13104508D
Be it enacted by the General Assembly of Virginia: 1. That §§24.2-101, 24.2-102, 24.2-103, 24.2-404.1, 24.2-411.2, 24.2-455, 24.2-464, 24.2-502, 24.2-644, 24.2-713, 24.2-946.4, 24.2-953.3, 24.2-953.4, and 64.2-2014 of the Code of Virginia are amended and reenacted as follows: §24.2-101. Definitions. As used in this title, unless the context requires a different meaning: "Candidate" means a person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. "Candidate" shall include a person who seeks the nomination of a political party or who, by reason of receiving the nomination of a political party for election to an office, is referred to as its nominee. For the purposes of Chapters 8 (§24.2-800 et seq.), 9.3 (§24.2-945 et seq.), and 9.5 (§24.2-955 et seq.), "candidate" shall include any write-in candidate. However, no write-in candidate who has received less than 15 percent of the votes cast for the office shall be eligible to initiate an election contest pursuant to Article 2 (§24.2-803 et seq.) of Chapter 8. For the purposes of Chapters 9.3 (§24.2-945 et seq.) and 9.5 (§24.2-955 et seq.), "candidate" shall include any person who raises or spends funds in order to seek or campaign for an office of the Commonwealth, excluding federal offices, or one of its governmental units in a party nomination process or general, primary, or special election; and such person shall be considered a candidate until a final report is filed pursuant to Article 3 (§24.2-947 et seq.) of Chapter 9.3. "Central absentee voter precinct" means a precinct established by a county or city pursuant to §24.2-712 for the processing of absentee ballots for the county or city or any combination of precincts within the county or city. "Constitutional office" or "constitutional officer" means a county or city office or officer referred to in Article VII, Section 4 of the Constitution of Virginia: clerk of the circuit court, attorney for the Commonwealth, sheriff, commissioner of the revenue, and treasurer. "Department of Elections" means the state agency headed by the Commissioner of Elections. "Election" means a general, primary, or special election. "Election district" means the territory designated by proper authority or by law which is represented by an official elected by the people, including the Commonwealth, a congressional district, a General Assembly district, or a district for the election of an official of a county, city, town, or other governmental unit. "Electoral board" or "local electoral board" means a board appointed pursuant to §24.2-106 to administer elections for a county or city. The electoral board of the county in which a town or the greater part of a town is located shall administer the town's elections. "Entrance of polling place" or "entrance to polling place" means an opening in the wall used for ingress to a structure. "General election" means an election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by law to be filled at those times. "Officer of election" means a person appointed by an electoral board pursuant to §24.2-115 to serve at a polling place for any election. "Party" or "political party" means an organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office. "Person with a disability" means a person with a disability as defined by the Virginians with Disabilities Act (§51.5-1 et seq.). "Polling place" means the structure that contains the one place provided for each precinct at which the qualified voters who are residents of the precinct may vote. "Precinct" means the territory designated by the governing body of a county, city, or town to be served by one polling place. "Primary" or "primary election" means an election held for the purpose of selecting a candidate to be the nominee of a political party for election to office. "Qualified voter" means a person who is entitled to vote pursuant to the Constitution of Virginia and who is (i) 18 years of age on or before the day of the election or qualified pursuant to §24.2-403 or subsection D of §24.2-544, (ii) a resident of the Commonwealth and of the precinct in which he offers to vote, and (iii) registered to vote. No person who has been convicted of a felony shall be a qualified voter unless his civil rights have been restored by the Governor or other appropriate authority. No person adjudicated incapacitated shall be a qualified voter unless his capacity has been reestablished as provided by law. "Qualified voter in a town" means a person who is a resident within the corporate boundaries of the town in which he offers to vote, duly registered in the county of his residence, and otherwise a qualified voter. "Referendum" means any election held pursuant to law to submit a question to the voters for approval or rejection. "Registered voter" means any person who is maintained on the Virginia voter registration system. All registered voters shall be maintained on the Virginia voter registration system with active status unless assigned to inactive status by a general registrar in accordance with Chapter 4 (§24.2-400 et seq.). For purposes of applying the precinct size requirements of §24.2-307, calculating election machine requirements pursuant to Article 3 (§24.2-625 et seq.) of Chapter 6, mailing notices of local election district, precinct or polling place changes as required by subdivision 13 of §24.2-114 and §24.2-306, and determining the number of signatures required for candidate and voter petitions, "registered voter" shall include only persons maintained on the Virginia voter registration system with active status. "Registration records" means all official records concerning the registration of qualified voters and shall include all records, lists, applications, and files, whether maintained in books, on cards, on automated data bases, or by any other legally permitted record-keeping method. "Residence" or "resident," for all purposes of qualification to register and vote, means and requires both domicile and a place of abode. To establish domicile, a person must live in a particular locality with the intention to remain. A place of abode is the physical place where a person dwells. "Special election" means any election that is held pursuant to law to fill a vacancy in office or to hold a referendum. "State Board" or "Board" means the State Board of Elections. "Virginia voter registration system" or "voter registration system" means the automated central record-keeping system for all voters registered within the Commonwealth that is maintained as provided in Article 2 (§24.2-404 et seq.) of Chapter 4. §24.2-102. Appointment; terms; Commissioner of Elections; prohibited activities. The State Board of Elections is continued and shall consist of three members appointed by the Governor from the qualified voters of the Commonwealth, subject to confirmation by the General Assembly. In the appointment of the Board, representation shall be given to each of the political parties having the highest and next highest number of votes in the Commonwealth for Governor at the last preceding gubernatorial election. Two Board members shall be of the political party which cast the highest number of votes for Governor at that election. When the Governor was not elected as the candidate of a political party, representation shall be given to each of the political parties having the highest and next highest number of members of the General Assembly at the time of the appointment and two Board members shall be of the political party having the highest number of members in the General Assembly. Each political party entitled to an appointment may make and file recommendations with the Governor for the appointment. Its recommendations shall contain the names of at least three qualified voters of the Commonwealth. Board members shall serve four-year terms beginning February
1, 1995, and each fourth year thereafter. Vacancies shall be filled for the
unexpired terms. No member The Governor shall No member of the Board shall be eligible to offer for or hold an office to be filled in whole or in part by qualified voters in the Commonwealth. If a member resigns to offer for or hold such office, the vacancy shall be filled as provided in this section. No member of the Board shall serve as the chairman of a state, local, or district level political party committee or as a paid worker in the campaign of a candidate for nomination or election to an office filled by election in whole or in part by qualified voters in the Commonwealth. §24.2-103. Powers and duties in general. A. The State Board, through the Department of Elections, shall supervise and coordinate the work of the county and city electoral boards and of the registrars to obtain uniformity in their practices and proceedings and legality and purity in all elections. It shall make rules and regulations and issue instructions and provide information consistent with the election laws to the electoral boards and registrars to promote the proper administration of election laws. Electoral boards and registrars shall provide information requested by the State Board and shall follow (i) the elections laws and (ii) the rules and regulations of the State Board insofar as they do not conflict with Virginia or federal law. The State Board shall post on the Internet within three business days any rules or regulations made by the State Board. Upon request and at a reasonable charge not to exceed the actual cost incurred, the State Board shall provide to any requesting political party or candidate, within three days of the receipt of the request, copies of any instructions or information provided by the State Board to the local electoral boards and registrars. B. The State Board, through the Department of Elections, shall ensure that the members of the electoral boards and general registrars are properly trained to carry out their duties by offering training annually, or more often, as it deems appropriate, and without charging any fees to the electoral boards and general registrars for the training. The State Board shall set the training standards for the officers of election to be fulfilled by the local electoral boards and general registrars. The State Board shall require certification that officers of election have been trained consistent with the training standards set by the Board. Such certification shall be submitted each year prior to the November general election by the local electoral board. C. The State Board may institute proceedings pursuant to §24.2-234 for the removal of any member of an electoral board who fails to discharge the duties of his office in accordance with law. The State Board may petition the local electoral board to remove from office any general registrar who fails to discharge the duties of his office according to law. The State Board may institute proceedings pursuant to §24.2-234 for the removal of a general registrar if the local electoral board refuses to remove the general registrar and the State Board finds that the failure to remove the general registrar has a material adverse effect upon the conduct of either the registrar's office or any election. Any action taken by the State Board pursuant to this subsection shall require a recorded majority vote of the Board. D. The State Board may petition a circuit court or the Supreme Court, whichever is appropriate, for a writ of mandamus or prohibition, or other available legal relief, for the purpose of ensuring that elections are conducted as provided by law. E. The F. The State Board shall adopt a seal for its use and bylaws for its own proceedings. §24.2-404.1. Commissioner of Elections to serve as state coordinator for the administration of the National Voter Registration Act. The §24.2-411.2. State-designated voter registration agencies. A. The following agencies are designated as voter registration agencies in compliance with the National Voter Registration Act (42 U.S.C. § 1973gg et seq.) and shall provide voter registration opportunities at their state, regional, or local offices, depending upon the point of service: 1. Agencies whose primary function is to provide public assistance, including agencies that provide benefits under the Temporary Assistance for Needy Families program; Special Supplemental Food Program for Women, Infants, and Children; Medicaid program; or Food Stamps program; 2. Agencies whose primary function is to provide state-funded programs primarily engaged in providing services to persons with disabilities; 3. Armed Forces recruitment offices; and 4. The regional offices of the Department of Game and Inland Fisheries and the offices of the Virginia Employment Commission in the Northern Virginia Planning District 8. B. The C. At each voter registration agency, the following services shall be made available on the premises of the agency: 1. Distribution of mail voter registration forms provided by the State Board of Elections; 2. Assistance to applicants in completing voter registration application forms, unless the applicant refuses assistance; and 3. Receipt of completed voter registration application forms. D. A voter registration agency, which provides service or assistance in conducting voter registration, shall make the following services available on the premises of the agency: 1. Distribution with each application for its service or assistance, or upon admission to a facility or program, and with each recertification, readmission, renewal, or change of address form, of a voter registration application prescribed by the State Board of Elections that complies with the requirements of the National Voter Registration Act (42 U.S.C. §1973gg et seq.). 2. Provision, as part of the voter registration process, of a form that includes: a. The question: "If you are not registered to vote where you live now, would you like to apply to register to vote here today?" b. If the agency provides public assistance, the statement: "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency." c. Boxes for the applicant to check to indicate whether the applicant would like to register, declines to register to vote, or is already registered (failure to check any box being deemed to constitute a declination to register for purposes of subdivision 2 a), together with the statement (in close proximity to the boxes and in prominent type): "IF YOU DO NOT CHECK ANY BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME." d. The statement: "If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek help or accept help is yours. You may fill out the application form in private." e. The statement: "If you believe that someone has interfered with your right to register or to decline to register to vote, or your right to privacy in deciding whether to register or in applying to register to vote, you may file a complaint with the State Board of Elections." The statement shall include the address and telephone number of the State Board. f. The following statement accompanying the form which features prominently in boldface capital letters: "WARNING: INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT ON THIS FORM CONSTITUTES THE CRIME OF ELECTION FRAUD, WHICH IS PUNISHABLE UNDER VIRGINIA LAW AS A FELONY. VIOLATORS MAY BE SENTENCED TO UP TO 10 YEARS IN PRISON, OR UP TO 12 MONTHS IN JAIL AND/OR FINED UP TO $2,500." 3. Provision to each applicant who does not decline to register to vote of the same degree of assistance with regard to the completion of the voter registration application as is provided by the office with regard to the completion of its own applications, unless the applicant refuses assistance. E. If a voter registration agency designated under subsection A of this section provides services to a person with a disability at the person's home, the agency shall provide the voter registration services as provided for in this section. F. A person who provides services at a designated voter registration agency shall not: 1. Seek to influence an applicant's political preference; 2. Display any material indicating the person's political preference or party allegiance; 3. Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits; or 4. Disclose, except as authorized by law for official use, the social security number, or any part thereof, of any applicant for voter registration. Any person who is aggrieved by a violation of this subsection may provide written notice of the violation to the State Board of Elections. The Board shall be authorized to cooperate with the agency to resolve the alleged violation. Nothing contained in this subsection shall prohibit an aggrieved person from filing a complaint in accordance with §24.2-1019 against a person who commits any election law offense enumerated in §§24.2-1000 through 24.2-1016. G. A completed voter registration application shall be transmitted as directed by the State Board of Elections not later than five business days after the date of receipt. H. Each state-designated voter registration agency shall maintain such statistical records on the number of applications to register to vote as requested by the State Board of Elections. §24.2-455. Role of Commissioner of Elections. A. The B. The C. The D. The 1. Develop standardized absentee-voting materials, including privacy and transmission envelopes, authentication materials, and voting instructions to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in this state; and 2. To the extent reasonably possible, coordinate with other states to carry out this subsection. E. The §24.2-464. Confirmation of receipt of application and voted ballot. The 1. The voter's federal postcard application or other registration or military-overseas ballot application has been received and accepted; and 2. The voter's military-overseas ballot has been received and the current status of the ballot. §24.2-502. Statement of economic interests as requirement of candidacy. It shall be a requirement of candidacy that a written statement of economic interests shall be filed by (i) a candidate for Governor, Lieutenant Governor, or Attorney General with the Secretary of the Commonwealth, (ii) a candidate for Senate or House of Delegates with the clerk of the appropriate house, (iii) a candidate for a constitutional office with the general registrar for the county or city, and (iv) a candidate for member of the governing body or elected school board of any county, city, or town with a population in excess of 3,500 persons with the general registrar for the county or city. The statement of economic interests shall be that specified in §30-111 for candidates for the General Assembly and in §2.2-3117 for all other candidates. The foregoing requirement shall not apply to a candidate for reelection to the same office who has met the requirement of annually filing a statement pursuant to §2.2-3114, §2.2-3115, or §30-110. The Secretary of the Commonwealth, the clerks of the Senate
and House of Delegates, the general registrar, and the clerk of the local
governing body shall transmit to the State Board, immediately after the filing
deadline, a list of the candidates who have filed initial or annual statements
of economic interests. The §24.2-644. Voting by paper ballot; voting for presidential electors; write-in votes. A. The qualified voter shall take the official paper ballot and enter the voting booth. After entering the voting booth, the qualified voter shall mark immediately preceding the name of each candidate for whom he wishes to vote a check () or a cross (X or +) or a line (-) in the square provided for such purpose, leaving unmarked the square preceding the name of each candidate for whom he does not wish to vote. Any ballot marked so that the intent of the voter is clear shall be counted. B. The qualified voter at a presidential election shall mark
the square preceding the names and party designation for his choice of candidates
for President and Vice President. His ballot so marked shall be counted as if
he had marked squares preceding the names of the individual electors affiliated
with his choice for President and Vice President. The qualified voter at a
presidential election may cast a write-in vote for President and Vice President
as provided in subsections C and D C. At all elections except primary elections it shall be
lawful for any voter to vote for any person other than the listed candidates
for the office by writing or hand printing the person's name on the official
ballot. No check or other mark shall be required to cast a valid write-in vote.
Write-in votes for President and Vice President shall be counted only for
candidates who have filed a joint declaration of intent to be write-in
candidates for the offices with the D. No write-in vote shall be counted unless the name is entered on the ballot in conformance with this section. No write-in vote shall be counted when it is apparent to the officers of election that a voter has voted for the same person for the same office more than one time. No write-in vote shall be counted for an office for any person whose name appears on the ballot as a candidate for that office. If two or more persons are to be elected to the same office, a voter may vote for one or more persons whose names do appear on the ballot and one or more persons whose names do not appear on the ballot, provided that the total number of votes cast by him for that office does not exceed the number of persons to be elected to that office. §24.2-713. Emergency authority of the Commissioner of Elections. The provisions of this section shall apply in the case of an
emergency that will not allow sufficient time for the distribution and handling
of absentee ballot applications and absentee ballots, in accordance with the
procedures of this title, for qualified voters who are unable to vote in person
because of the emergency. The §24.2-946.4. Right to grant extensions in special circumstances. A. The State Board shall provide instructions to filers for delivery of campaign finance reports within the time periods prescribed by law. B. Notwithstanding any other provision of law, any candidate or treasurer required to file a report pursuant to this chapter shall be entitled to a 72-hour extension of the filing deadline if his spouse, parent, grandparent, child, grandchild, or sibling died within the 72 hours before the deadline. The State Board or the local electoral board shall be authorized to grant an extension of the filing deadline for a period not to exceed five days for good cause shown by the filer and found by the Board or board sufficient to justify the granting of the extension. C. The D. The E. The State Board shall have authority to extend any deadline applicable to reports required to be filed by computer or electronic means in the event of a failure of the computer or electronic filing system that prevents timely filing. The extension shall not exceed a period of up to five days after restoration of the filing system to operating order. F. The State Board shall have authority also to grant extensions as provided in §§24.2-503 and 24.2-948.3. §24.2-953.3. Incomplete reports. A. In the case of a violation of this chapter that relates to the filing of an incomplete report, the violator shall be subject to a civil penalty not to exceed $500 unless a greater penalty is imposed pursuant to this section. However the civil penalty shall in no case exceed $500 unless the total of the filer's reportable contributions or the total of the filer's reportable expenditures is $10,000 or more. B. Prior to assessing a penalty pursuant to this section for
the filing of an incomplete report, the C. If the information required to complete the report is not
filed within the 10-day period, the D. The E. The civil penalty assessed for filing an incomplete report shall be increased by $500 every 60 days following the date for compliance established pursuant to this section and until compliance is complete. If the failure to comply continues for more than 120 days following the date for compliances established pursuant to this section, there shall be a rebuttable presumption that the violation was willful, and the matter shall be forwarded to the appropriate attorney for the Commonwealth. F. The civil penalty assessed for filing any subsequent incomplete report (i) that is filed more than 20 days after notice has been given of a violation or (ii) that is filed during the 60 days prior to the elections for which the person is a candidate shall be $1,000. G. The State Board shall notify the public through its official Internet website of a failure to file a complete report by a candidate for statewide office or the General Assembly and the identity of the violator following the date for compliance established pursuant to this section. §24.2-953.4. Additional civil penalties for late and incomplete filings for statewide campaigns. A. In addition to the penalties provided in §§24.2-953.1,
24.2-953.2 and 24.2-953.3, any candidate for statewide office, and his campaign
treasurer, who fails to file any report required in Article 3 (§24.2-947 et
seq.) in a timely manner or files an incomplete report may be assessed a
civil penalty by the B. Prior to assessing a penalty pursuant to this section, the C. If the report or information required to complete the
report is not filed within the seven-day period, the D. If requested by the E. Any candidate or treasurer aggrieved by the assessment
pursuant to this section shall have a right to the direct review of the
assessment by a court of competent jurisdiction as provided in the
Administrative Process Act (§2.2-4000 et seq.). The provisions of the Act
shall not apply, however, to the assessment of civil penalties by the F. Civil penalties collected pursuant to this section shall be payable to the State Treasurer for deposit to the general fund. §64.2-2014. Clerk to index findings of incapacity or restoration; notice of findings. A. A copy of the court's findings that a person is
incapacitated or has been restored to capacity, or a copy of any order
appointing a conservator or guardian pursuant to §64.2-2115, shall be filed by
the judge with the clerk of the circuit court. The clerk shall properly index
the findings in the index to deed books by reference to the order book and page
whereon the order is spread and shall immediately notify the Commissioner of
Behavioral Health and Developmental Services in accordance with §64.2-2028,
the commissioner of accounts in order to ensure compliance by a conservator
with the duties imposed pursuant to §§64.2-2021, 64.2-2022, 64.2-2023, and
64.2-2026, and the B. The clerk shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of any order adjudicating a person incapacitated under this article, any order appointing a conservator or guardian pursuant to §64.2-2115, and any order of restoration of capacity under §64.2-2012. The copy of the form and the order shall be kept confidential in a separate file and used only to determine a person's eligibility to possess, purchase, or transfer a firearm. |