HB 111 — President and Vice President; binding of electors, filling vacancies.

RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2024 RECONVENED SESSION CHAPTER 801R An Act to amend and reenact §§ 24.2-311 and 24.2-614 of the Code of Virginia;

and to repeal §§ 24.2-202 throughthroughE 24.2-205 and Article 6 (§§ 24.2-542, 24.2-542.1, and 24.2-543) of Chapter 5 of Title 24.2 ofofNthe the Code of Virginia, relating to electors for President and Vice President of the United States;

R O [H 111] Approved AprilL 17,L 2024 Be it enacted by the General Assembly of Virginia:

E 1.

That §§ 24.2-311 and 24.2-614 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 24.2 a chapter numbered 2.1, containing articlesarticlesD numbered 1 and 2, consisting of sections numbeCHAPTERnumbered 2.1.24.2-240 through 24.2-246, as follows:

through 24.2-246, as follows:

Each nominated elector selected pursuant to this article shall, at the time of his nomination and until the conclusion of the day electors cast their votes in the Electoral College, be a citizen of thetHe United States and a legal resident of the Commonwealth, and shall subscribe to an oath, which shall bebe1 notarized, that he is, in fact, a citizen of the United States and a legal resident of the Commonwealth, and that he will, if elected, cast his ballot in the Electoral College for the candidates for President and Vice President of the United States as set forth in subsection A or B of § 24.2-241 or pursuantpursuantRto to § 24.2-242, as applicable, or as such political party or group of qualified voters may direct in the event of the death, withdrawal, or disqualification of a candidate of that party or group.

certaincerA. national conventions;

vacancies.In elections for President and Vice President of the United States, the appropriate chairman or secretary of each political party as defined in § 24.2-101 shall furnish to the State Board by noon on the seventy-fourth day before the presidential election (i) the names of the individuals nominated to be electors by the party at its convention held for that purpose, with the total number of its nominated electors equaling the whole number of senators and representatives to which the Commonwealth at that time is entitled in the Congress of the United States, together with the names of the political party and of the candidates for President and Vice President for whom the nominated electors are required to vote in B.

A.

In elections for President and Vice President of the United States, the appropriate chairman or secretary of each political party as defined in § 24.2-101 shall furnish to the State Board by noon on the seventy-fourth day before the presidential election (i) the names of the individuals nominated to be electors by the party at its convention held for that purpose, with the total number of its nominated electors equaling the whole number of senators and representatives to which the Commonwealth at that time is entitled in the Congress of the United States, together with the names of the political party and of the candidates for President and Vice President for whom the nominated electors are required to vote in the Electoral College, and (ii) a copy of the subscribed and notarized oath required by § 24.2-240.

B.

and (iii) the candidates for President and Vice President nominated by the partysixtieth atday itsbefore nationalthe conventionpresidential shallelection.ified be certified to the State Board no later than 5:00 p.m.

on the sixtiethC. day before the presidential election.

C.

A group of qualified voters, not constituting a political party as defined in § 24.2-101, may have the names of nominated electors selected by them, which shall include one elector residing in each congressional district and two from the Commonwealth at large, printed upon the official ballot to be used in the election of electors for President and Vice President by filing a petition pursuant to this of 4 section.

The petition shall have printed on the front of each page the names of the individuals nominated of 4 to be electors by the petitioners, the party name under which they desire to be nominated electors to be listed on the ballot, and the names of the candidates for President and Vice President for whom the nominated electors are required to vote in the Electoral College.

of 4 The qualified voters of the Commonwealth shall choose the Commonwealth's electors for President and Vice President of the United States at the general election in November 2024 and every fourthfourRh year thereafter.

Each voter shall vote for a number of electors that equals the whole number of senatorssenaEors and representativesrep§ to24.2-244. which the Commonwealth at the time is entitled in the Congress of the United States.

§ 24.2-244.

how electors required to vote.vote.e United States.

of 4 A.

N B.

When all electors are present and any vacancies have been filled, they shall proceed to perform the dutiesdutiOs required of such electors by the Constitution and laws of the United States.

C.required to vote for the nominees of the national convention to which the state convention electshall be delegates.

Electors selected by the state convention of any political party as defined in § 24.2-101 shall be required to vote for the nominees of the national convention to which the state convention elects delegates.

Any electoreleEtor who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's oath signed and notarized pursuant to § 24.2-240 shall be deemed to vacate the office of elector.

If Congress establishes a different day for choosing electors, or appoints a different day for their meeting to give their votes, then the election shall be held and the meeting of the electors shall take place on those days.

H § 24.2-311.

elections following decennialdecennia1 redistricting.

A.Assembly districts required by Article II, Section 6 of the Constitution of Virginia shall takeReffect immediately.

Legislation enacted to accomplish the decennial redistricting of congressional and General Assembly districts required by Article II, Section 6 of the Constitution of Virginia shall take effect immediately.

However, (i) if the decennial redistricting of congressional districts has not been enacted and approved for implementation pursuant to § 5 of the United States Voting Rights Act of 1965 before January 1 of the year of the election for statewide office, the previously enacted congressional districts shall remain in effect for the purpose of meeting the petition signature requirements set out in §§ 24.2-242, 24.2-506, 24.2-521, 24.2-543, and 24.2-545 and (ii) any reference on a petition to the usual primary date of the third Tuesday in June shall not be cause to invalidate the petition even though the date of the primary may be altered by law.

Members of county, city, and town governing bodies in office on for their successors shall be held at the effectivegeneral dateelection next preceding the expiration of athe decennialterms redistrictingofons measureoffice of the incumbent members and shall completebe theirconducted termson the basis of office.the districts set out in the measures to accomplish the decennial redistricting.

The elections for their successors shall be held at the general election next preceding the expiration of the terms of office of the incumbent members and shall be conducted on the basis of the districts set out in the measures to accomplish the decennial redistricting.

D.and also increases the size of the governing body, an election for the additional governing body member or members to represent the additional district or districts for the full or partial term provided by law shall be held at the next November general election in any county or in any city or town that regularly elects its governing body in November pursuant to § 24.2-222.1, or at the next May general election in any other city or town, which occurs at least 120 days after the effective date of the redistricting measure.

If a decennial redistricting measure adopted by a local governing body adds one or more districts and also increases the size of the governing body, an election for the additional governing body member or members to represent the additional district or districts for the full or partial term provided by law shall be held at the next November general election in any county or in any city or town that regularly elects its governing body in November pursuant to § 24.2-222.1, or at the next May general election in any other city or town, which occurs at least 120 days after the effective date of the redistricting measure.

In the event of a conflict between the provisions of a decennial redistricting measure and the provisions of the charter of any locality, the provisions of the redistricting measure shall be deemed to override the charter provisions to the extent required to give effect to the redistricting plan.plan.deemed to of 4 § 24.2-614.

§ 24.2-614.

Below the party name in parentheses, the ballot shall contain the words "Electors for __________, President and of 4 __________, Vice President" with the blanks filled in with the names of the candidates for President and Vice President for whom the candidates for electors are expected to vote in the Electoral College.