Bill Text: VA HB440 | 2024 | Regular Session | Prefiled
Bill Title: Candidates for office; electronic filing of forms, petitions, and notifications.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-02-02 - Continued to 2025 in Privileges and Elections by voice vote [HB440 Detail]
Download: Virginia-2024-HB440-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§24.2-105, 24.2-501, 24.2-502, 24.2-503, 24.2-505, 24.2-506, 24.2-509, 24.2-511, 24.2-516, 24.2-517, 24.2-520, 24.2-521, 24.2-522, 24.2-525, 24.2-527, 24.2-542, 24.2-543, and 24.2-545 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 5 of Title 24.2 an article numbered 8, consisting of a sections numbered 24.2-545.1 as follows:
§24.2-105. Prescribing various forms.
A. The State Board shall prescribe appropriate forms and records for the registration of voters, conduct of elections, and implementation of this title, which shall be used throughout the Commonwealth.
B. The State Board shall prescribe voting and election materials in languages other than English for use by a county, city, or town that is subject to the requirements of §24.2-128. For purposes of this subsection, voting and election materials mean registration or voting notices, forms, and instructions. For purposes of this subsection, registration notices mean any notice of voter registration approval, denial, or cancellation, required by the provisions of Chapter 4 (§24.2-400 et seq.).
The State Board may make available voting and election materials in any additional languages other than those required by subsection A of §24.2-128 as it deems necessary and appropriate. The State Board may accept voting and election materials translated by volunteers but shall verify the accuracy of such translations prior to making the translated materials available to a county, city, or town, or any voter.
C. The State Board shall prescribe all forms required by candidates under Chapter 5 (§24.2-500 et seq.) in both paper and electronic formats pursuant to the requirements for such forms under that chapter.
§24.2-501. Statement of qualification as requirement of candidacy.
It shall be a requirement of candidacy for any office of the
Commonwealth, or of its governmental units, that a person must file a written
State Board State Board
The candidate may state, as part of his statement of qualification, how he would like his name to appear on the ballot; however, all names printed on the ballot shall meet the criteria established by the State Board.
§24.2-502. Statement of economic interests as requirement of candidacy.
It shall be a requirement of candidacy that a written State Board
The Department shall promptly notify the respective general registrars of the appropriate localities of any candidate for local or constitutional office who has electronically filed a statement of economic interest. The general registrar, the clerk of the local governing body, or the clerk of the school board, as appropriate, shall transmit to the local electoral board, immediately after the filing deadline, a list of the candidates who have filed initial or annual statements of economic interests.
§24.2-503. Deadlines for filing required statements; extensions.
The written
A paper statement shall be deemed to be timely filed if it is mailed postage prepaid to the appropriate office by registered or certified mail and if the official receipt therefor, which shall be exhibited on demand, shows mailing within the prescribed time limits.
The State Board may grant an extension of any deadline for
filing either or both written
§24.2-505. Declaration of candidacy required of independent candidates.
A. Any person, other than a candidate for a party nomination
or a party nominee, who intends to be a candidate for any office to be elected
by the qualified voters of the Commonwealth at large or of a congressional
district shall file a declaration of candidacy with the
State Board The
written declaration shall be attested by two witnesses who
are qualified voters of the Commonwealth or of the congressional district, or
acknowledged before some officer authorized to take acknowledgements to
deeds., but if he is
incapable of writing his proper signature then some mark adopted by him as his
signature shall be acknowledged before some officer authorized to take
acknowledgments to deeds
The State Board secretaries electoral boards
B. Any person, other than a candidate for a party nomination
or party nominee, who intends to be a candidate for election to the General
Assembly shall file a paper
declaration of candidacy with the general registrar of the county or city where
he resides or electronically
with the Department. The declaration shall be in all
respects the same as that required to be
given to the State Board
State Board
C. Any person, other than a candidate for a party nomination
or party nominee, who intends to be a candidate at any election for any other
office shall file a paper
declaration of candidacy with the general registrar of the county or city where
he resides or electronically
with the Department. The declaration shall be in all
respects the same as that required to be
given to the State Board
D. If requested in writing by a candidate filing pursuant to
subsection B or C, the
secretary of the electoral board
§24.2-506. Petition of qualified voters required; number of signatures required; certain towns excepted.
A. The name of any candidate for any office, other than a party nominee, shall not be printed upon any official ballots provided for the election unless he shall file along with his declaration of candidacy a petition therefor, on a form prescribed by the State Board, signed by the number of qualified voters specified in this subsection on and after January 1 of the year in which the election is held, or on and after the day on which the writ of election is issued in the case of a special election, and listing the residence address of each such voter.
Each signature on the
petition shall have been witnessed towards
Each signature on the paper petition shall be witnessed by the circulator of the petition. Each voter signing the paper petition may provide on the petition the last four digits of his social security number, if any; however, noncompliance with this requirement shall not be cause to invalidate the voter's signature on the petition.
A qualified voter may sign an electronic petition while not in the presence of a petition circulator. Each voter signing the electronic petition shall provide (i) an affirmation that he is the individual he is identifying himself to be, (ii) an affirmation that he is a resident of the jurisdiction in which he is registered, and (iii) the last four digits of his social security number. The voter signing the electronic petition may transmit the signed form either electronically, by mail, or in person to the candidate, the candidate's campaign, or the petition circulator.
The minimum number of signatures of qualified voters required for candidate petitions shall be as follows:
1. For a candidate for the United States Senate, Governor, Lieutenant Governor, or Attorney General, 10,000 signatures, including the signatures of at least 400 qualified voters from each congressional district in the Commonwealth;
2. For a candidate for the United States House of Representatives, 1,000 signatures;
3. For a candidate for the Senate of Virginia, 250 signatures;
4. For a candidate for the House of Delegates or for a constitutional office, 125 signatures;
5. For a candidate for membership on the governing body or elected school board of any county or city, 125 signatures; or if from an election district not at large containing 1,000 or fewer registered voters, 50 signatures;
6. For a candidate for membership on the governing body or elected school board of any town that has more than 3,500 registered voters, 125 signatures; or if from a ward or other district not at large, 25 signatures;
7. For a candidate for membership on the governing body or elected school board of any town that has at least 1,500 but not more than 3,500 registered voters, 50 signatures; or if from a ward or other district not at large, 25 signatures;
8. For a candidate for membership on the governing body or elected school board of any town that has fewer than 1,500 registered voters, no petition shall be required;
9. For a candidate for director of a soil and water conservation district created pursuant to Article 3 (§10.1-506 et seq.) of Chapter 5 of Title 10.1, 25 signatures; and
10. For any other candidate, 50 signatures.
B. The State Board shall approve uniform standards by which petitions filed by a candidate for office, other than a party nominee, are reviewed to determine if the petitions contain sufficient signatures of qualified voters as required in subsection A.
The State Board of
Elections, on or before January 1, 2020, shall revise its processes and
associated regulations for reviewing and processing candidate petitions. Such
revisions for checking petition
signatures that includes a method
process process
C. If a candidate, other than a party nominee, does not qualify to have his name appear on the ballot by reason of the candidate's filed petition not containing the minimum number of signatures of qualified voters for the office sought, the candidate may appeal that determination within five calendar days of the issuance of the notice of disqualification pursuant to §24.2-612 or notice from the State Board that the candidate did not meet the requirements to have his name appear on the ballot.
Appeals made by candidates for a county, city, or town office shall be filed with the electoral board. Appeals made by candidates for all other offices shall be filed with the State Board. The appeal shall be heard by the State Board or the electoral board, as appropriate, within five business days of its filing. The electoral board shall notify the State Board of any appeal that is filed with the electoral board.
The State Board shall develop procedures for the conduct of such an appeal. The consideration on appeal shall be limited to whether or not the signatures on the petitions that were filed were reasonably rejected according to the requirements of this title and the uniform standards approved by the State Board for the review of petitions. Immediately after the conclusion of the appeal hearing, the entity conducting the appeal shall notify the candidate and, if applicable, the State Board, of its decision in writing. The decision on appeal shall be final and not subject to further appeal.
§24.2-509. Party to determine method of nominating its candidates for office.
A.
B. Notwithstanding
subsection A, the following provisions shall apply to the determination of the
method of making party nominations. A party shall nominate its candidate for
election for a General Assembly district where there is only one incumbent of
that party for the district by the method designated by that incumbent, or
absent any designation by him by the method of nomination determined by the
party. A party shall nominate its candidates for election for a General
Assembly district where there is more than one incumbent of that party for the
district by a primary unless all the incumbents consent to a different method
of nomination. A party, whose candidate at the immediately preceding election
for a particular office other than the General Assembly (i) was nominated by a
primary or filed for a primary but was not opposed and (ii) was elected at the
general election, shall nominate a candidate for the next election for that
office by a primary unless all incumbents of that party for that office consent
to a different method.
When, under any of the
foregoing provisions, no incumbents offer as candidates for reelection to the
same office, the method of nomination shall be determined by the political
party.
For the purposes of
this subsection, any officeholder who offers for reelection to the same office
shall be deemed an incumbent notwithstanding that the district which he
represents differs in part from that for which he offers for election.
§24.2-511. Party chairman or official to certify candidates to Department of Elections and general registrars; failure to certify.
A. The state, district, or other appropriate party chairman
shall certify the name of any candidate who has been nominated by his party by
a method other than a primary for any office to be elected by the qualified voters
of (i) the Commonwealth at large, (ii) a congressional district or a General
Assembly district, or (iii) political subdivisions jointly electing a shared
constitutional officer, along with the date of the nomination of the candidate,
to the State Board State Board
B. The party chairman of the district or political subdivision
in which any other office is to be filled shall certify the name of any
candidate for that office who has been nominated by his party by a method other
than a primary to the State Board State Board
C. In the case of a nomination for any office to be filled by a special election, the party chairman shall certify the name of any candidate (i) by the deadline to nominate the candidate or (ii) not later than five days after the deadline if it is a special election held at the second November election after the vacancy occurred.
D. No further notice of candidacy or petition shall be
required of a candidate once the party chairman has certified his name to the State Board
E. In no case shall the individual who is a candidate for an office be the person who certifies the name of the party candidate for that same office. In such case the party shall designate an alternate official to certify its candidate.
§24.2-516. Party to furnish names of chairmen and notify Department of Elections of adoption of direct primary.
Each political party within the Commonwealth shall furnish to
the State Board Board
At least 135 days prior to the regular date for a primary, the Board Board Board Board
Each chairman shall file timely
written
Board
Board Board (i)
written or (ii) a copy of the
written notice from an incumbent officeholder to his party
chairman of the incumbent's selection, pursuant to §24.2-509, of the primary
as the method of nomination
§24.2-517. State Board to order election.
The State Board shall order the holding of a primary election
in any county, city, or other district of the Commonwealth in which it is notified
§24.2-520. Declaration of candidacy required.
A candidate for nomination by primary for any office shall be
required to file a written acknowledged before
some officer who has the authority to take acknowledgments to deeds, or
attested by two witnesses who are qualified voters of the election district
§24.2-521. Petition required to accompany declaration; number of signatures required.
A. A candidate for nomination by primary for any office shall
be required to file with his declaration of candidacy a petition for his name
to be printed on the official primary ballot, on a form prescribed by the State
Board, signed by the number of qualified voters specified in this section on and after January 1 of
the year in which the election is held,
or before or after said date in the case of a March
primary,
Each signature on the petition shall have been witnessed towards
Each signature on the paper petition shall be witnessed by the circulator of the petition. Each voter signing the paper petition may provide on the petition the last four digits of his social security number, if any; however, noncompliance with this requirement shall not be cause to invalidate the voter's signature on the petition.
A qualified voter may sign an electronic petition while not in the presence of a petition circulator. Each voter signing the electronic petition shall provide (i) an affirmation that he is the individual he is identifying himself to be, (ii) an affirmation that he is a resident of the jurisdiction in which he is registered, and (iii) the last four digits of his social security number. The voter signing the electronic petition may transmit the signed form either electronically, by mail, or in person to the candidate, the candidate's campaign, or the petition circulator.
B. The minimum number of signatures of qualified voters required for primary candidate petitions shall be as follows:
1. For a candidate for the United States Senate, Governor, Lieutenant Governor, or Attorney General, 10,000 signatures, including the signatures of at least 400 qualified voters from each congressional district in the Commonwealth;
2. For a candidate for the United States House of Representatives, 1,000 signatures;
3. For a candidate for the Senate of Virginia, 250 signatures;
4. For a candidate for the House of Delegates or for a constitutional office, 125 signatures;
5. For a candidate for membership on the governing body of any county or city, 125 signatures; or if from an election district not at large containing 1,000 or fewer registered voters, 50 signatures;
6. For a candidate for membership on the governing body of any town that has more than 3,500 registered voters, 125 signatures; or if from a ward or other district not at large, 25 signatures;
7. For a candidate for membership on the governing body of any town that has at least 1,500 but not more than 3,500 registered voters, 50 signatures; or if from a ward or other district not at large, 25 signatures;
8. For a candidate for membership on the governing body of any town that has fewer than 1,500 registered voters, no petition shall be required; and
9. For any other candidate, 50 signatures.
§24.2-522. When and to whom filings to be made.
A. Declarations of candidacy, petitions, and receipts indicating the payment of filing fees shall be filed not earlier than noon of the ninety-second day and not later than 5:00 p.m. of the seventy-fifth day before the primary.
B. Except as provided in subsection C, candidates for nomination shall file their declarations, petitions, and receipts with the chairman or chairmen of the several committees of the respective parties.
C. Any candidate filing on paper
for nomination for United States Senator, Governor, Lieutenant Governor, or
Attorney General shall file with the State Board
written
Any candidate filing electronically shall file with the Department.
The State Board
§24.2-525. Persons entitled to have name printed on ballot.
A. Only a person meeting all the qualifications and fulfilling
all the requirements of a candidate, and who has complied with the rules and
regulations of his party, shall have his name printed on the ballot provided
for the primary election. A person who does not file either or both written
B. No person shall have his name printed on the ballot for more than one office at any one primary election. However, a candidate for federal or statewide office, or a candidate for an office being filled in a special election, may have his name printed on the ballot for two offices at a primary election.
§24.2-527. Chairman or official to furnish Department and general registrars with names of candidates and certify petition signature requirements met.
A. It shall be the duty of the chairman or chairmen of the
several committees of the respective parties to furnish the name of any
candidate for nomination for any office to be elected by the qualified voters
of the Commonwealth at large or of a congressional district or of a General
Assembly district to the State Board
State Board State Board Department shall determine the
order and date and time of filing for candidates
filing on paper for United States Senator, Governor, Lieutenant
Governor, and Attorney General and any candidate
filing electronically for such purposes. Each chairman
shall comply with the provisions of this section not less than 70 days before
the primary.
B. In no case shall the individual who is a candidate for an office be the person who certifies the names of candidates for a primary for that same office. In such case the party shall designate an alternate official to certify the candidates.
§24.2-542. Department to be furnished names of electors selected by political parties; oaths of electors.
In elections for President and Vice President of the United
States, the appropriate chairman or secretary of each political party shall
furnish to the Department on forms
prescribed by the State Board by noon of the
seventy-fourth day before the presidential election (i) the names of the
electors selected by the party at its convention held for that purpose,
together with the names of the political party and of the candidates for
President and Vice President for whom the electors are required to vote in the
Electoral College and (ii) a copy of a subscribed and
notarized sworn
oath by each elector stating that he will, if elected, cast his ballot for the
candidates for President and Vice President nominated by the party that
selected the elector, or as the party may direct in the event of death,
withdrawal or disqualification of the party nominee. In the event of the death
or withdrawal of a candidate of a political party for President or Vice
President, that party may substitute the name of a different candidate before
the State Board certifies to the county and city electoral boards the form of
the official ballots. The State Board shall
also be furnished, if it requests, with satisfactory evidence
that any person undertaking to act as an elector on behalf of any political
party is, in fact, duly and properly authorized to do so.
§24.2-543. How other groups may submit names of electors; oaths of electors.
A. A group of qualified voters, not constituting a political
party as defined in §24.2-101, may have the names of electors selected by
them, including one elector residing in each congressional district and two
from the Commonwealth at large, printed upon the official ballot to be used in the
election of electors for President and Vice President by filing a petition
pursuant to this section. The petition shall be on
a form prescribed by the State Board and filed with the State Board only contain
The signature of each
petitioner shall be witnessed either , who may witness his
own petition,
towards
The petition shall
state the names of the electors selected by the petitioners, the party name
under which they desire the named electors to be listed on the ballot, and the
names of the candidates for President and Vice President for whom the electors
are required to vote in the Electoral College.
A qualified voter may sign an electronic petition while not in the presence of a petition circulator. Each voter signing the electronic petition shall provide (i) an affirmation that he is the individual he is identifying himself to be, (ii) an affirmation that he is a resident of the jurisdiction in which he is registered, and (iii) the last four digits of his social security number. The voter signing the electronic petition may transmit the signed form either electronically, by mail, or in person to the candidate, the candidate's campaign, or the petition circulator.
The persons filing the petition shall file with it a copy of a
subscribed and notarized sworn oath by each elector
stating that he will, if elected, cast his ballot for the candidates for
President and Vice President named in the petition, or as the party may direct
in the event of death, withdrawal or disqualification of the party nominee. In
order to utilize a selected party name on the ballot, the petitioners shall
have had a state central committee composed of registered voters from each
congressional district of the Commonwealth, a party plan and bylaws, and a duly
designated chairman and secretary in existence and holding office for at least
six months prior to filing the petition. The State Board may require proof that
the petitioners meet these requirements before permitting use of a party name
on the ballot. The party name shall not be identical with or substantially
similar to the name of any political party qualifying under §24.2-101 and then
in existence.
In the event of the death or withdrawal of a candidate for President or Vice President qualified to appear on the ballot by party name, that party may substitute the name of a different candidate before the State Board certifies to the county and city electoral boards the form of the official ballots.
In the event that a group of qualified voters meets the requirements set forth in this section except that they cannot utilize a party name, the electors selected and the candidates for President and Vice President shall be identified and designated as "Independent" on the ballot. Substitution of a different candidate for Vice President may be made by the candidate for President before the State Board certifies to the county and city electoral boards the form of the official ballot.
In the event of the death or disqualification of any person
listed as an elector for candidates for President and Vice President on a
petition filed pursuant to this section, the party or candidate for President,
as applicable, may substitute the name of a different elector. Such
substitution shall not invalidate any petition of qualified voters circulated
with the name of the deceased or disqualified elector provided that notice of
the substitution is filed with the State Board prepared
B. The State Board shall approve uniform standards by which petitions filed by a candidate for office, other than a party nominee, are reviewed to determine if the petitions contain sufficient signatures of qualified voters as required in subsection A. Such review shall provide a process for determining if a petition signature belongs to an individual whose prior registration has been canceled and the reason for such cancellation. The review shall provide for the tracking of such information associated with each petition. The review shall provide for the escalation of cases of suspected fraud to the electoral board, the State Board, or the office of the attorney for the Commonwealth, as appropriate.
C. If the State Board determines that a candidate for President does not qualify to have his name appear on the ballot pursuant to this section by reason of the candidate's filed petition not containing the minimum number of signatures of qualified voters for the office sought, the candidate may appeal the determination to the State Board within seven calendar days of the issuance of the notice of disqualification. The notice of disqualification shall be sent by email or regular mail to the address on file for the candidate, and such notice shall be deemed sufficient. The State Board shall hear the appeal within three business days of its filing.
The State Board shall develop procedures for the conduct of such an appeal. The consideration on appeal shall be limited to whether or not the signatures on the petitions that were filed were reasonably rejected according to the requirements of this title and the rules and procedures set forth by the State Board for checking petitions. Immediately after the conclusion of the appeal hearing, the State Board shall notify the candidate of its decision in writing. The decision on appeal shall be final and not subject to further appeal.
§24.2-545. Presidential primary.
A. The duly constituted authorities of the state political party shall have the right to determine the method by which the state party will select its delegates to the national convention to choose the party's nominees for President and Vice President of the United States including a presidential primary or another method determined by the party. The state chairman shall notify the State Board of the party's determination at least 90 days before the primary date. If the party has determined that it will hold a presidential primary, each registered voter of the Commonwealth shall be given an opportunity to participate in the presidential primary of the political party, as defined in §24.2-101, subject to requirements determined by the political party for participation in its presidential primary. The requirements may include, but shall not be limited to, the signing of a pledge by the voter of his intention to support the party's candidate when offering to vote in the primary. The requirements applicable to a party's primary shall be determined at least 90 days prior to the primary date and certified to, and approved by, the State Board.
B. Any person seeking the nomination of the national political
party for the office of President of the United States, or any group organized
in the Commonwealth on behalf of, and with the consent of such person, may file
with the State Board Department petitions signed by
at least 5,000 qualified voters, including at least 200 qualified voters from
each congressional district in the Commonwealth, who attest that they intend to
participate in the primary of the same political party as the candidate for
whom the petitions are filed. Such State Board Department by the primary
filing deadline.
A petition shall be circulated either by a person who is a constitutionally qualified candidate for President of the United States or by a person who is not a minor or a felon whose voting rights have not been restored and whose affidavit to that effect appears on each page of the petition. Each such person circulating a petition who is not a legal resident of the Commonwealth shall sign a statement on the affidavit that he consents to the jurisdiction of the courts of Virginia in resolving any disputes concerning the circulation of petitions, or signatures contained therein, by that person. The signatures of qualified voters collected by a nonresident petition circulator who fails to sign such statement, or who later fails to appear or produce documents when properly served with a subpoena to do so, shall not be counted toward the minimum number of signatures required pursuant to this subsection.
Each signature on the paper petition shall have been witnessed by the circulator of the petition. A circulator who is a constitutionally qualified candidate for President of the United States may witness his own petition. Each voter signing the paper petition may provide on the petition the last four digits of his social security number, if any; however, noncompliance with this requirement shall not be cause to invalidate the voter's signature on the petition.
A qualified voter may sign an electronic petition while not in the presence of a petition circulator. Each voter signing the electronic petition shall provide (i) an affirmation that he is the individual he is identifying himself to be, (ii) an affirmation that he is a resident of the jurisdiction in which he is registered, and (iii) the last four digits of his social security number. The voter signing the electronic petition may transmit the signed form either electronically, by mail, or in person to the candidate, the candidate's campaign, or the petition circulator.
The shall be on a form prescribed by the State Board
and
The State Board
C. The names of all candidates in the presidential primary of each political party shall appear on the ballot in an order determined by lot by the State Board.
D. The State Board shall certify the results of the presidential primary to the state chairman. If the party has determined that its delegates and alternates will be selected pursuant to the primary, the slate of delegates and alternates of the candidate receiving the most votes in the primary shall be deemed elected by the state party unless the party has determined another method for allocation of delegates and alternates. If the party has determined to use another method for selecting delegates and alternates, those delegates and alternates shall be bound to vote on the first ballot at the national convention for the candidate receiving the most votes in the primary unless that candidate releases those delegates and alternates from such vote.
E. The election, or binding of votes, of delegates to a political party's national convention for the nomination of that party's candidates for President and Vice President of the United States through the presidential primary process shall be considered to be equivalent to a primary for the nomination of a party's candidate.
F. The cost of the presidential primary shall be paid by the Commonwealth pursuant to the provisions of the appropriation act.
§24.2-545.1. State Board to provide a system for the electronic filing of required forms.
The Department shall develop and implement an online filing system to accept any notification, form, or petition required by this chapter to be filed by a party official or candidate for any office by electronic means in accordance with the standards approved by the State Board and using software meeting standards approved by it. Such system shall provide for notifying party officials and candidates of when filings are due and of any outstanding filings. The State Board may prescribe the method of execution and certification of and the procedures for the Department's receipt by electronic means of forms, petitions, and notifications required by this chapter.
