Elections, State Board of; expands membership, appointment of Commissioner of Elections.
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SB 371 — Elections, State Board of; expands membership, appointment of Commissioner of Elections.
Last action — Continued to 2022 Sp. Sess. 1 pursuant to HJR455
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
State Board of Elections; membership; appointment of Commissioner of Elections. Exempts the Department of Elections from provisions allowing the Governor to appoint a chief deputy and a confidential assistant for policy or administration. The bill expands the membership of the State Board of Elections (the State Board) from five members to eight members with equal representation given to both parties. The bill requires the Chief Justice of the Supreme Court of Virginia to designate a retired circuit court judge to serve as the tie breaker for the State Board. The bill also gives the State Board the authority and duty to appoint the Commissioner of Elections of the Department of Elections and requires an affirmative vote of five of the State Board's eight members for the appointment and removal of the Commissioner of Elections. In the event that a vacancy occurs in the office of the Commissioner of Elections, the bill provides that the Director of Operations of the Department of Elections will serve as the head of the agency until such vacancy is filled by the State Board. The bill has a delayed effective date of January 1, 2023.
Bill Text
What changed in the latest version
73 added · 89 removedPlain-language change summary
The updated version of SB 371 adds a provision requiring the Governor to provide resumes and statements of economic interests for gubernatorial appointees to specific legislative committees. It also clarifies that these appointees must be available for interviews with the committees. These changes aim to enhance transparency and accountability in the appointment process, ensuring that legislative bodies have more oversight of the Governor's selections for key positions.
SESSION SENATEHOUSE SUBSTITUTE 22105848D22107106D SENATE BILL NO.
371 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Senatorthe VogelHouse Committee on Privileges and Elections on February 2,25, 2022) (Patron Prior to Substitute––Senator Vogel) A BILL to amend and reenact §§ 2.2-106, 2.2-2905, and 24.2-102 of the Code of Virginia, relating to Be it enacted by the General Assembly of Virginia:ofVirginia:s. Commissioner of Elections.
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However, the manner of selection of those heads of agencies chosen as set forth in the ConstEtutionConstitution of Virginia shall continue without change.
Each administrative head and Secretary appointed by the Governor pursuant to this section shall (i) be subject to confirmation by the General Assembly,Assembly,S(ii) (ii) have theB.
As part of the confirmation process for each administrative head and Secretary, the Secretary of the Commonwealth shall provide copies of the resumes and statements of economic interests filedSfiled pursuant to § 2.2-3117 to the chairs of the House of Delegates and Senate Committees on PrivileUesPrivileges and Elections.
For appointments made before January 1, copies shall be provided to the chairs withiBwithiS 30 days of the appointment or by January 7 whichever time is earlier;
and for appointments made afterafTer days of the appointment.
Each appointee shall be available for interviews by the Committees onhSnonhin seven Privileges and Elections or other applicable standing committee.
36 § 2.2-107, there shall be a joint subcommittee of the House of Delegates and Senate Committees onTn 37 Privileges and Elections consisting of five members of the House Committee and three members of the 38 Senate Committee appointed by the respective chairs of the committees to review the resumes andTandU 39 statements of economic interests of gubernatorial appointees.
The members of the House of DelegUtesDelegTtes of the House of Delegates.
No appointment confirmed by the General Assembly shall be subject tontoE the Rules challenge by reason of a failure to comply with the provisions of this subsection pertaining to the confirmation process.
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S1 E.
Severance benefits provided to any departing agency head, whether or not appointed by the3theH Gov§ 2.2-2905.
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SB371S3SB371H1 2 of 43 4.
The State Board of Elections is continued and shall consist of five eightseven members appointed by the Governor from the qualified voters of the Commonwealth, subject to confirmation by the General Assembly.
In the appointment of the Board, equal representation shall be given to each of the political parties having the highest and next highest number of votes in the Commonwealth for Governor at the last preceding gubernatorial election.
Three Four Board members shall be of the political party that cast the highest number of votes for Governor at that election.
When the Governor was not elected as the candidate of a political party, equal representation shall be given to each of the political parties having the highest and next highest number of members of the General Assembly at the time of the appointment of 43 members in the General Assembly.
Each political party entitled to an appointment may make and filefileof members in recommendations with the Governor for the appointment.
Its recommendations shall contain the names of at least three five qualified voters of the Commonwealth.
The chair and vice-chair shall be members of opposite political parOnparNo ormember before February 1 of each year, the ChiefBoard Justice of the Supreme Court of Virginia shall designatebe aeligible retiredto judgeoffer offor theor circuithold courtsan ofoffice Virginia to servebe asfilled thein tiewhole breakeror forin thepart Boardby forqualified avoters termin ofthe oneCommonwealth. year.
The retired judge designated as the tie breaker shall serve ex officio with nonvoting privileges except in the case of a tie vote of the Board.
Any vacancy in the position of tie breaker shall be promptly filled in the manner of the original designation for the unexpired term.
No person shall serNo member of the Board shall be eligible to offer for or hold an office to be filled in wholN or in part by qualified voters in the Commonwealth.
AH No member of the Board shall serve as the chairman of a state, local, or district level political party committee or as a paid or volunteer worker in the campaign of a candidate for nomination or eleTtionelection to an B.
The Governor Board shall appoint a Commissioner of Elections, subject to confirmation by theUhe General Assembly, to head the Department of Elections and to act as its principal administrative officer.
The Commissioner shall be appointed to a term of four years, which shall begin on July 1 of thetheSyear year following a gubernatorial election.
Such appointment shall require an affirmative vote of five of the eightseven Board members.
The SE members.oner may be removed by the Board upon an affirmative vote of five of the eightseven Board In the event that a vacancy occurs in the office of the Commissioner, the highestDirector rankingof deputyOperations officer at the Department shall be vested with the powers and shall perform all of the duties of the CommissionerCommiSsioner until the Board appoints a person to fill the vacancy.
Vacancies shall be filled in the manner Sfof the original appointment and shall be for the unexpired term.
U carry out the duties required by law and imposed by the Board.may employ the personnel requiredTtorequiredBto The Commissioner shall not be eligible to offer for or hold an office to be filled in whole orSr in part by qualified voters in the Commonwealth.
His candidacy for or election to such office shall vacTtevacate his position as Commissioner, and the Governor Board shall fill the vacancy for the unexpired term.term.T The Governor Board shall not appoint as Commissioner (i) any person who is the spouse of a I filled in whole or in part by qualified voters in the Commonwealth;
Show all 51 changed lines (11 more)
The(ii) Governorany Boardperson, shallor notthe appointspouse asof Commissioner (i) any personperson, who is the spousegrandparent, ofparent, asibling, Uchild, filled in whole or ingrandchild partof bya qualifiedmember votersof in the Commonwealth;Board;
(ii) any person, or the spouse of any person, who is the grandparent, parent, sibling, child, or grandchild of a member of the Board;Eor (iii) any person, or the spouse of any person, who is the grandparent, parent, sibling, child, or grandchild of a person seeking election to an office or holding an elective office that is filled in whole ororTin in part by qualified voters in the Commonwealth.
The Commissioner shall submit his resignation to the Governor an office that is filled in whole or in part by qualified voters in the Commonwealth.dateCommonwealth.te for election to an office that is fElled in The Commissioner shall not serve as the chairman of a state, local, or district level political party committee or as a paid or volunteer worker in the campaign of a candidate for nomination or election to an office filled by election in whole or in part by qualified voters in the Commonwealth.
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3 to the effective date of this act and is set to expire January 31, 2025, shall continuebe tofilled serveas forfollows: the remainder of their terms.
3one 4.member, representing the political party of the Governor, shall be appointed for a term of one year, to expire January 31, 2024, and one member, representing the political party that had the next highest number of votes in the Commonwealth for Governor at B the last preceding gubernatorial election, shall be appointed for a term of one year, to expire7 January 31, 2024.
ThatThereafter, theappointments termsshall ofbe thefor sixterms members of thefour Stateyears Board of Elections who are appointed for terms beginning on H February 1,1 2023,of shallthe beyear staggeredof asthe follows:appointment.
two members, one representing the political party of the Governor and one representing the political party that had the next highest number of votes in the Commonwealth for Governor at the last preceding gubernatorial election, SB371S3 4 of 4 shall be appointed for a term of one year, to expire January 31, 2024;
two members, one representing the political party of the Governor and one representing the political party that had the next highest number of votes in the Commonwealth for Governor at the last preceding gubernatorial election, shall be appointed for a term of three years, to expire January 31, 2026;
and two members, one representing the political party of the Governor and one representing the political party that had the next highest number of votes in the Commonwealth for Governor at the last preceding gubernatorial election, shall be appointed for a term of four years, to expire January 31, 2027.
After the initial appointments of members of the State Board of Elections pursuant to this enactment, appointments shall be for terms of four years beginning on February 1 of the year of the appointment.
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Action History
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Continued to 2022 Sp. Sess. 1 pursuant to HJR455
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Continued to 2022 Sp. Sess. 1 pursuant to HJR455
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Conferees appointed by House
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Conferees appointed by House
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Conferees appointed by Senate
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Senate acceded to request (39-Y 0-N)
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Conferees appointed by Senate
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Senate acceded to request (39-Y 0-N)
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House requested conference committee
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House insisted on substitute
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House requested conference committee
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House insisted on substitute
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House substitute rejected by Senate (0-Y 39-N)
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House substitute rejected by Senate (0-Y 39-N)
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Passed by for the day
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Passed by for the day
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VOTE: Passage (97-Y 2-N)
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Passed House with substitute (97-Y 2-N)
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Engrossed by House - committee substitute SB371H1
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Committee substitute agreed to 22107106D-H1
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Read third time
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Impact statement from DPB (SB371H1)
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VOTE: Passage (97-Y 2-N)
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Passed House with substitute (97-Y 2-N)
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Engrossed by House - committee substitute SB371H1
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Committee substitute agreed to 22107106D-H1
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Read third time
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Impact statement from DPB (SB371H1)
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Read second time
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Read second time
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Committee substitute printed 22107106D-H1
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Reported from Privileges and Elections with substitute (21-Y 0-N)
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Committee substitute printed 22107106D-H1
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Reported from Privileges and Elections with substitute (21-Y 0-N)
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Referred to Committee on Privileges and Elections
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Read first time
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Placed on Calendar
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Referred to Committee on Privileges and Elections
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB371S4)
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Impact statement from DPB (SB371S4)
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Read third time and passed Senate (40-Y 0-N)
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Read third time and passed Senate (40-Y 0-N)
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Passed by for the day
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Passed by for the day
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Engrossed by Senate - floor substitute SB371S4
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Substitute by Senator Vogel agreed to 22105963D-S4
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Reading of substitute waived
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Substitute by Senator Vogel withdrawn 22105848D-S3
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Substitute by Senator Vogel withdrawn 22105999D-S2
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Read second time
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Floor substitute printed 22105963D-S4 (Vogel)
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Floor substitute printed 22105848D-S3 (Vogel)
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Impact statement from DPB (SB371S2)
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Engrossed by Senate - floor substitute SB371S4
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Substitute by Senator Vogel agreed to 22105963D-S4
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Reading of substitute waived
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Substitute by Senator Vogel withdrawn 22105848D-S3
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Substitute by Senator Vogel withdrawn 22105999D-S2
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Read second time
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Floor substitute printed 22105963D-S4 (Vogel)
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Floor substitute printed 22105848D-S3 (Vogel)
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Impact statement from DPB (SB371S2)
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Passed by for the day
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Passed by for the day
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Passed by for the day
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Reading of substitute waived
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Committee substitute rejected 22104694D-S1
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Committee substitute reconsidered (40-Y 0-N)
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Engrossment reconsidered by Senate (40-Y 0-N)
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Floor substitute printed 22105599D-S2 (Vogel)
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Passed by for the day
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Reading of substitute waived
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Committee substitute rejected 22104694D-S1
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Committee substitute reconsidered (40-Y 0-N)
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Engrossment reconsidered by Senate (40-Y 0-N)
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Floor substitute printed 22105599D-S2 (Vogel)
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Passed by for the day
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Passed by for the day
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Engrossed by Senate - committee substitute SB371S1
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Committee substitute agreed to 22104694D-S1
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Reading of substitute waived
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Read second time
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Engrossed by Senate - committee substitute SB371S1
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Committee substitute agreed to 22104694D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (39-Y 0-N)
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Constitutional reading dispensed (39-Y 0-N)
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Reported from Finance and Appropriations (13-Y 2-N)
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Reported from Finance and Appropriations (13-Y 2-N)
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Impact statement from DPB (SB371S1)
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Impact statement from DPB (SB371S1)
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Senate committee, floor amendments and substitutes offered
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Senate committee, floor amendments and substitutes offered
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Rereferred to Finance and Appropriations
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Committee substitute printed 22104694D-S1
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Reported from Privileges and Elections with substitute (13-Y 2-N)
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Rereferred to Finance and Appropriations
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Committee substitute printed 22104694D-S1
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Reported from Privileges and Elections with substitute (13-Y 2-N)
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Referred to Committee on Privileges and Elections
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Prefiled and ordered printed; offered 01/12/22 22104057D
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Referred to Committee on Privileges and Elections
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Prefiled and ordered printed; offered 01/12/22 22104057D
Sponsors
- Ruff, Frank M., Jr. · Cosponsor
- Jill Holtzman Vogel · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on · 34 voted No
Sponsors (1)
- Vogel, Jill Holtzman Voted No
Co-sponsors (1)
- Ruff, Frank M., Jr. Voted No
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"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 | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 39 | 0 | 1 |
| Total | 0 | 39 | 0 | 1 |
| % of votes cast | 0% | 98% | 0% | 3% |
How each member voted (40)
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Greenhalgh, Karen S. | — | Yea |
| Adams, Dawn M. | — | Yea |
| Adams, Les R. | — | Yea |
| Christopher T. Head | — | Yea |
| Convirs-Fowler, Kelly K. | — | Not Voting |
| David A. Reid | — | Yea |
| H. Otto Wachsmann, Jr. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jackie H. Glass | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Maldonado, Michelle Lopes | — | Yea |
| McGuire, John J., III | — | Yea |
| Mundon King, Candi | — | Yea |
| Paul E. Krizek | — | Yea |
| Phillip A. Scott | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Shelly A. Simonds | — | Yea |
| Sickles, Mark D. | — | Yea |
| Taylor, Kim A. | — | Yea |
| Wren M. Williams | — | Yea |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does SB 371 do?
- State Board of Elections; membership; appointment of Commissioner of Elections. Exempts the Department of Elections from provisions allowing the Governor to appoint a chief deputy and a confidential assistant for policy or administration. The bill expands the membership of the State Board of Elections (the State Board) from five members to eight members with equal representation given to both parties. The bill requires the Chief Justice of the Supreme Court of Virginia to designate a retired circuit court judge to serve as the tie breaker for the State Board. The bill also gives the State Board the authority and duty to appoint the Commissioner of Elections of the Department of Elections and requires an affirmative vote of five of the State Board's eight members for the appointment and removal of the Commissioner of Elections. In the event that a vacancy occurs in the office of the Commissioner of Elections, the bill provides that the Director of Operations of the Department of Elections will serve as the head of the agency until such vacancy is filled by the State Board. The bill has a delayed effective date of January 1, 2023.
- Who sponsors SB 371?
- SB 371 is sponsored by Ruff, Frank M., Jr. and Vogel, Jill Holtzman.
- What is the current status of SB 371?
- This bill died with 2022 Regular Session. It reached “Passed Senate” 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 SB 371?
- Track SB 371 free on One Click Politics — get push/email alerts when it moves.
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