Elections; ranked choice voting, locally elected offices.
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SB 428 — Elections; ranked choice voting, locally elected offices.
Last action — Passed by for the day
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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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Signed by Governor Glenn Youngkin (Republican) on March 26, 2024.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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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 removedPlain-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.
SESSION HOUSEENROLLED SUBSTITUTEVIRGINIA 24108147DACTS SENATEOF BILLASSEMBLY NO.–– CHAPTER E An Act to amend and reenact § 24.2-673.1 of the Code of Virginia, relating to elections;
428conduct 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 theelection; Code of Virginia, relating to elections;
conductranked ofchoice Bevoting; it enacted by the General Assembly of Virginia:fices;
locally elected offices;
R O [S 428] Approved L L Be it enacted by the General Assembly of Virginia:
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.
UB "Ranking" means the ordinal number assigned on a ballot by a voter to a candidate to expressexpress2the the second ranking number two is the next-highest ranking, and so on, consecutively, up to the numbernumbEr ofthe candidates indicated on the ballot.
ER 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 transmittedsubject to the State Board, which shalled provide a determination of feasibility withinby 10 days of receipt of the decisionState or,Board. in the case of a shared office, within 10 days of receipt of the decisions of all of the localities that share the office.
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 theSdaythe day of the election, the officers of election for each precinct shall proceed to ascertain the vote anTand 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 beotherbe 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.
T 37 D.
In any election conducted by ranked choice voting final tabulation of votes shall be conducted at /theE. 38 the meeting of the electoral board held pursuant to § 24.2-671.
UIf, 39in E.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 pursuantreceived toin §each 24.2-612.2,round andof ballot-levelthe rankingofficial datatabulation, onincluding anvotes election-by-electionfor basiscandidates towho thehave extentwithdrawn feasible and consistent with the need to maintain voter privacy.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.
TheAny Stateperson, Boardfirm, shallor providecorporation standardsmanufacturing, owning, or offering for sale any vote tabulatingtabulation software fordesigned useto be used with existinSexisting voting systems may apply to the State Board, in electionsthe conductedmanner prescribed by rankedthe choiceBoard, voting.to have examined a production version of such software.
AnyA person,local firm,governing orbody corporationthat manufacturing,makes owning, or offering for sale any vote tabulation software designed to be used with existing vot8ng systems may apply to the Statedecision Board, in the manner prescribed by the Board, to haveconduct examined aH 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)
- SB428ER View text Current pdf March 25, 2024
- Committee Substitute Committee substitute printed 24108147D-H1 pdf March 01, 2024
- Committee Substitute Committee substitute printed 24106306D-S1 pdf January 30, 2024
- Prefiled Prefiled and ordered printed; offered 01/10/24 24104417D pdf January 09, 2024
Action History
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Passed by for the day
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Vetoed by Governor
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Impact statement from DPB (SB428ER)
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Governor's Action Deadline 11:59 p.m., April 8, 2024
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Enrolled Bill Communicated to Governor on March 27, 2024
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Signed by Speaker
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Signed by President
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Bill text as passed Senate and House (SB428ER)
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Enrolled
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Title replaced 24108147D-H1
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House substitute agreed to by Senate (21-Y 19-N)
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VOTE: Passage (54-Y 44-N)
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Passed House with substitute (54-Y 44-N)
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Engrossed by House - committee substitute SB428H1
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Committee substitute agreed to 24108147D-H1
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Read third time
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Read second time
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Impact statement from DPB (SB428H1)
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Committee substitute printed 24108147D-H1
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Reported from Privileges and Elections with substitute (14-Y 7-N)
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Subcommittee recommends reporting with substitute (6-Y 2-N)
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House subcommittee amendments and substitutes offered
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Assigned P & E sub: Election Administration
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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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Read third time and passed Senate (21-Y 19-N)
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Engrossed by Senate - committee substitute SB428S1
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Committee substitute agreed to 24106306D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Finance and Appropriations (11-Y 4-N)
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Senate subcommittee amendments and substitutes offered
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Impact statement from DPB (SB428S1)
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Rereferred to Finance and Appropriations
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Committee substitute printed 24106306D-S1
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Reported from Privileges and Elections with substitute (8-Y 7-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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Impact statement from DPB (SB428)
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Referred to Committee on Privileges and Elections
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Prefiled and ordered printed; offered 01/10/24 24104417D
Sponsors
- Schuyler T. VanValkenburg · Primary
- Saddam Azlan Salim · Cosponsor
- Adam P. Ebbin · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on · 63 voted No
Sponsors (1)
Co-sponsors (2)
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.
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)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Nay |
| Christopher T. Head | — | Nay |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Nay |
| Glen H. Sturtevant, Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Nay |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| McGuire, John J., III | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Nay |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Nay |
| Tammy Brankley Mulchi | — | Nay |
| Tara A. Durant | — | Nay |
| Timmy French | — | Nay |
| Todd E. Pillion | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 44 | 0 | 2 |
| Total | 53 | 44 | 0 | 2 |
| % of votes cast | 54% | 44% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 7 | 0 | 1 |
| Total | 14 | 7 | 0 | 1 |
| % of votes cast | 64% | 32% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Bonita G. Anthony | — | Yea |
| Convirs-Fowler, Kelly K. | — | Yea |
| David A. Reid | — | Yea |
| Eric Phillips | — | Not Voting |
| Gilbert, C. Todd | — | Nay |
| Green, W. Chad | — | Nay |
| H. Otto Wachsmann, Jr. | — | Nay |
| Israel D. O'Quinn | — | Nay |
| Jackie H. Glass | — | Yea |
| James A. "Jay" Leftwich | — | Nay |
| Joshua G. Cole | — | Yea |
| Kannan Srinivasan | — | Yea |
| LeVere Bolling, Destiny | — | Yea |
| Maldonado, Michelle Lopes | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Mike A. Cherry | — | Yea |
| Milde, Paul V. | — | Nay |
| Paul E. Krizek | — | Yea |
| Phillip A. Scott | — | Nay |
| Robert S. Bloxom, Jr. | — | Yea |
| Rozia A. Henson, Jr. | — | Yea |
| Sickles, Mark D. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 2 | 0 | 1 |
| Total | 6 | 2 | 0 | 1 |
| % of votes cast | 67% | 22% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Green, W. Chad | — | Nay |
| H. Otto Wachsmann, Jr. | — | Nay |
| Jackie H. Glass | — | Yea |
| Kannan Srinivasan | — | Yea |
| Maldonado, Michelle Lopes | — | Yea |
| Marcia S. "Cia" Price | — | Not Voting |
| Robert S. Bloxom, Jr. | — | Yea |
| Rozia A. Henson, Jr. | — | Yea |
| Sickles, Mark D. | — | Yea |
| 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)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Nay |
| Christopher T. Head | — | Nay |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Nay |
| Glen H. Sturtevant, Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Nay |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| McGuire, John J., III | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Nay |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Nay |
| Tammy Brankley Mulchi | — | Nay |
| Tara A. Durant | — | Nay |
| Timmy French | — | Nay |
| Todd E. Pillion | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| 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)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 4 | 0 | 0 |
| Total | 11 | 4 | 0 | 0 |
| % of votes cast | 73% | 27% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barbara A. Favola | — | Yea |
| Bryce E. Reeves | — | Nay |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 7 | 0 | 0 |
| Total | 8 | 7 | 0 | 0 |
| % of votes cast | 53% | 47% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Bill DeSteph | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Danica A. Roem | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Glen H. Sturtevant, Jr. | — | Nay |
| J.D. "Danny" Diggs | — | Nay |
| McGuire, John J., III | — | Nay |
| R. Creigh Deeds | — | Yea |
| Russet Perry | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| T. Travis Hackworth | — | Nay |
| Tammy Brankley Mulchi | — | Nay |
| Tara A. Durant | — | Nay |
Subjects
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?
- Track SB 428 free on One Click Politics — get push/email alerts when it moves.
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