HB 761 — Elections; preclearance of certain covered practices required, definitions.
Last action — Failed to pass in House
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✓Introduced
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✓In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Elections; preclearance of certain covered practices required. Requires the governing body of a covered jurisdiction, prior to enacting or seeking to administer any voting qualification or prerequisite to voting, or any standard, practice, or procedure with respect to voting, that is a covered practice, to either (i) institute an action in the circuit court for the jurisdiction for a declaratory judgment that the covered practice neither has the purpose or effect of denying or abridging the right to vote on account of race or color or membership in a language minority group nor will it result in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise or (ii) submit such covered practice to the Office of the Attorney General for issuance of a certification that no objection exists to the enactment or administration by the covered jurisdiction of the covered practice. A covered practice cannot be given effect until the circuit court has entered such judgement or the Attorney General has issued such certification. The bill provides to a covered jurisdiction the right to appeal an objection by the Attorney General and to an aggrieved citizen the right to appeal the Attorney General's issuance of a certification of no objection. A "covered jurisdiction" is defined to mean any county, city, or town that is determined by the Attorney General to have a voting age population that contains two or more racial or ethnic groups, each constituting at least 20 percent of its voting age population. The bill also defines "covered practice."
Bill Text
What changed in the latest version
1 added · 1 removedPlain-language change summary
In the latest version of Bill HB 761, a new section has been added, which includes important information or updates, while an older section has been removed. This change could mean that the bill is being updated to include more relevant details or to streamline its content. Overall, it reflects an effort to improve the clarity and effectiveness of the legislation. These adjustments are important as they may impact how the law will be implemented and enforced.
74.220.50.4874.220.50.216
Action History
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Failed to pass in House
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No further action taken
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Conferees appointed by House
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Conferees appointed by Senate
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House acceded to request
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Senate requested conference committee
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Senate insisted on amendment (24-Y 15-N)
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VOTE: Adoption (58-Y 40-N)
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Senate floor amendment by Senate Petersen agreed to by House (58-Y 40-N)
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VOTE: REJECTED (0-Y 99-N)
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Senate amendment #1 from Finance and Appropriations rejected by House (0-Y 99-N)
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VOTE: Adoption (64-Y 32-N)
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Senate substitute agreed to by House 20108878D-S1 (64-Y 32-N)
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Passed Senate with substitute with amendments (21-Y 19-N)
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Engrossed by Senate - committee substitute with amendments HB761S1
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Chair votes Yes
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Amendment by Senator Petersen agreed to (20-Y 20-N)
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Reading of amendment waived
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Committee amendment agreed to
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Reading of amendment waived
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Committee substitute agreed to 20108878D-S1
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Reading of substitute waived
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Read third time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Finance and Appropriations with amendment (11-Y 2-N 1-A)
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Impact statement from DPB (HB761S1)
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Rereferred to Finance and Appropriations
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Committee substitute printed 20108878D-S1
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Reported from Privileges and Elections with substitute (10-Y 5-N)
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Referred to Committee on Privileges and Elections
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Constitutional reading dispensed
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VOTE: Passage (59-Y 40-N)
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Read third time and passed House (59-Y 40-N)
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Engrossed by House - committee substitute HB761H1
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Committee substitute agreed to 20106652D-H1
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Read second time
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Impact statement from DPB (HB761H1)
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Read first time
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Reported from Appropriations (10-Y 8-N)
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Subcommittee recommends reporting (5-Y 3-N)
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Assigned App. sub: Compensation & General Government
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Referred to Committee on Appropriations
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Reported from Privileges and Elections with substitute (14-Y 8-N)
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Committee substitute printed 20106652D-H1
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Subcommittee recommends reporting with substitute (5-Y 3-N)
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House subcommittee amendments and substitutes offered
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Impact statement from DPB (HB761)
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Assigned P & E sub: Constitutional Amendments
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Referred to Committee on Privileges and Elections
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Prefiled and ordered printed; offered 01/08/20 20102058D
Sponsors
- Schuyler T. VanValkenburg · Primary
- Marcia S. "Cia" Price · Cosponsor
- Mark H. Levine · Cosponsor
- Sally L. Hudson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 144 not signed on · 111 voted No
Sponsors (1)
- Schuyler T. VanValkenburg Voted No
Co-sponsors (3)
- Marcia S. "Cia" Price Voted No
- Levine, Mark H. Voted No
- Hudson, Sally L. Voted No
Not signed on (144)
144 members have not signed on to this bill.
Show all 144 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 19 | 0 | 0 |
| Total | 21 | 19 | 0 | 0 |
| % of votes cast | 53% | 48% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 57 | 40 | 0 | 2 |
| Total | 57 | 40 | 0 | 2 |
| % of votes cast | 58% | 40% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 20 | 0 | 0 |
| Total | 20 | 20 | 0 | 0 |
| % of votes cast | 50% | 50% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 98 | 0 | 1 |
| Total | 0 | 98 | 0 | 1 |
| % of votes cast | 0% | 99% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 63 | 32 | 0 | 4 |
| Total | 63 | 32 | 0 | 4 |
| % of votes cast | 64% | 32% | 0% | 4% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 24 | 15 | 0 | 1 |
| Total | 24 | 15 | 0 | 1 |
| % of votes cast | 60% | 38% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 2 | 0 | 1 |
| Total | 11 | 2 | 0 | 1 |
| % of votes cast | 79% | 14% | 0% | 7% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Nay |
| Petersen, J. Chapman | — | Not Voting |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 5 | 0 | 0 |
| Total | 10 | 5 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Chafin, A. Benton "Ben" | — | Nay |
| McClellan, Jennifer L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Nay |
| Ebbin, Adam P. | — | Yea |
| Howell, Janet D. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Mark J. Peake | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 58 | 40 | 0 | 1 |
| Total | 58 | 40 | 0 | 1 |
| % of votes cast | 59% | 40% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Aird, Lashrecse D. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Davis, Glenn R. | — | Nay |
| Delores L. McQuinn | — | Yea |
| Luke E. Torian | — | Not Voting |
| Robert S. Bloxom, Jr. | — | Nay |
| Rush, Nick | — | Nay |
| Tyler, Roslyn C. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 8 | 0 | 4 |
| Total | 10 | 8 | 0 | 4 |
| % of votes cast | 45% | 36% | 0% | 18% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Brewer, Emily M. | — | Nay |
| Aird, Lashrecse D. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Not Voting |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Cox, M. Kirkland | — | Nay |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Nay |
| Delores L. McQuinn | — | Yea |
| Fariss, C. Matthew | — | Nay |
| Hurst, Chris L. | — | Yea |
| James W. Morefield | — | Nay |
| Jones, Jerrauld C. "Jay" | — | Not Voting |
| Knight, Barry D. | — | Nay |
| Luke E. Torian | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Not Voting |
| Rush, Nick | — | Nay |
| Sickles, Mark D. | — | Not Voting |
| Terry L. Austin | — | Nay |
| Tyler, Roslyn C. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 8 | 0 | 0 |
| Total | 14 | 8 | 0 | 0 |
| % of votes cast | 64% | 36% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Adams, Dawn M. | — | Yea |
| Adams, Les R. | — | Nay |
| Askew, Alex Q. | — | Yea |
| Chris S. Runion | — | Nay |
| Christopher T. Head | — | Nay |
| Cole, Mark L. | — | Nay |
| Convirs-Fowler, Kelly K. | — | Yea |
| David A. Reid | — | Yea |
| Israel D. O'Quinn | — | Nay |
| Levine, Mark H. | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Marcus B. Simon | — | Yea |
| McGuire, John J., III | — | Nay |
| Orrock, Robert D., Sr. | — | Nay |
| Paul E. Krizek | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Rush, Nick | — | Nay |
| Sam Rasoul | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Shelly A. Simonds | — | Yea |
| Sickles, Mark D. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Levine, Mark H. | — | Yea |
| Lindsey, Joseph C. | — | Not Voting |
| Chris S. Runion | — | Nay |
| Israel D. O'Quinn | — | Nay |
| Kelly K. Convirs-Fowler | — | Yea |
| Kimberly Pope Adams | — | Yea |
| Kimberly Pope Adams | — | Nay |
| Marcia S. "Cia" Price | — | Yea |
| Marcus B. Simon | — | Yea |
Subjects
Frequently asked questions
- What does HB 761 do?
- Elections; preclearance of certain covered practices required. Requires the governing body of a covered jurisdiction, prior to enacting or seeking to administer any voting qualification or prerequisite to voting, or any standard, practice, or procedure with respect to voting, that is a covered practice, to either (i) institute an action in the circuit court for the jurisdiction for a declaratory judgment that the covered practice neither has the purpose or effect of denying or abridging the right to vote on account of race or color or membership in a language minority group nor will it result in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise or (ii) submit such covered practice to the Office of the Attorney General for issuance of a certification that no objection exists to the enactment or administration by the covered jurisdiction of the covered practice. A covered practice cannot be given effect until the circuit court has entered such judgement or the Attorney General has issued such certification. The bill provides to a covered jurisdiction the right to appeal an objection by the Attorney General and to an aggrieved citizen the right to appeal the Attorney General's issuance of a certification of no objection. A "covered jurisdiction" is defined to mean any county, city, or town that is determined by the Attorney General to have a voting age population that contains two or more racial or ethnic groups, each constituting at least 20 percent of its voting age population. The bill also defines "covered practice."
- Who sponsors HB 761?
- HB 761 is sponsored by Schuyler T. VanValkenburg, Marcia S. "Cia" Price, Levine, Mark H., and Hudson, Sally L..
- What is the current status of HB 761?
- This bill died with 2020 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 761?
- Track HB 761 free on One Click Politics — get push/email alerts when it moves.
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