SB 744 — Virginia Elections Commission; created, adoption of recommendations, report.

SESSION ENGROSSEDHOUSE 22105813DSUBSTITUTE 22107104D SENATE BILL NO.

744 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the SenateHouse Committee on Privileges and Elections)Elections on February 25, 2022) (Patron Prior to Substitute––Senator Vogel) SenateA AmendmentsBILL into [amend ]the -Code Februaryof 10,Virginia 2022by Aadding Bsectionsin Title 30 a chapter numbered 30-40964, throughconsisting 30-409.3,of Commission.mbered 30-409, 30-409.1, and 30-409.2, relating to establishment of Virginia ElectionsofElections Commission.Be it enacted by the General Assembly of Virginia:

Be1. it enacted by the General Assembly of Virginia:

EThat 1.the Code of Virginia is amended by adding in Title 30 a chapter numbered 64, consisting of sections numbered 30-409, 30-409.1, and 30-409.2, as follows:

That the Code of Virginia is amended by adding in Title 30 a chapter numbered 64, consistingN of sections numbered 30-409 through 30-409.3, as follows:

G§ VIRGINIA30-409. ELECTIONS COMMISSION.

R § 30-409.

H A.

The Virginia Elections Commission (the Commission) is hereby created as an advisory commission in the legislative branch to study, report, and make recommendations on matters related to the O administration and conduct of elections in the Commonwealth in order to ensure the accessibility, integrity, efficiency, and security of elections in the Commonwealth.

SU B.

The Commission shall consist of 1513 members as follows:

seven members appointed by the Speaker of the House of Delegates, of whom two shall be members of the House of Delegates representing the political party of the Speaker, two shall be members of the House of Delegates representing theDminoritythe minority political party in the House of Delegates, one shall be a member of a local electoral board designateddesEgnated by the Virginia Electoral Board Association, one shall be a general registrar designated by the Voter Registrars Association of Virginia, and one shall be a nonlegislative citizen member;

sevenfive members appointed by the Senate Committee on Rules, of whom twoone shall be membersa member of the Senate of Virginia representing the political party of the President pro tempore, twoone shall be membersa member of the SenateSenSte of electoral board designated by the Virginia Electoral Board Association, one shall be a general registrar designated by the Voter Registrars Association of Virginia, and one shall be a nonlegislative cStizencitizen member;

and the Commissioner of Elections or his designee.designee to serve ex officio with voting privileges.

BNonlegislative C.citizen members of the Commission shall be citizens of the Commonwealth of VirgiSia.

NonlegislativeUnless citizenotherwise membersapproved shallin servewriting forby termsthe chairman of fourthe years,Commission exceptand thatthe appointme4tsrespective toClerkT fillCommonwealth vacanciesof shallVirginia be for the unexpiredpurpose term,of andattending shallmeetings.vel notoriginating beand eligibleending towithin servethe forC. more than twoE successive four-year terms.

AllNonlegislative othercitizen members shall serve termsfor coincident with their terms of 1fficefour andyears, mayexcept servethat forappointments successiveto terms.fill :

3536 D.vacancies shall be for the unexpired term, and shall not be eligible to serve for more than twoT 37 successive four-year terms.

TheAll other members of the Commission shall electserve fromterms amongcoincident with their membershipterms aof chairmanoffice and a38 36may vice-chairmanserve for two-yearsuccessive terms.

TheU chairman39 andD. vice-chairman may not succeed themselves to the 38 samE.

The members of the Commission shall elect from among its membership a chairman and a T serve a term of two years and may not succeed themselves to the same position.vice-chairman shaEl E.

A majority of the 39 Commission shall constitute a quorum.

Notwithstanding the provisions of subsection C, if any 40 nonlegislative citizen member of the Commission fails to attend a majority of meetings of the Commission in a calendar year, the Commission shall notify the member's appointing authority.

Upon receiptas ofsoon suchas notification,practicable.ation, the appointing authority may remove the member and appoint a successor asF. soon as practicable.

F.No recommendation of the Commission shall be adopted if a majority of the Senate members or a majority of the House members appointed to the Commission (i) vote against the recommendation aSd (ii) vote for the recommendation to fail notwithstanding the majority vote of the Commission.

NoB recommendationG. of the Commission shall be adopted if a majority of the Senate members or a majority of the House members appointed to the Commission (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the Commission.

Members of the Commission shall receive no compensation for their services but shall be 4 reimbursed for all reasonable and necessary expenses incurred in the performance of their dutiesdutieH as shall be provided infrom §§existing 2.2-2813,appropriations 2.2-2825to andthe 30-19.12,Commission.Funding asfor appropriate.expenses of the me1bers § 30-409.1.

Funding for expenses of the members shall be provided from existing appropriations to the Commission.

§ 30-409.1.

At the direction of the General Assembly and upon request of the Governor, or upon its own motion, the Commission shall study matters related to the administration and conduct of elections in order to ensure the accessibility, integrity, efficiency, and security of elections in the Commonwealth,Commonwealth and shall report on its findings and make legislative recommendations to the General Assembly and the Governor.

SB744H1 2 of 2 The chairman of the Commission shall submit to the General Assembly and the Governor an annual executive summary of the interim activity and work of the Commission no later than the deadline for submitting drafting requests for legislation to be prefiled to the Division of Legislative Services established by the procedural resolution adopted by the General Assembly, or in default thereof, adopted SB744ES1 2 of 2 by the Joint Rules Committee.

StaffingStaffing; [ ;

executivecooperation directorof ]other .state agencies and political subdivisions.

The Commission shallmay appoint and employ [ an executive director and other persons staff ] as it deems necessary,necessary who shall serve at the pleasure of the Commission, to assist it in carrying out its duties.

§In 30-409.3.the absence of such staff, administrative staff support shall be provided by the Office of the Clerk of the chairman of the Commission, and the Division of Legislative Services shall provide legal research, policy analysis, and other services as requested by the Commission.

CooperationTechnical ofassistance othershall statebe agenciesprovided andby politicalthe subdivisions.Department of Elections.

EveryAll department,agencies division,of board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party, and eachits political subdivisionsubdivisions of the Commonwealth shall, upon request by the Commission, provide cooperation and assistance to the Commission in the performance of its duties.