VA HB1890 | 2021 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 17-0)
Status: Engrossed on January 29 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Privileges and Elections (15-Y 0-N)
Text: Latest bill text (Comm Sub) [HTML]

Summary

Elections; prohibited discrimination in voting and elections administration; required process for enacting certain covered practices; civil causes of action. Prohibits any voting qualification or any standard, practice, or procedure related to voting from being imposed or applied in a manner that results in the denial or abridgment of the right of any United States citizen to vote based on his race or color or membership in a language minority group. The bill further prohibits at-large methods of election from being imposed or applied in a locality in a manner that impairs the ability of a protected class, defined in the bill, to elect candidates of its choice or to influence the outcome of an election, by diluting or abridging the rights of voters who are members of a protected class. Prior to enacting or administering a covered practice, defined in the bill, the governing body of a locality is required to publish the proposed covered practice and accept public comment for a minimum of 30 days on the proposed covered practice; after the public comment period, a 30-day waiting period is required. During this period, any person who will be subject to or affected by the covered practice may challenge the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. The bill permits the local governing body to instead submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection and, once such certification is issued, to enact or administer the covered practice. Certain unlawful actions, including knowingly communicating false information to voters, that are currently subject to criminal penalties will create civil causes of action under the bill. The bill authorizes the Attorney General to commence civil actions when there is reasonable cause to believe that a violation of an election law has occurred and the rights of any voter or group of voters have been affected by the violation. Civil penalties assessed as a result of such action are payable to the Voter Education and Outreach Fund, established by the bill. Current provisions related to language minority accessibility are moved to a newly created chapter relating to the rights of voters. Elections; prohibited discrimination in voting and elections administration; required process for enacting certain covered practices; civil causes of action. Prohibits any voting qualification or any standard, practice, or procedure related to voting from being imposed or applied in a manner that results in the denial or abridgment of the right of any United States citizen to vote based on his race or color or membership in a language minority group. The bill further prohibits at-large methods of election from being imposed or applied in a locality in a manner that impairs the ability of a protected class, defined in the bill, to elect candidates of its choice or to influence the outcome of an election, by diluting or abridging the rights of voters who are members of a protected class. Prior to enacting or administering a covered practice, defined in the bill, the governing body of a locality is required to publish the proposed covered practice and accept public comment for a minimum of 30 days on the proposed covered practice; after the public comment period, a 30-day waiting period is required. During this period, any person who will be subject to or affected by the covered practice may challenge the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. The bill permits the local governing body to instead submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection and, once such certification is issued, to enact or administer the covered practice. Certain unlawful actions, including knowingly communicating false information to voters, that are currently subject to criminal penalties will create civil causes of action under the bill. The bill authorizes the Attorney General to commence civil actions when there is reasonable cause to believe that a violation of an election law has occurred and the rights of any voter or group of voters have been affected by the violation. Civil penalties assessed as a result of such action are payable to the Voter Education and Outreach Fund, established by the bill. Current provisions related to language minority accessibility are moved to a newly created chapter relating to the rights of voters.

Tracking Information

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Title

Discrimination; prohibited in voting and elections administration, etc.

Sponsors


Roll Calls

2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Privileges and Elections (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-01 - House - House: VOTE: Passage (55-Y 45-N) (Y: 55 N: 45 NV: 0 Abs: 0) [PASS]
2021-01-27 - House - House: Reported from Privileges and Elections with substitute (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2021-01-22 - House - House: Subcommittee recommends reporting with substitute (4-Y 2-N) (Y: 4 N: 2 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-02-05SenateContinued to 2021 Sp. Sess. 1 in Privileges and Elections (15-Y 0-N)
2021-02-02SenateReferred to Committee on Privileges and Elections
2021-02-02SenateConstitutional reading dispensed
2021-02-01HouseVOTE: Passage (55-Y 45-N)
2021-02-01HouseRead third time and passed House (55-Y 45-N)
2021-01-29HouseEngrossed by House - committee substitute HB1890H1
2021-01-29HouseCommittee substitute agreed to 21103495D-H1
2021-01-29HouseRead second time
2021-01-28HouseRead first time
2021-01-27HouseSubstitute bill reprinted 21103495D-H1
2021-01-27HouseCommittee substitute printed 21103495D-H1
2021-01-27HouseReported from Privileges and Elections with substitute (13-Y 9-N)
2021-01-22HouseSubcommittee recommends reporting with substitute (4-Y 2-N)
2021-01-14HouseAssigned P & E sub: Voting Rights
2021-01-08HouseReferred to Committee on Privileges and Elections
2021-01-08HousePrefiled and ordered printed; offered 01/13/21 21102178D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
2421000(n/a)See Bill Text
2421005(n/a)See Bill Text
2421005.1(n/a)See Bill Text
2421005.2(n/a)See Bill Text
242105(n/a)See Bill Text
242124(n/a)See Bill Text
242125(n/a)See Bill Text
242129(n/a)See Bill Text
242224.1(n/a)See Bill Text
242306(n/a)See Bill Text
242649(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB1890
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB1890+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB1890H1+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21103495D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/21103495.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21103730A.pdf
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB1890F160+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB1890F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB1890FH1160+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB1890F164+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB1890FH1122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H1806V0007+HB1890
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H18V0022+HB1890
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+HV1294+HB1890
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S08V0062+HB1890

Bill Comments

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