VA SB1395 | 2021 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 2-0)
Status: Engrossed on February 4 2021 - 50% progression, died in chamber
Action: 2021-02-08 - Continued to Special Session 1 in Privileges and Elections by voice vote
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: Read third time and passed Senate (21-Y 17-N) (Y: 21 N: 17 NV: 0 Abs: 1) [PASS]
2021-02-03 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-03 - Senate - Senate: Reported from Finance and Appropriations with substitute (10-Y 4-N 2-A) (Y: 10 N: 4 NV: 2 Abs: 0) [PASS]
2021-01-26 - Senate - Senate: Reported from Privileges and Elections with substitute (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-02-08HouseContinued to Special Session 1 in Privileges and Elections by voice vote
2021-02-07HouseReferred to Committee on Privileges and Elections
2021-02-07HouseRead first time
2021-02-07HousePlaced on Calendar
2021-02-05SenateRead third time and passed Senate (21-Y 17-N)
2021-02-04SenateEngrossed by Senate - committee substitute SB1395S2
2021-02-04SenateCommittee substitute agreed to 21103866D-S2
2021-02-04SenateReading of substitute waived
2021-02-04SenateCommittee substitute rejected 21103648D-S1
2021-02-04SenateReading of substitute waived
2021-02-04SenateRead second time
2021-02-03SenateConstitutional reading dispensed (39-Y 0-N)
2021-02-03SenateCommittee substitute printed 21103866D-S2
2021-02-03SenateReported from Finance and Appropriations with substitute (10-Y 4-N 2-A)
2021-01-26SenateRereferred to Finance and Appropriations
2021-01-26SenateCommittee substitute printed 21103648D-S1
2021-01-26SenateReported from Privileges and Elections with substitute (9-Y 6-N)
2021-01-13SenateReferred to Committee on Privileges and Elections
2021-01-13SenatePrefiled and ordered printed; offered 01/13/21 21102738D

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+SB1395
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1395+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1395S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1395S2+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21103648D.pdf
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1395F160+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1395F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1395FS1160+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1395FS2122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1395F164+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1395FS1122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S08V0038+SB1395
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S05V0170+SB1395
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+SV0293SB1395+SB1395
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+SV0367SB1395+SB1395

Bill Comments

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