General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Elections

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Elections

Passed

P HB1608

Requirements for political campaign advertisements. Allows for minor variations in the text of the disclosure legend or statement that must appear on the advertisements. The bill provides that textual variations will not be a violation of the basic ad requirements and radio and television ad requirements so long as the "contents of the disclosure legend or statement convey the required information."
Patron - Cole

P HB1647

Elections; sample ballots. Provides that official sample ballots shall be printed on white or yellow paper and that unofficial sample ballots must be printed on a different color paper.
Patron - Orrock

P HB1664

Campaign Finance Disclosure Act; penalties and enforcement. Increases penalties for violations of Act and requires the State Board of Elections, or an appropriate local elections official, to report violations to the attorney for the Commonwealth within 90 days of the report deadline.
Patron - Lingamfelter

P HB1808

Elections; pollbooks. Requires the State Board of Elections to provide instructions for the division of pollbooks and voter lists into sections for the efficient processing of voter lines at the polls.
Patron - Marshall, R.G.

P HB1840

Officers of elections; employment protections; penalty. Provides employment protections to officers of election similar to those enjoyed by jurors. The bill also provides that an officer who serves for more than four hours as an officer shall not be required to start any work shift beginning after 5:00 p.m. on his day of service or before 3:00 a.m. on the following day. A violation by an employer is punishable as a Class 3 misdemeanor.
Patron - Parrish

P HB1847

Elections; training for electoral boards and registrars. Requires at least one member of the electoral board and the general registrar or a staff member designated by him to attend annual training programs provided by the State Board of Elections. The bill also provides that the expenses for electoral board attendance at training sessions will be considered part of the expense plan for electoral boards.
Patron - Brink

P HB1941

Elections; campaign finance; definitions; reports. Defines "candidate" for campaign finance purposes to include persons raising or spending campaign funds to seek office. Also requires that local candidates who raise and spend minimal campaign funds and gain an exemption from reporting requirements file a final report before taking office.
Patron - O'Bannon

P HB2101

Elections; procedures at polling places. Requires a voter to remain in the polling place in the presence of the officers of election from the time that his name is marked on the pollbook as being present to vote and until he has cast his vote. This bill is identical to SB 990.
Patron - Hugo

P HB2376

Elections; officers of elections; oaths. Gives the local electoral board discretion to appoint officers of election for a term not to exceed three years. Authorizes members of the electoral board and registrars to administer the oath of office to officers of election. This bill is identical to HB 2648.
Patron - Rapp

P HB2383

Defense of electoral board members and general registrar staff; costs. Requires the Division of Risk Management to select counsel and the Commonwealth to pay the costs and legal fees associated with the defense of electoral board members and general registrar's staff in any legal or equitable action. Under current law, such costs and fees are not supported in actions that do not seek monetary damages. This bill is identical to SB 898.
Patron - Barlow

P HB2412

Voter registration applications; destruction of, or failure to mail or deliver, applications; instructions; other offenses; penalty. Requires the State Board of Elections, local electoral board, and general registrar to provide notice of the penalty (a Class 1 misdemeanor) for destruction of, or failure to mail or deliver, signed voter registration applications in any instructions given for voter registration drives or with distributions of multiple voter registration applications. The bill also makes it a Class 5 felony to solicit multiple registrations from one person or to falsify a registration application. This bill is identical to SB 923.
Patron - Brink

P HB2415

Elections; provisional ballots; ascertaining results of election. Requires an officer of election to give a voter who has cast a provisional ballot written notice of the meeting of the electoral board at which provisional ballots will be reviewed and denied or voted. The bill provides for possible extensions of the electoral board meeting to allow a voter to provide proof of his right to vote.
Patron - Brink

P HB2539

Campaign finance reports by PACs and committees; penalties. Provides for the quarterly filing of reports by PACs and committees in lieu of the present series of required reports and requires prompt reporting of single contributions of more than $10,000. This bill contains an emergency clause.
Patron - Jones, S.C.

P HB2540

Campaign finance; special elections filings. Provides that candidates, who run in a special election for public office and who have not filed a final report closing their past campaign, are required to file reports on an election year schedule in succeeding election years for the same office. A similar bill was passed in 2004 that applied to general, but not special, elections.
Patron - Jones, S.C.

P HB2853

House of Delegates districts; composition. Adjusts the House of Delegates line between the Thirtieth and Fifty-eighth Districts through Orange County in order to eliminate two split precincts. The adjustment leaves the population deviations of the districts at -2.1 percent and -1.2 percent, respectively.
Patron - Scott, E.T.

P HB2930

Voting equipment security; Freedom of Information Act provisions. Provides limited exemptions from certain Freedom of Information Act requirements for documents and meetings of the State Board of Elections and local electoral boards pertaining to the security of ballots and voting equipment and related security risk assessment procedures.
Patron - Hugo

P HB2934

Assistance for certain voters at polls. Requires that the person assisting a blind person to vote sign the request just as is currently required of a person assisting any other voter who requests assistance by reason of physical disability or inability to read or write. A person assisting a blind voter currently must provide his name and address but is not actually required to sign the statement.
Patron - Rapp

P HJ667

Campaign Finance Disclosure Act. Encourages the State Board of Elections to review the Campaign Finance Disclosure Act to determine the need for clarification and reorganization of the law.
Patron - Albo

P SB898

P SB923

Voter registration applications; destruction of, or failure to mail or deliver applications; instructions; other offenses; penalty. Requires the State Board of Elections, local electoral board, and general registrar to provide notice of the penalty (a Class 1 misdemeanor) for destruction of, or failure to mail or deliver, signed voter registration applications in any instructions given for voter registration drives or with distributions of multiple voter registration applications. The bill also makes it a Class 5 felony to solicit multiple registrations from one person or to falsify a registration application. This bill is identical to HB 2412.
Patron - Blevins

P SB928

Elections; polling place requirements. Authorizes local governments, local electoral boards, and the State Board of Elections to make monetary grants to non-governmental entities for the purpose of providing accessible polling places.
Patron - Puller

P SB990

P SB996

Campaign Finance Disclosure Act; referendum committees; civil penalty. Provides that a referendum committee that continues in existence more than six months after the referendum is held may either file a final report or continue as a political committee subject to the filing requirements for political committees. There is a civil penalty of $500 for the failure to file or late filing of an appropriate statement of organization.
Patron - Devolites Davis

P SB1003

Elections; primary candidate filing fees. Provides for payment of fees by candidates for statewide offices to the State Board of Elections rather than to the Treasurer of the Commonwealth. The fees are to be used in paying the Commonwealth's expenses for the primary.
Patron - Devolites Davis

P SB1080

Campaign finance; reports of large contributions to governing body members. Requires the reporting of any single contribution of $500 or more made to a governing body member in a non-election year to be filed with the local electoral board by the end of the fifteenth business day, rather than the fifth business day, after receipt, and eliminates provisions on aggregating contributions.
Patron - Ticer

Failed

F HB1507

Redistricting process. Provides a new method for the preparation of state legislative and congressional redistricting plans; spells out standards for developing plans; precludes consideration of incumbency and political data in developing plans; assigns responsibility to the Division of Legislative Services to prepare plans for submission to the General Assembly; and establishes a temporary redistricting advisory commission to advise the Division, disseminate information on plans, and hold hearings for public reaction to plans. This bill is patterned after the Iowa redistricting process.
Patron - Shuler

F HB1509

Elections; activities at polling places. Authorizes the electoral board and the person in charge of the facility where a polling place is located to approve a sale of refreshments by a nonprofit, nonpartisan group within the 40-foot prohibited area at the polling place. The sales must be conducted by persons too young to vote.
Patron - Marshall, R.G.

F HB1549

Electronic voting systems. Requires that direct electronic voting devices be equipped to provide voter-verified paper ballots by January 1, 2007, and that the State Board of Elections begin a testing program for direct electronic voting devices and accompanying voter-verified paper ballots at the November 2005 general election. The Board shall conduct a random audit of direct electronic voting devices for comparison with the results obtained under the testing program.
Patron - Alexander

F HB1555

Residence addresses for purposes of voter registration and Department of Motor Vehicles applications and records. Requires individuals to provide the same residence address for purposes of voter registration and for obtaining licenses, permits, and identity cards from the Department. Directs the State Board of Elections and Department to implement procedures to verify the same residence address is shown on the voter registration system and Department records.
Patron - Purkey

F HB1582

Elections; absentee voting and absentee ballot applications. Provides that any person who will be age 65 or older on the election day may vote absentee.
Patron - Reese

F HB1657

Unauthorized use of military medals and decorations in political campaign advertisements; penalty. Prohibits the display in political campaign advertisements of military decorations in any manner not authorized under federal law and makes a violation a Class 1 misdemeanor.
Patron - Lingamfelter

F HB1665

Ballots and election materials; exemption from certain purchasing and procurement requirements; exceptions. Provides that the exemption does not apply to the purchase of mechanical or electronic voting or counting equipment and systems.
Patron - Lingamfelter

F HB1681

Electoral College. Provides that the Commonwealth's votes in the Electoral College shall be allocated by the popular vote statewide and in each congressional district. The candidates for President and Vice President who win the popular statewide vote will receive the votes of the two statewide electors and the candidate who wins the popular vote in each congressional district will receive the vote of that district's elector. Maine and Nebraska allocate electoral college votes in this manner.
Patron - Scott, J.M.

F HB1742

State Board of Elections; voter registration cards. Provides that every voter registration card shall state the name and address for the voter's polling place.
Patron - Ward

F HB1773

Absentee ballot applications. Provides for the submission of applications for absentee ballots to local registrars through the official website of the State Board of Elections. The online application will contain all the information of the standard application, except for the signature requirement, plus a field for the applicant's e-mail address. The State Board website will e-mail the application automatically to the appropriate local registrar and generate an e-mail confirmation of receipt of the application to the applicant.
Patron - Dillard

F HB1846

Special elections to fill vacancies on governing bodies and school boards in certain circumstances. Provides for a special election as soon as practicable if vacancies and circumstances cause the governing body or school board to be composed entirely of appointed members.
Patron - Brink

F HB1905

Virginia Clean Election Act and Fund; penalties. Establishes an alternative, publicly financed, campaign financing option for candidates for Governor, Lieutenant Governor, and Attorney General. A candidate may volunteer to participate and be certified for public funds after a qualifying process. A participating candidate may not accept or spend private contributions and must abide by the campaign contribution and spending restrictions set out in the Act. The bill establishes the Virginia Clean Election Commission to administer the Act and Fund. The bill is based on the Maine Clean Election Act.
Patron - Baskerville

F HB1909

Elections; absentee voting. Provides that qualified voters may vote absentee for any reason. The bill eliminates the present statutory list of specific reasons entitling a voter to cast an absentee ballot. Several special provisions concerning military and overseas absentee voters are consolidated in one new provision. This bill is identical to HB 2153, HB 2636, and SB 1226.
Patron - Baskerville

F HB1957

Elections; requirements for county and city precincts. Requires the county or city governing body to establish one precinct and polling place within the boundaries of each accredited public or private four-year institution of higher education located in the county or city. The bill is effective January 1, 2006.
Patron - Jones, D.C.

F HB2021

Campaign finance disclosure; electronic filing of disclosure reports. Requires candidates for the General Assembly to file disclosure reports by computer or electronic means in accordance with State Board of Elections standards.
Patron - Welch

F HB2090

Elections; voter registration; political party affiliation. Adds party affiliation 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 July 1, 2006, 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 except during the 28 days before an election when the registration records are closed. The bill does not change Virginia's present primary laws, and all registered voters remain eligible to participate in the primaries of any political party. The State Board of Elections is authorized to collect party preference information from voters at 2005 elections to be incorporated into the revised Virginia Voter Registration System once it becomes operational.
Patron - Hugo

F HB2096

Elections; authorized use of direct recording electronic machines; moratorium on purchases; emergency. Prohibits localities from purchasing any direct recording electronic machines from the effective date of the act to January 1, 2006, unless the joint subcommittee established by House Joint Resolution No. 174 adopted by the General Assembly at the 2004 Regular Session approves the purchase. This bill contains an emergency clause.
Patron - Hugo

F HB2138

Elections; solicitation of absentee ballot applications or ballots. Makes it unlawful for anyone to solicit, in person, absentee ballot applications or ballots from more than two individuals in any hospital, nursing home, or assisted living facility. The prohibition does not apply to family members or to general or assistant registrars, electoral board members or their staffs. A violation of the section is a Class 1 misdemeanor under § 24.2-1017.
Patron - Purkey

F HB2153

F HB2172

Absentee ballot procedures. Modifies the current provision that voids an absentee ballot if the statutory procedures for voting absentee are not followed. The bill allows a ballot to be counted if there is substantial compliance with the procedures and the error or omission involved is not material in determining whether the ballot is the "valid vote of the absentee voter."
Patron - Johnson

F HB2173

Absentee ballot procedures. Permits the local electoral board to send electronically, rather than by mail, the absentee ballot, a return envelope form, and instructions to absentee ballot applicants residing or stationed outside the continental United States.
Patron - Johnson

F HB2204

Elections; primaries; voter registration; political party affiliation. Adds party affiliation 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, 2006, 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 except during the 28 days before an election when the registration records are closed. The appropriate party chairman for each election district of each political party must notify the State Board not less than 80 days before the primary of the party's determination who may participate in the party primary.
Patron - Marrs

F HB2413

Elections; required number of voting machines and counters. Increases the number of machines required to one per 500, rather than 750, registered voters and number of counters required to one per 300, rather than 425, registered voters. The bill will take effect January 1, 2008.
Patron - Brink

F HB2414

Elections; final testing of voting equipment before election. Requires testing to be done at least two weeks and no more than six weeks before the election and notice of the testing to be mailed at least five business days before the testing. The bill requires copies of the notice to be sent to the State Board of Elections and to the appropriate political party chairmen. The bill further requires local party chairs and candidates to furnish a letter designating their authorized representatives. The State Board is required to post a schedule of tests on its website for elections held on and after January 1, 2006.
Patron - Brink

F HB2560

Electronic voting systems. Provides that direct electronic voting devices such as touch screen devices must be equipped to provide a paper copy record of the votes cast on a contemporaneous and continuing basis as votes are cast and accumulated on the device.
Patron - Cline

F HB2603

House of Delegates Districts. Makes a technical adjustment between the Fifteenth and Twenty-fifth House of Delegates districts within Rockingham County so as to include territory annexed by the Town of Elkton in the Twenty-fifth district and eliminate the split of a precinct.
Patron - Landes

F HB2611

Elections; training for persons conducting voter registration drives. Requires the State Board of Elections, local electoral board, or general registrar's office to furnish training, along with instructions, to any person to whom it furnishes 10 or more voter registration applications and who will be conducting a voter registration drive.
Patron - Hugo

F HB2636

F HB2648

F HB2727

Campaign Finance Disclosure Act; record retention requirements and reviews of campaign finance disclosure reports. Provides that (i) the State Board of Elections shall review the campaign finance reports of candidates for Governor, Lieutenant Governor, Attorney General, and 10 percent of the candidates for the General Assembly selected at random; (ii) the review shall be for the purposes of (a) reconciling the balance in the campaign depository with the amounts reported in the candidate's reports of receipts and expenditures and (b) reviewing the reports for mathematical accuracy and completeness, including the reporting of specific information required by law; (iii) the Board shall meet publicly to select by a random drawing the General Assembly candidate campaigns to review; (iv) a campaign committee shall be exempt from review if it has received less than $25,000 in contributions; and (v) the campaign treasurer shall retain, and provide on request by the Board, the bank statements and copies of checks issued on campaign depositories and receipts for campaign fund expenditures greater than $500. The bill will take effect January 1, 2006.
Patron - Scott, J.M.

F HB2728

Campaign finance disclosure; special reports of certain large contributions received by incumbent governing body members. Changes the deadline for filing the required reports to the end of the fifteenth, rather than fifth, day following receipt of the contribution. The bill also clarifies rules applicable to reporting aggregations of contributions.
Patron - Scott, J.M.

F HB2758

Early voting. Provides that any registered voter qualified to vote in the election may vote in person from 17 to three days before the election at specified times and at the sites provided in the locality. The provisions for absentee voting remain in effect except that the provisions for in-person absentee voting are superceded by the early voting process for the early voting period. The bill takes effect January 1, 2006. This bill is identical to SB 1076.
Patron - Ebbin

F HB2799

Brunswick County school board election. Provides for the first election of the school board members in November 2005 for two-year terms and for regular elections thereafter for four-year terms. This bill contains an emergency clause and is identical to SB 1065.
Patron - Wright

F HJ565

Young voters. Encourages the State Board of Elections and the Commonwealth's local electoral boards to increase their collaborative efforts to encourage young people to register and vote.
Patron - Van Yahres

F SB771

Campaign fundraising; legislative sessions. Removes the present ban on campaign fundraising during regular sessions for General Assembly members who are candidates for statewide and federal offices and for statewide officials. The bill retains the present ban on fundraising during regular sessions for General Assembly members in connection with campaigns for election to the General Assembly.
Patron - Bell

F SB782

Absentee ballot procedures. Modifies the current provision that voids an absentee ballot if the statutory procedures for voting absentee are not followed. The bill allows a ballot to be counted if there is substantial compliance with ministerial procedures and the procedural error or omission involved is not material in determining whether the ballot is the "valid witnessed vote of the registered absentee voter." The State Board of Elections is required to promulgate uniform statewide instructions to implement the measure.
Patron - Mims

F SB838

Elections; absentee voting and absentee ballot applications. Adds to the list of reasons for which absentee ballots may be voted. The bill expands the category of caregivers entitled to vote absentee to include persons primarily and personally responsible for the care or schooling of one or more preschool or school-age children who are cared for or schooled at home. Names of persons cared for or schooled at home are not subject to public inspection or copying.
Patron - Cuccinelli

F SB849

Elections; absentee ballot procedures. Revises the procedures governing the situations in which a voter has applied for and failed to receive an absentee ballot or has received an absentee ballot and has lost it, defaced it, or wishes to return it and vote in person.
Patron - Howell

F SB868

Advisory referendum in the City of Hopewell; election of city council. Provides that a referendum shall be held on the question of whether the qualified voters desire the city to change the method of city council elections from the current seven ward system to a five ward, two at-large ward system.
Patron - Quayle

F SB883

Elections; voter identification requirements. Provides that voters must present identification containing a photograph and signature. The State Board of Elections is directed to provide a voter registration card with a photograph and signature for any person not having a driver's license or identification card issued by the Department of Motor Vehicles. Voters who do not offer valid identification may cast a provisional ballot. The bill is effective January 1, 2006.
Patron - Obenshain

F SB899

F SB973

Elections; compensation, expenses, and status of electoral boards and general registrars and their staffs. Requires localities to provide civil service status and grievance procedures for staffs of electoral boards and registrars on a basis comparable to that provided to local employees.
Patron - O'Brien

F SB989

Elections; Director of State Board of Elections. Creates the position of Director of the State Board of Elections to be appointed by the Board, subject to confirmation by the General Assembly, to be the chief administrative officer for the Board. The Director will replace the present position of Secretary, a position now held by a Board member appointed and designated Secretary by the Governor.
Patron - Devolites Davis

F SB1044

Elections; primaries; voter registration; political party affiliation. Adds party affiliation 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, 2006, 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 except during the 28 days before an election when the registration records are closed. The state party chairman of each political party must notify the State Board by January 31 of each year, of the party rules governing who may participate in the party's primaries.
Patron - Martin

F SB1063

Reports of certain expenditures by voting equipment vendors. Provides for semi-annual filing of reports by voting equipment vendors of any expenditures made to influence the State Board of Elections, any local electoral board, general registrar, or local governing body to approve or acquire any mechanical or electronic device or equipment for use in elections in Virginia.
Patron - Lucas

F SB1065

F SB1071

Citizenship status for purposes of voter registration and Department of Motor Vehicles applications and records. Provides that individuals shall state the same citizenship status for purposes of voter registration and for obtaining licenses, permits, and identity cards from the Department. The bill also directs the State Board of Elections and Department to implement procedures to verify that the same citizenship status is shown on the voter registration system and Department records.
Patron - Cuccinelli

F SB1076

F SB1104

Elections; absentee voting and absentee ballot applications. Provides that any person who will be age 75 or older on the election day may vote absentee.
Patron - Whipple

F SB1133

F SB1226

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Elections

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