Virginia 2024 Regular Session Status: Enacted

SB 428 — Elections; ranked choice voting, locally elected offices.

Last action — Passed by for the day

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 26, 2024.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Elections; conduct of election; ranked choice voting; locally elected offices; report. Clarifies the requirements for conducting elections using ranked choice voting and requires the results for elections conducted by ranked choice voting to be reported along with other results reported on election night, except that such results must clearly be identified as preliminary and based on the first rankings in a ranked choice voting election. The bill provides that final tabulation for an election is required to be conducted on the same day as other results are canvassed by the local electoral board. The bill specifies that ranking data is required to be made publicly available by the Department of Elections and requires the State Board of Elections to provide standards and to approve vote tabulating software for use with existing voting systems in elections conducted by ranked choice voting. The bill specifies that risk-limiting audits of elections conducted using ranked choice voting are limited to the first choice rankings reported on voting systems and provides that, while risk-limiting audits of elections conducted using ranked choice voting may be requested by localities, no such election may be included in any random drawing required to satisfy the general requirements for risk-limiting audits nor shall a risk-limiting audit of such election count toward satisfying any such general requirements. The bill specifies that the State Board is required to produce generalized voter education materials on ranked choice voting and is also permitted to create and modify recount procedures to the extent necessary to accommodate a recount of an election. Finally, the bill directs the Department to review the testing and approval framework for voting equipment in the Commonwealth and to submit a report of such review no later than the first day of the 2025 Regular Session of the General Assembly.

Bill Text

What changed in the latest version

85 added · 83 removed

Plain-language change summary

The updated version of Bill SB 428 introduces a more detailed explanation of ranked choice voting and clarifies its implementation for local elections, specifically for county supervisors and city councils. It emphasizes that the decision to use ranked choice voting must involve consultation with local electoral authorities and be approved by a majority vote of the governing body. These changes are important because they provide clearer guidelines for how local elections can be conducted, which could enhance voter engagement and ensure a fairer representation of preferences in the election process.

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SESSION HOUSE SUBSTITUTE 24108147D SENATE BILL NO.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 24.2-673.1 of the Code of Virginia, relating to elections;
428 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Privileges and Elections on March 1, 2024) (Patron Prior to Substitute––Senator VanValkenburg) A BILL to amend and reenact § 24.2-673.1 of the Code of Virginia, relating to elections;
conduct of election;
conduct of Be it enacted by the General Assembly of Virginia:fices;
ranked choice voting;
locally elected offices;
R O [S 428] Approved L L Be it enacted by the General Assembly of Virginia:
§ 24.2-673.1.
E § 24.2-673.1.
A.
D "Ranked choice voting" means a method of casting and tabulating votes in which (i) voters rank candidates in order of preference, (ii) tabulation proceeds in rounds such that in each of round either a candidate or candidates are elected or the last-place candidate is defeated, (iii) votes for voters' next-ranked candidates are transferred from elected or defeated candidates, and (iv) tabulation ends when the number of candidates elected equals the number of offices to be filled.
For purposes of this section:
"Ranked choice voting" means a method of casting and tabulating votes in which (i) voters rank candidate or candidates are elected or the last-place candidate is defeated, (iii) votes for voters'her a next-ranked candidates are transferred from elected or defeated candidates, and (iv) tabulation ends when the number of candidates elected equals the number of offices to be filled.
U "Ranking" means the ordinal number assigned on a ballot by a voter to a candidate to express the second ranking number two is the next-highest ranking, and so on, consecutively, up to the number ofthe candidates indicated on the ballot.
B "Ranking" means the ordinal number assigned on a ballot by a voter to a candidate to express2the second ranking number two is the next-highest ranking, and so on, consecutively, up to the numbEr ofthe candidates indicated on the ballot.
E B.
R B.
The decision to conduct an election by ranked choice voting shall be made, in consultation with the local electoral board and general registrar, by a majority vote of the board of supervisors or city council that the office being elected serves and shallSbe subject choice voting made by a local governing body shall be transmitted to the State Board, which shalled provide a determination of feasibility within 10 days of receipt of the decision or, in the case of a shared office, within 10 days of receipt of the decisions of all of the localities that share the office.
The decision to conduct an election by ranked choice voting shall be made, in consultation with the local electoral board and general registrar, by a majority vote of the board of supervisors or city council that the office being elected serves and shall be subject to a determination of feasibility by the State Board.
Any decision to conduct an election by ranked choice voting made by a local governing body shall be transmitted to the State Board, which shall shared office, within 10 days of receipt of the decisions of all of the localities that share the office.
In any election conducted by ranked choice voting, as soon as the polls are closed on theSday of the election, the officers of election for each precinct shall proceed to ascertain the vote anT prepare elections under this article.
In any election conducted by ranked choice voting, as soon as the polls are closed on the day of the election, the officers of election for each precinct shall proceed to ascertain the vote and prepare returns for the first rankings made for such election in the same manner as provided for votes in other elections under this article.
The results for elections conducted by ranked choice voting shall beother reported along with other results reported on election night, except that such results shall clearly be 36 identified as preliminary and based on the first rankings in a ranked choice voting election.
The results for elections conducted by ranked choice voting shall be reported along with other results reported on election night, except that such results shall clearly be identified as preliminary and based on the first rankings in a ranked choice voting election.
T 37 D.
D.
In any election conducted by ranked choice voting final tabulation of votes shall be conducted at / 38 the meeting of the electoral board held pursuant to § 24.2-671.
In any election conducted by ranked choice voting final tabulation of votes shall be conducted at theE.
U 39 E.
If, in the process of tabulating final results for an election conducted by ranked choice voting, any machine readable ballot is damaged or defective so that it cannot properly be counted by the electronic voting systems, a true duplicate copy shall be made of the damaged ballot by a team of election officials representing both parties.
If, in the process of tabulating final results for an election conducted by ranked choiceTvoting, any voting systems, a true duplicate copy shall be made of the damaged ballot by a team of electionEofficials representing both parties.
The Department shall make public the total number and percentage of votes each candidate pursuant to § 24.2-612.2, and ballot-level ranking data on an election-by-election basis to the extent feasible and consistent with the need to maintain voter privacy.
The Department shall make public the total number and percentage of votes each candidate received in each round of the official tabulation, including votes for candidates who have withdrawn feasible and consistent with the need to maintain voter privacy.ection-by-election basis to the extent G.
G.
The State Board shall provide standards for vote tabulating software for use with existing voting systems in elections conducted by ranked choice voting.
The State Board shall provide standards for vote tabulating software for use with existinS voting systems in elections conducted by ranked choice voting.
Any person, firm, or corporation manufacturing, owning, or offering for sale any vote tabulation software designed to be used with existing voting systems may apply to the State Board, in the manner prescribed by the Board, to have examined a production version of such software.
Any person, firm, or corporation manufacturing, owning, or offering for sale any vote tabulation software designed to be used with existing vot8ng systems may apply to the State Board, in the manner prescribed by the Board, to have examined aH elections by ranked choice voting shall provide for the use of vote tabulating software approved by the Board in any such elections.
A local governing body that makes the decision to conduct elections by ranked choice voting shall provide for the use of vote tabulating software approved by the Board in any such elections.
H.
elections determined by ranked choice voting, including (i) procedures for tabulating and reporting votes in rounds, (ii) procedures for determining winners in elections for offices to which only one candidate is of 2 being elected and to which more than one candidate is being elected, and (iii) standards for ballots pursuant to § 24.2-613, notwithstanding the provisions of subsection E of that section.
The State Board may shall promulgate regulations for the proper and efficient administration of elections determined by ranked choice voting, including (i) procedures for tabulating and reporting votes in rounds, (ii) procedures for determining winners in elections for offices to which only one candidate is being elected and to which more than one candidate is being elected, and (iii) standards for ballots SB428H1 2 of 2 pursuant to § 24.2-613, notwithstanding the provisions of subsection E of that section.
View plain text versions (4)

Action History

  1. Passed by for the day

  2. Vetoed by Governor

  3. Impact statement from DPB (SB428ER)

  4. Governor's Action Deadline 11:59 p.m., April 8, 2024

  5. Enrolled Bill Communicated to Governor on March 27, 2024

  6. Signed by Speaker

  7. Signed by President

  8. Bill text as passed Senate and House (SB428ER)

  9. Enrolled

  10. Title replaced 24108147D-H1

  11. House substitute agreed to by Senate (21-Y 19-N)

  12. VOTE: Passage (54-Y 44-N)

  13. Passed House with substitute (54-Y 44-N)

  14. Engrossed by House - committee substitute SB428H1

  15. Committee substitute agreed to 24108147D-H1

  16. Read third time

  17. Read second time

  18. Impact statement from DPB (SB428H1)

  19. Committee substitute printed 24108147D-H1

  20. Reported from Privileges and Elections with substitute (14-Y 7-N)

  21. Subcommittee recommends reporting with substitute (6-Y 2-N)

  22. House subcommittee amendments and substitutes offered

  23. Assigned P & E sub: Election Administration

  24. Referred to Committee on Privileges and Elections

  25. Read first time

  26. Placed on Calendar

  27. Read third time and passed Senate (21-Y 19-N)

  28. Engrossed by Senate - committee substitute SB428S1

  29. Committee substitute agreed to 24106306D-S1

  30. Reading of substitute waived

  31. Read second time

  32. Constitutional reading dispensed (40-Y 0-N)

  33. Reported from Finance and Appropriations (11-Y 4-N)

  34. Senate subcommittee amendments and substitutes offered

  35. Impact statement from DPB (SB428S1)

  36. Rereferred to Finance and Appropriations

  37. Committee substitute printed 24106306D-S1

  38. Reported from Privileges and Elections with substitute (8-Y 7-N)

  39. Senate committee, floor amendments and substitutes offered

  40. Senate committee, floor amendments and substitutes offered

  41. Impact statement from DPB (SB428)

  42. Referred to Committee on Privileges and Elections

  43. Prefiled and ordered printed; offered 01/10/24 24104417D

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 145 not signed on · 63 voted No

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 21 Yea · 19 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211900
Total 211900
% of votes cast 53%48%0%0%
How each member voted (40)

Official roll call →

VOTE: Passage (54-Y 44-N)

Passed 53 Yea · 44 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 534402
Total 534402
% of votes cast 54%44%0%2%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Nay
Arnold, Jonathan, E. P. — Nay
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Nay
Bonita G. Anthony — Yea
Briana D. Sewell — Not Voting
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Nay
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Nay
Ennis, N. Baxter — Nay
Eric Phillips — Nay
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Nay
Green, W. Chad — Nay
H. Otto Wachsmann, Jr. — Nay
Higgins, Geary — Nay
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Nay
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Nay
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Nay
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Nay
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Yea
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Nay
Owen, David — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Nay
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay
Wren M. Williams — Not Voting

Official roll call →

Passed 14 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14701
Total 14701
% of votes cast 64%32%0%5%
How each member voted (22)

Official roll call →

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)

Official roll call →

Passed 21 Yea · 19 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211900
Total 211900
% of votes cast 53%48%0%0%
How each member voted (40)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 11 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11400
Total 11400
% of votes cast 73%27%0%0%
How each member voted (15)

Official roll call →

Passed 8 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8700
Total 8700
% of votes cast 53%47%0%0%
How each member voted (15)

Official roll call →

Subjects

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Frequently asked questions

What does SB 428 do?
Elections; conduct of election; ranked choice voting; locally elected offices; report. Clarifies the requirements for conducting elections using ranked choice voting and requires the results for elections conducted by ranked choice voting to be reported along with other results reported on election night, except that such results must clearly be identified as preliminary and based on the first rankings in a ranked choice voting election. The bill provides that final tabulation for an election is required to be conducted on the same day as other results are canvassed by the local electoral board. The bill specifies that ranking data is required to be made publicly available by the Department of Elections and requires the State Board of Elections to provide standards and to approve vote tabulating software for use with existing voting systems in elections conducted by ranked choice voting. The bill specifies that risk-limiting audits of elections conducted using ranked choice voting are limited to the first choice rankings reported on voting systems and provides that, while risk-limiting audits of elections conducted using ranked choice voting may be requested by localities, no such election may be included in any random drawing required to satisfy the general requirements for risk-limiting audits nor shall a risk-limiting audit of such election count toward satisfying any such general requirements. The bill specifies that the State Board is required to produce generalized voter education materials on ranked choice voting and is also permitted to create and modify recount procedures to the extent necessary to accommodate a recount of an election. Finally, the bill directs the Department to review the testing and approval framework for voting equipment in the Commonwealth and to submit a report of such review no later than the first day of the 2025 Regular Session of the General Assembly.
Who sponsors SB 428?
SB 428 is sponsored by Schuyler T. VanValkenburg, Saddam Azlan Salim, and Adam P. Ebbin.
What is the current status of SB 428?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track SB 428?
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