TITLE 24.2. ELECTIONS.

§§ 24.2-101, 24.2-622, and 24.2-1013 amended; §§ 24.2-941 through 24.2-944 added; § 24.2-1014 repealed.
Political advertisements; disclosure requirements. Requires that print, television, and radio advertisements supporting or opposing the nomination or election of clearly identified candidates contain specific information regarding the sponsor of the advertisement. This bill is patterned after the North Carolina "Stand By Your Ad Act." HB 558; CH. 487.

§§ 24.2-104, 24.2-419, 24.2-420.1, 24.2-427, 24.2-611, 24.2-700, 24.2-701, 24.2-702.1, 24.2-706, 24.2-707, 24.2-709, 24.2-711, and 24.2-713 amended; § 24.2-603.1 added.
Revisions in the election and voter registration laws. Modifies and clarifies various provisions relating to investigations of election law violations, officers of election and pollbooks, postponements of elections in emergencies, and voter registration and absentee voting procedures. This bill incorporates a number of recommendations of the Joint Subcommittee Studying Virginia's Election Process and Voting Technologies (HJR 681/SJR 363 -- 2001). HB 640; CH. 819.

§§ 24.2-104, 24.2-419, 24.2-420.1, 24.2-427, 24.2-611, 24.2-700, 24.2-701, 24.2-702.1, 24.2-706, 24.2-707, 24.2-709, 24.2-711, and 24.2-713 amended; § 24.2-603.1 added.
Revisions in the election and voter registration laws. Modifies and clarifies various provisions relating to investigations of election law violations, officers of election and pollbooks, postponements of elections in emergencies, and voter registration and absentee voting procedures. This bill incorporates a number of recommendations of the Joint Subcommittee Studying Virginia's Election Process and Voting Technologies (HJR 681/SJR 363 -- 2001). SB 113; CH. 785.

§ 24.2-105.2. See § 2.2-614.1; HB 825.

§§ 24.2-115 and 24.2-611 amended.
Elections; officers of election; use of pollbooks and precinct registered voter lists. Provides that the electoral board may set the time or times for annual training of officers of election and deletes the provision specifying that training take place within the three to 30 days before each November general election. The bill also provides for statewide implementation for elections conducted after July 1, 2003, of a program to use a single list at precincts on election day that will show both the registered voters and persons voting. The State Board of Elections has been conducting pilot programs testing the use of a combined list. This bill incorporates recommendations of the Joint Subcommittee Studying Virginia's Election Process and Voting Technologies (HJR 681/SJR 363 -- 2001). HB 641; CH. 216/SB 19; CH. 66.

§ 24.2-222.1 amended.
Municipal elections; option for November council elections. Provides that cities and towns may shift to November elections held in either odd-numbered or even-numbered years. HB 378; CH. 30.

§ 24.2-233. See § 18.2-18; HB 1120/SB 514.

§ 24.2-304.1 amended.
Local reapportionment; prison population. Expands coverage of the law to allow localities with a prison population exceeding 12 percent of their total population to exclude such prison population from the population base used for local decennial reapportionment. The present law, which becomes effective on May 1, 2002, allows any locality with a prison population that exceeds 18 percent of its total population to exclude its prison population. Under the 2000 census, Greensville and Sussex counties fell within this category. Localities with a population exceeding 12 percent of their total population include the additional localities of Brunswick, Buckingham, and Richmond counties. SB 177; CH. 127 (effective - see bill).

§ 24.2-313 added.
Delayed local elections following redistricting. Delays elections for the governing body and school board if the decennial redistricting plan for the locality has not been precleared by the Department of Justice under § 5 of the Voting Rights Act at least 30 days before the general election and provides for the rescheduling of the election. This bill contains an emergency clause. HB 163; CH. 189 (effective 3/22/02).

§ 24.2-411.2. See § 63.1-1.1; SB 303.

§ 24.2-424 amended.
Registered voters; change of address. Provides that voters who move within the Commonwealth may notify the general registrar of their change of address by a form provided by the State Board of Elections and by an electronic process. The State Board is authorized to conduct a pilot program for an electronic notice process. HB 901; CH. 279.

§§ 24.2-613, 24.2-614, and 24.2-640 amended.
Form of ballots; party designations on the ballot. Provides for the identification by party on the ballot of candidates nominated by "recognized political parties" as well as by the major political parties. The bill incorporates the 2001 court order of the United States District Court for the Eastern District of Virginia in Libertarian Party of Virginia v. Quinn relating to party identification on the ballot. That order provides that a recognized political party includes any organization that, for at least six months prior to the filing deadline for candidates, has had a state central committee composed of registered voters residing in each congressional district, a party plan and bylaws, and a duly elected chairman and secretary. The definition is similar to the definition used currently to allow minor party names on presidential election ballots. There is no requirement to have received a certain percentage of the vote in prior elections. HB 1256; CH. 738.

§ 24.2-653 amended.
Elections; conditional votes. Clarifies statutory language relating to conditional votes and specifies that a conditional vote will be counted only if the voter submitting it is a qualified voter of the precinct in which he submitted the conditional vote. HB 101; CH. 24.

§ 24.2-668 amended.
Election materials; security and retention requirements. Reduces from five years to two years the period following an election that the general registrar must retain the pollbooks for the election. HB 169; CH. 190.

§ 24.2-703.2 added.
Replacement absentee ballots for certain disabled or ill voters. Provides that a voter who has applied for an absentee ballot because of physical disability or illness, and who has been mailed an absentee ballot, but has not received or has lost the ballot, may obtain a replacement ballot by designating a representative to pick up and return the ballot for him and by completing required forms to obtain the replacement. The representative must be 18 or older and cannot be an elected official, candidate, or close affiliate of an official or candidate. Section 24.2-708 now allows voters who can appear in person to obtain and vote using a replacement absentee ballot. HB 66; CH. 23/SB 94; CH. 141.

§ 24.2-711.1 added.
Rejected absentee ballots. Requires local electoral board to send a written explanation of the reason for rejection of an absentee ballot to the voter within 90 days of the date of rejection. HB 878; CH. 252.

§ 24.2-802 amended.
Recount proceedings. Provides that issues of voter eligibility will not be considered in a recount and that rejected conditional and absentee ballots will not be reexamined. The bill provides for a single recount or redetermination of the vote in a recount proceeding and spells out recount steps related to differing types of ballots and voting devices. In the case of optical scan and punchcard tabulators, the printed return sheets shall be accepted unless they are not clear or the court orders a further count. If a further count is ordered, the tabulator shall be programmed to set aside write-in votes, overvotes, and undervotes. The ballots thus set aside and other ballots rejected by the tabulator (e.g., damaged ballots) will be counted by hand. This bill incorporates recommendations of the Joint Subcommittee Studying Virginia's Election Process and Voting Technologies (HJR 681/SJR 363 -- 2001). HB 985; CH. 647/SB 112; CH. 601.

§ 24.2-905 amended.
Campaign Finance Disclosure Act; depositories and checks; reimbursements of expenses. Permits the reimbursement, by a check drawn on the campaign depository, of expenses paid by the candidate, treasurer, or other authorized member of the campaign staff. The expenses being reimbursed must be fully documented in compliance with the reporting requirements of the Campaign Finance Disclosure Act. This proposal modifies a recommendation of the Joint Subcommittee Studying Campaign Finance Reform pursuant to SJR 393 (2001). HB 554; CH. 213/SB 328; CH. 232.

§§ 24.2-910, 24.2-914, 24.2-915, 24.2-927, and 24.2-928 amended.
Campaign Finance Disclosure Act; filing requirements and deadlines; waiver of penalties in certain cases. Provides that political committee reports filed with the State Board will be deemed to be timely filed if mailed and postmarked by the filing deadline. Under recent revisions in the law, all reports filed with the State Board must be received by the Board by the applicable deadline either by mail or by fax. The substitute also enables the State Board or local board or general registrar to waive, for good cause, a penalty that has been assessed. SB 586; CH. 468.

§ 24.2-923 amended.
Campaign Finance Disclosure Act; schedule for political committee disclosure reports. Sets out a single annual schedule for filing reports by PACs and political committees of six reports a year. Present law requires committees to comply with different candidate filing schedules for May and November elections depending on whether the committee is involved in a May or November election, or possibly both. This proposal is a recommendation of the Joint Subcommittee Studying Campaign Finance Reform pursuant to SJR 393 (2001). HB 556; CH. 237/SB 330; CH. 156.

§ 24.2-927 amended.
Campaign Finance Disclosure Act; failures to file and late filings of reports; certain extensions. Authorizes the State Board of Elections to extend the filing deadline for campaign reports in emergency situations. The emergency must be declared by the Governor or the President. A similar emergency power is given to the State Board with respect to deadlines for voting absentee. HB 1082; CH. 652.

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