Bill Text: VA HB750 | 2024 | Regular Session | Prefiled
Bill Title: Candidates for office; collection of signatures by electronic means.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2024-02-13 - Left in Privileges and Elections [HB750 Detail]
Download: Virginia-2024-HB750-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§24.2-105, 24.2-506, 24.2-521, 24.2-543, and 24.2-545 of the Code of Virginia are amended and reenacted 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 candidate petition forms in both paper and electronic formats pursuant to the requirements for petitions in Chapter 5 (§24.2-500 et seq.).
§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 A
petition shall be circulated 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 towards toward the minimum number of
signatures required pursuant to this subsection.
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 Such review shall
provide a process for checking petition
signatures that includes a method for determining if a
petition signature belongs to an individual whose prior registration has been
canceled and the reason for such cancellation. The process review shall provide for the
tracking of such information associated with each petition. The process 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 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.
§24.2-521. 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, 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 A
petition shall be circulated 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 towards toward the minimum number of
signatures required pursuant to subsection B.
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.
§24.2-543. 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 by noon of the seventy-fourth day before the presidential election. The
petition shall be signed by at least 5,000 qualified voters and include
signatures of at least 200 qualified voters from each congressional district.
The petition shall be signed by petitioners on and after January 1 of the year
of the presidential election only
and contain list
the residence address of each petitioner. 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.
The signature of each
petitioner shall be witnessed either A
petition shall be circulated by a person who is a
constitutionally qualified candidate for President of the United States, who may witness his own petition,
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 towards toward
the minimum number of signatures required pursuant to this subsection.
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. 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 persons filing the petition shall file with it a copy of a subscribed and notarized 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 by noon of the seventy-fourth day before the presidential election. Notice of the substitution and the name of any substitute elector shall be submitted on a form prepared by the State Board.
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 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 The
petitions shall be on a form prescribed by
the State Board and filed with the State Board 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 petitions shall be on a form
prescribed by the State Board and shall be sealed in one or
more containers to which is attached a written statement giving the name of the
presidential candidate and the number of signatures on the petitions contained
in the containers. Such person or group shall also attach a list of the names
of persons who would be elected delegates and alternate delegates to the
political party's national convention if the person wins the primary and the
party has determined that its delegates will be selected pursuant to the
primary. The slate of delegates and alternates shall comply with the rules of
the national and state party.
The State Board shall transmit the material so filed to the state chairman of the party of the candidate immediately after the primary filing deadline. The sealed containers containing the petitions for a candidate may be opened only by the state chairman of the party of the candidate. The state chairman of the party shall, by the deadline set by the State Board, furnish to the State Board the names of all candidates who have satisfied the requirements of this section. In furnishing the name of each such candidate, the state chairman shall certify that a review of the filed candidate petitions found the required minimum number of signatures of qualified voters for that office to have been met. Whenever only one candidate for a party's nomination for President of the United States has met the requirements to have his name on the ballot, he will be declared the winner and no presidential primary for that party will be held.
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.
