Elections; appointment of Commissioner of Elections, membership of Board, effective date.
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HB 305 — Elections; appointment of Commissioner of Elections, membership of Board, effective date.
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 House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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; State Board of Elections; membership; appointment of Commissioner of Elections. Makes the State Board of Elections responsible for appointing the Commissioner of Elections and removes the Governor's ability to appoint to the Department of Elections a deputy commissioner or a confidential policy advisor. The bill also increases the State Board of Elections from five members to seven and staggers those initial terms so that three members are appointed in 2023 and every four years thereafter, two members are appointed in 2024 and every four years thereafter, and two members are appointed in 2025 and every four years thereafter.
Bill Text
What changed in the latest version
90 added · 74 removedPlain-language change summary
The amendments to Bill HB 305 clarify the process for how certain agency heads in Virginia are appointed and confirmed. Notably, the updated version emphasizes that resumes and statements of economic interests from these appointees must be provided to legislative committee chairs in a timely manner and are available to the public. These changes aim to enhance transparency and accountability in the appointment process, ensuring that the public and lawmakers can better scrutinize the qualifications of these officials.
SESSION HOUSESENATE SUBSTITUTE 22106209D22106858D HOUSE BILL NO.
305 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the HouseSenate Committee on Privileges and Elections on February 11,22, 2022) (Patron Prior to Substitute––Delegate Ransone) 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:s.Virginia:of Commissioner of Elections.
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and SA 9.
and ET 10.
However, the manner of selection of those heads of agencies chosen as set forth in the ConstitutionConstEtution 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,S(ii)Assembly, (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 filedfiledS pursuant to § 2.2-3117 to the chairs of the House of Delegates and Senate Committees on PrivilegesPrivileUes and Elections.
For appointments made before January 1, copies shall be provided to the chairs withiSwithiB 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 onhinonhSn seven Privileges and Elections or other applicable standing committee.
For the purposes of this section and 36 § 2.2-107, there shall be a joint subcommittee of the House of Delegates and Senate Committees Tnon 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 andUandT 39 statements of economic interests of gubernatorial appointees.
The members of the House of DelegTtesDelegUtes of the House of Delegates.
No appointment confirmed by the General Assembly shall be subject toEton 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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The resumes and applications for appointment submitted by persons who are appointed by thBthe Governor pursuant to this section shall be available to the public upon request.
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Severance benefits provided to any departing agency head, whether or not appointed by theHthe3 Gov§ 2.2-2905.
15 The provisions of this chapter shall not apply to:
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HB305H1HB305S1 2 of 34 4.
The State Board of Elections is continued and shall consist of five seveneight 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 34 members in the General Assembly.
Each political party entitled to an appointment may make and fileoffile 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 parNoparOn memberor before February 1 of each year, the BoardChief Justice of the Supreme Court of Virginia shall bedesignate eligiblea toretired offerjudge forof orthe holdcircuit ancourts officeof Virginia to beserve filledas inthe wholetie orbreaker infor partthe byBoard qualifiedfor votersa interm theof Commonwealth.one 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.
HA 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 electioneleTtion to an B.
The Governor Board shall appoint a Commissioner of Elections, subject to confirmation by Uhethe 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 theSyearthe year following a gubernatorial election.
Such appointment shall require an affirmative vote of five of the seveneight Board members.
The ES members.oner may be removed by the Board upon an affirmative vote of five of the seveneight Board In the event that a vacancy occurs in the office of the Commissioner, the Director of Operations 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 ofSf the original appointment and shall be for the unexpired term.
Show all 53 changed lines (13 more)
U carry out the duties required by law and imposed by the Board.may employ the personnel requiredBtorequiredTto The Commissioner shall not be eligible to offer for or hold an office to be filled in whole Sror in part by qualified voters in the Commonwealth.
His candidacy for or election to such office shall vacatevacTte his position as Commissioner, and the Governor Board shall fill the vacancy for the unexpired term.Tterm. 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;
(ii)The anyGovernor person,Board orshall thenot spouseappoint ofas Commissioner (i) any person,person who is the grandparent,spouse parent,of sibling,a child,U filled in whole or grandchildin ofpart aby memberqualified ofvoters in the Board;Commonwealth;
(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 orTinor 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.teCommonwealth.date 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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B to the effective date of this act and is set to expire January 31, 2025, shall becontinue filledto asserv5 follows:for the remainder of their terms.
one1 member,4. 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 expire0 January 31, 2024.
Thereafter,That appointmentsthe shallterms beof forthe termssix members of fourthe yearsState Board of Elections who are appointed for terms beginning on H February 11, of2023, theshall yearbe ofstaggered theas appointment.follows:
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, HB305S1 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 Senate
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Conferees appointed by House
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Conferees appointed by Senate
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Conferees appointed by House
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House acceded to request
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House acceded to request
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Senate requested conference committee
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Senate insisted on substitute (39-Y 0-N)
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Senate requested conference committee
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Senate insisted on substitute (39-Y 0-N)
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VOTE: Rejected (0-Y 96-N)
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Senate substitute rejected by House 22106858D-S1 (0-Y 96-N)
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VOTE: Rejected (0-Y 96-N)
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Senate substitute rejected by House 22106858D-S1 (0-Y 96-N)
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Passed Senate with substitute (38-Y 1-N)
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Engrossed by Senate - committee substitute HB305S1
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Committee substitute agreed to 22106858D-S1
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Reading of substitute waived
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Read third time
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Passed Senate with substitute (38-Y 1-N)
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Engrossed by Senate - committee substitute HB305S1
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Committee substitute agreed to 22106858D-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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Constitutional reading dispensed (40-Y 0-N)
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Reported from Finance and Appropriations (12-Y 2-N 1-A)
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Reported from Finance and Appropriations (12-Y 2-N 1-A)
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Impact statement from DPB (HB305S1)
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Impact statement from DPB (HB305S1)
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Rereferred to Finance and Appropriations
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Committee substitute printed 22106858D-S1
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Reported from Privileges and Elections with substitute (14-Y 1-N)
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Rereferred to Finance and Appropriations
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Committee substitute printed 22106858D-S1
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Reported from Privileges and Elections with substitute (14-Y 1-N)
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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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Referred to Committee on Privileges and Elections
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Constitutional reading dispensed
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Referred to Committee on Privileges and Elections
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Constitutional reading dispensed
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VOTE: Passage (97-Y 2-N)
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Read third time and passed House (97-Y 2-N)
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VOTE: Passage (97-Y 2-N)
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Read third time and passed House (97-Y 2-N)
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Engrossed by House - committee substitute HB305H1
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Committee substitute agreed to 22106209D-H1
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Read second time
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Impact statement from DPB (HB305H1)
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Engrossed by House - committee substitute HB305H1
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Committee substitute agreed to 22106209D-H1
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Read second time
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Impact statement from DPB (HB305H1)
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Read first time
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Read first time
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Committee substitute printed 22106209D-H1
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Reported from Privileges and Elections with substitute (21-Y 1-N)
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Committee substitute printed 22106209D-H1
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Reported from Privileges and Elections with substitute (21-Y 1-N)
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Subcommittee recommends reporting with substitute (6-Y 4-N)
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House subcommittee amendments and substitutes offered
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Subcommittee recommends reporting with substitute (6-Y 4-N)
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House subcommittee amendments and substitutes offered
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Assigned P & E sub: Subcommittee #1
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Assigned P & E sub: Subcommittee #1
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Impact statement from DPB (HB305)
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Impact statement from DPB (HB305)
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Referred to Committee on Privileges and Elections
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Prefiled and ordered printed; offered 01/12/22 22100777D
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Referred to Committee on Privileges and Elections
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Prefiled and ordered printed; offered 01/12/22 22100777D
Sponsors
- Jason S. Ballard · Cosponsor
- Emily M. Jordan · Cosponsor
- Mike A. Cherry · Cosponsor
- Christopher T. Head · Cosponsor
- Terry G. Kilgore · Cosponsor
- Chris S. Runion · Cosponsor
- Anne Ferrell Tata · Cosponsor
- Wendell S. Walker · Cosponsor
- Bill Wiley · Cosponsor
- Wren M. Williams · Cosponsor
- Tony O. Wilt · Cosponsor
- Scott A. Wyatt · Cosponsor
- Ruff, Frank M., Jr. · Cosponsor
- Kim A. Taylor · Cosponsor
- A.C. Cordoza · Cosponsor
- Jeffrey L. Campbell · Cosponsor
- G. "John" Avoli · Cosponsor
- Margaret B. Ransone · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 17 co-sponsors · 130 not signed on · 78 voted No
Sponsors (1)
- Ransone, Margaret B. Voted No
Co-sponsors (17)
- Jason S. Ballard Voted No
- Emily M. Jordan Voted No
- Mike A. Cherry Voted No
- Christopher T. Head Voted No
- Terry G. Kilgore Voted No
- Chris S. Runion Voted No
- Anne Ferrell Tata Voted No
- Wendell S. Walker Voted No
- Bill Wiley Voted No
- Wren M. Williams Voted No
- Tony O. Wilt Voted No
- Scott A. Wyatt Voted No
- Ruff, Frank M., Jr.
- Taylor, Kim A. Voted No
- Cordoza, A.C. Voted No
- Campbell, Jeffrey L. Voted No
- Avoli, G. "John" Voted No
Not signed on (130)
130 members have not signed on to this bill.
Show all 130 →"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
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 95 | 0 | 4 |
| Total | 0 | 95 | 0 | 4 |
| % of votes cast | 0% | 96% | 0% | 4% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 1 | 0 | 1 |
| Total | 38 | 1 | 0 | 1 |
| % of votes cast | 95% | 3% | 0% | 3% |
How each member voted (40)
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 2 | 0 | 1 |
| Total | 12 | 2 | 0 | 1 |
| % of votes cast | 80% | 13% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Not Voting |
| Barker, George L. | — | 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 | — | Nay |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Nay |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does HB 305 do?
- Elections; State Board of Elections; membership; appointment of Commissioner of Elections. Makes the State Board of Elections responsible for appointing the Commissioner of Elections and removes the Governor's ability to appoint to the Department of Elections a deputy commissioner or a confidential policy advisor. The bill also increases the State Board of Elections from five members to seven and staggers those initial terms so that three members are appointed in 2023 and every four years thereafter, two members are appointed in 2024 and every four years thereafter, and two members are appointed in 2025 and every four years thereafter.
- Who sponsors HB 305?
- HB 305 is sponsored by Jason S. Ballard, Emily M. Jordan, Mike A. Cherry, Christopher T. Head, Terry G. Kilgore, Chris S. Runion, Anne Ferrell Tata, Wendell S. Walker, Bill Wiley, Wren M. Williams, Tony O. Wilt, Scott A. Wyatt, Ruff, Frank M., Jr., Taylor, Kim A., Cordoza, A.C., Campbell, Jeffrey L., Avoli, G. "John", and Ransone, Margaret B..
- What is the current status of HB 305?
- This bill died with 2022 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 305?
- Track HB 305 free on One Click Politics — get push/email alerts when it moves.
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