Bill Text: VA HB68 | 2022 | Regular Session | Prefiled
Bill Title: Voter registration; presumption of domicile, members of a uniformed service and others.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-03-12 - Left in Finance and Appropriations [HB68 Detail]
Download: Virginia-2022-HB68-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§24.2-101 and 24.2-417.1 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:
"Ballot scanner machine" means the electronic counting machine in which a voter inserts a marked ballot to be scanned and the results tabulated.
"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 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" or "Department" means the state agency headed by the Commissioner of Elections.
"Direct recording electronic machine" or "DRE" means the electronic voting machine on which a voter touches areas of a computer screen, or uses other control features, to mark a ballot and his vote is recorded electronically.
"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.
"General registrar" means the person appointed by the electoral board of a county or city pursuant to §24.2-110 to be responsible for all aspects of voter registration, in addition to other duties prescribed by this title. When performing duties related to the administration of elections, the general registrar is acting in his capacity as the director of elections for the locality in which he serves.
"Machine-readable ballot" means a tangible ballot that is marked by a voter or by a system or device operated by a voter, is available for verification by the voter at the time the ballot is cast, and is then fed into and scanned by a separate counting machine capable of reading ballots and tabulating results.
"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.
"Paper ballot" means a tangible ballot that is marked by a voter and then manually counted.
"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.
"Printed ballot" means a tangible ballot that is printed on paper and includes both machine-readable ballots and paper ballots.
"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) a registered voter. 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. Whether a signature should be counted towards satisfying the signature requirement of any petition shall be determined based on the signer of the petition's qualification to vote. For purposes of determining if a signature on a petition shall be included in the count toward meeting the signature requirements of any petition, "qualified voter" shall include only persons maintained on the Virginia voter registration system (a) with active status and (b) with inactive status who are qualified to vote for the office for which the petition was circulated.
"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. For purposes of determining if a signature on a petition shall be included in the count toward meeting the signature requirements of any petition, "registered voter" shall include only persons maintained on the Virginia voter registration system (i) with active status and (ii) on inactive status who are qualified to vote for the office for which the petition was circulated.
"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.
"Uniformed service" means (i) active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States; (ii) the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or (iii) the Virginia National Guard.
"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.
"Voting system" means the electronic voting and counting machines used at elections. This term includes direct recording electronic machines (DRE) and ballot scanner machines.
§24.2-417.1. Registration residence requirements; presumptions in certain cases.
A. In determining the residence as defined in §24.2-101 and the domicile and place of abode of a participant in the American Conservation and Youth Service Corps provided for by federal law (42 U.S.C. §12655 et seq.), there shall be a presumption that a participant in the Corps who was domiciled and had a place of abode in Virginia at the time of entering the Corps continues to be domiciled and retains the same place of abode unless the participant expressly states otherwise.
B. In
determining the residence as defined in §24.2-101 and domicile and place of
abode of a military or merchant
marine spouse or dependent member
of a uniformed service who is
on active duty with permanent orders stationing him in the Commonwealth, if he
has established physical presence and a place of abode in the Commonwealth, there shall be a presumption that a military or merchant marine he has also established domicile in the
Commonwealth unless he expressly states otherwise. The
spouse of, or any
dependent who
residing with, a member of a uniformed service on active duty with
permanent orders stationing him in the Commonwealth, if such
spouse or dependent has also
established physical presence and a place of abode in the Commonwealth, shall also be presumed to have
established domicile in the Commonwealth unless the spouse or dependent
expressly states otherwise. Once residence is changed, the
military or merchant marine member
of a uniformed service, his
spouse, or any
dependent residing with him may not
revert to any previous residence without re-establishing new physical presence
and intent to remain or return.
