special elections. Various deadlines for nominations and filings are adjusted in response tothe ballot preparation change. The bill provides that voters who are entitled to vote absentee dueto active duty military service, membership in the merchant marines, or temporary residenceoutside of the country, or the spouse or dependent residing with such a voter, may use a write-inAB to vote in state and local elections, as well as federal elections. The write-in AB may alsoserve as an AB application and voter registration application for state and local elections, as wellas federal elections. Such voters may apply for ballots for multiple elections for a period of 1year or through the end of the federal election cycle in which the voter submits his registration,whichever is longer. Current law allows multiple ballots for a period covering 2 federalelections. The bill also adds a requirement that the EB send such military and overseas voters anavailable printed AB within 3 business days. The bill also allows, in certain instances, for thecounting of AB received from such voters after the

close of polls and two business days before the SBE meets to ascertain the results and allowsadjusting the final returns to include such ballots.

SB0051: Authorizes any person who has been designated by a political party or candidate to be arepresentative of that party or candidate inside a polling place on the day of the election to castan AB.

SB0060: Copying of AB applications. Provides that applications for ABs may be inspected, butnot copied. Currently, the applications may be inspected and copied.


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SB0308: Retention of AB applications. Provides that the GR may retain all AB applicationsuntil the EB has ascertained the results of the election, and has determined the validity of andcounted all provisional ballots, before delivering such applications to the clerk of the circuitcourt. Currently, such applications must be delivered to the clerk before noon on the dayfollowing the election.

SB0313:Absentee voters; central absentee voting precinct. Provides that a voter, who hasapplied for but did not receive or has lost an AB or who returns an unused or accidently spoiledAB, shall be allowed to vote on Election Day at his proper polling place or at a central absenteevoter precinct for his county or city.

Access to Data

SB0306: Information provided to political parties and candidates. Provides that, uponrequest and at a reasonable charge not to exceed the actual cost incurred, a political party or

candidate is entitled to receive a copy of (i) the list of Officers of Election showing their partydesignation and assigned precinct and (ii) any instructions or information provided by the StateBoard to local electoral boards and registrars. The Board is required to post on the Internet itsrules and regulations within three business days of their adoption.

Administration of Elections

HB0104: Elections; filing deadlines. Increases the duration of time between filing deadlinesand November elections. Declarations of candidacy for a special election held in November willneed to be filed 81 days, rather than 74 days, before the election. A referendum election must beordered 81 days, rather than 60 days, before the referendum election.

HB0450:Appointments to fill vacancies in local offices. Provides that persons appointed toserve the remainder of a term due to vacancy in a local office shall exercise all powers of theelected office. The bill also affirms votes cast prior to July 1, 2010, by persons duly appointed tofill a vacancy, including votes appropriating money in excess of $500, imposing taxes, orauthorizing the borrowing of moneys, are validated and confirmed as the lawful vote of anelected member of the governing body. Although in conflict with a recent opinion of theAttorney General, the amendments are consistent with case law and an earlier opinion of theAttorney General.

HB1014: Elections; filling vacancies in certain local offices; special elections. Provides thatvacancies in a governing body or elected school board shall be filled by special election. If thevacant position is not that of a constitutional officer, the position may be filled temporarily by aninterim appointment. The requirement for a special election would override charter provisionsthat allow a governing body or school board to appoint a person to serve the entire remainingportion of a term. The exemption for towns with a population of 3,500 or less is removed.


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HB1382: Public disclosure of personal information; law-enforcement officers. Prohibits astate or local agency from publicly posting or displaying on the Internet the home address orpersonal telephone numbers of a law-enforcement officer if the officer has made a writtendemand such information not be disclosed. The written demand must include a copy of a courtorder authorizing the state or locality to remove the information. The bill also clarifies the

publication of a person's primary residence address along with his name or photograph with theintent to coerce, intimidate, or harass is unlawful.

SB0050: Officers of election; training. Provides that the State Board of Elections shall requirecertification that officers of election have been trained consistent with the training standards setby the Board. Such certification shall be submitted by the local electoral board each year beforethe November general election. The bill also provides that each local electoral board shallcertify that such training has been conducted every four years.

SB0061:Appointment of officers of election. Provides that if an EB decides to appointsubstitute or additional officers of election after the appointments made by the board at its

regular meeting in February, such appointments shall be made, if practicable, from lists ofnominations filed by the political parties entitled to representation as officers. The bill alsoprovides no more than 1/3 of the officers appointed for each precinct may be citizens who do notrepresent any political party.

SB0137: Lists of registered voters; disclosure to commissioners of the revenue and

treasurers. Allows the SBE to furnish, for a reasonable fee, lists of registered voters tocommissioners of the revenue and city or county treasurers for tax assessment, collection, andenforcement purposes.

SB0654: Electronic reforms; SBE. Makes several amendments to Title 24.2 (Elections) thatauthorize the SBE to utilize various electronic systems. The bill provides the SBE shall provideonly electronic pollbooks, and not paper pollbooks, for any election held on or after November 1,2010, and for all subsequent years and makes corresponding amendments that become effectiveon November 1, 2010. The bill further provides the SBE may furnish an electronic copy ofabsentee voter applicant lists to candidates or political parties for use only for campaign andpolitical purposes. Such lists shall not contain any voter's SS number, or part thereof; day andmonth of birth; or residence address of a voter who has provided a P.O box in lieu of a residencestreet address.

Ballot Access

HB0499:Candidates for office; petitions. Provides persons signing petitions for anindependent candidate or candidate for nomination by primary will no longer be required toprovide their social security number, and will be permitted, but not required, to include the last 4digits of their SS number.

HB1203: State Board of Elections; Candidate consent. Requires recognized political partiesto receive consent from a candidate before nominating them.


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Campaign Finance

HB0125: Campaign Finance Disclosure Act; materials to be provided by SBE and AG.

Requires the AG to provide a written explanation of the provisions of the Act that prohibit thepersonal use of campaign funds and to delineate the differences between prohibited personal usesof campaign funds and permitted uses of the funds. The AGs explanation shall be distributed bySBE to all candidates, committees, and persons subject to the Act's provisions.

HB0215: Campaign telephone calls; caller identification. Prohibits any candidate, candidatecampaign committee, person, corporation, or political committee making campaign telephonecalls to intentionally modify caller identification information in order to mislead the recipient asto the identity of the caller. If the call is made from an "automatic dialing-announcing device"and caller identification information includes a name associated with the telephone number, thenthe caller identification information shall include, as appropriate, the name of the candidate,

candidate campaign committee, person, corporation, or political committee that has authorizedand is paying for the calls or the vendor conducting the calls.

HB0356: Campaign finance; political campaign advertisements. Requires the SBE hold apublic hearing when determining whether the chapter on political campaign advertisements hasbeen violated and whether to assess a civil penalty. The Board is required to send notice bycertified mail to persons whose actions will be reviewed and who may be subject to a civilpenalty at least 10 days before the hearing. Notice shall include the date and time of the hearing,an explanation of the violation, and maximum assessable penalty.

HB1387: Campaign finance information and reports; public access. Clarifies thatinformation, not required to be entered into the campaign finance database that candidates orcommittees may include in campaign finance report-creation software managed by or for theState Board, is not required to be disclosed to the public.

SB0723:Campaign finance disclosure; special reports of large contributions by governingbody members. Repeals the provision ( 24.2-948) enacted in 2004 that required governingbody members during non-election years to report campaign contributions of $500 or morewithin 15 business days of receipt. The bill amends other sections in the Code to deletereferences to the repealed provision.


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Election Day Procedures

HB0220: Polling places; campaigning activities. Clarifies that the exemption allowing a voter

to enter a polling place wearing a shirt, hat, or other apparel on which a candidate's name or apolitical slogan appears does not apply to candidates, representatives of candidates, or any otherperson who enters the polling place for a purpose other than voting. Local EBs are provided theflexibility in the designation of the 40-ft. prohibited area if an entrance to the building is from anadjoining building, or if establishing the prohibited area outside the polling place would hinderor delay a qualified voter from entering or leaving the building.

HB1000:Elections; emergency procedures. Requires a local EB to give notice, includingnotice to all candidates on the ballot if an emergency makes a polling place unusable orinaccessible and the provide an alternate polling place. The provision of the alternative pollingplace is subject to the prior approval of the SBE. The bill adds a definition of "emergency."

SB0049: Authorized representatives at polling places; use of wireless communication

devices. Provides that authorized representatives of political parties or candidates permitted toobserve activities at polling places shall be a qualified voter in any jurisdiction in theCommonwealth. Currently, such representatives must be a qualified voter of the county or citywhere the polling place is located. The bill also permits such representatives to use handheldwireless communication devices at polling places provided such devices do not contain a cameraor other imaging device.

Freedom of Information Act (FOIA)

HB1028:FOIA; recording of public meetings. Prohibits any public body from conducting arequired open meeting to be held in any building or facility where recording devices areprohibited. The bill also clarifies no public body may prohibit or prevent any person fromphotographing, filming, recording, or otherwise reproducing any portion of a meeting required tobe open.


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Voting Equipment

HB0390:SBE; voting equipment requirements. Authorizes the local EB to exclude absentee

voters from the calculation of registered voters used to determine the number of mechanical andelectronic voting or counting devices that must be provided in each precinct. The board mustsend the SBE a statement of the number of voting systems to be used in each precinct, and theSBE may direct the local board to provide more systems.

HB1225 and SB0593:Elections; voting equipment; acquisition of DREs. Allows localities toacquire DREs from other localities within the Commonwealth from their existing stock for thepurpose of providing one voting system at each polling place equipped for individuals withdisabilities. The local EB shall notify the SBE when acquiring DREs under this subdivision andshall certify to the SBE the DREs acquired under this subdivision are necessary to meetaccessible voting requirements.

Voter Registration

SB0309: Voter registration applications; retention of information on applicant's last

previous residence. Provides the GR for the locality where a voter currently resides shall retainthe portion of the application that shows the applicant's last previous place of registration, or acopy thereof, if the voter formerly resided in another state. The GR shall send the original or acopy to the appropriate registration official of the other state where the applicant formerlyresided.

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