STATE LEGISLATION
2011 SESSION REPORT #3
Elections and the operation of them is a concern of many legislators this session.
Current law requires that electoral boards may not acquire direct recording
electronic voting machines after July 1, 2007. This was passed during a previous
session to assure that some sort of paper recording device was included in all
new machines. There have been difficulties in securing sufficient voting
machines that meet Federal accessibility standards. SB-884, [Senator Blevins –
14th District] , SB-1340 [Senator Puller – 36th District], SB-1036 [Senator Barker
– 39th District], HB-1490 [Delegate Spruill – 77th District], HB-2023 [Delegate
May], and HB-2080 [Delegate Landes] all permit localities to acquire direct
recording electronic (DRE) machines by deleting the provision enacted in 2007
that generally prohibited the acquisition of such machines on and after July 1,
2007.
Since redistricting of all seats in the General Assembly will take place this spring,
it will be necessary move the date of the primary elections that determine the
candidates in the major parties from mid June to a later date after the special
redistricting session, and the Federal Government review of the final plan. HB-
1507 [Delegate Cole] moves the date to August 23rd. Senator Howell has a bill
that would move the primaries to September 13 [SB-947].
HB-1568 [Delegate Cleaveland – 17th District] permits deceased voters who
were qualified and cast an absentee vote to have their votes counted.
HB-1667[Delegate McLellen], HB-1843 [Delegate Cole]; moves the date of
Presidential primaries to first Tuesday in March. This would give Virginia Voters a
earlier opportunity to vote.
The Virginia Constitution places the responsibility of redrawing the boundaries of
the legislative districts of the House of Delegates, the State Senate, and the 11
members of Congress in the hands of the members of the General Assembly.
The 2009/ 2010 sessions of the General Assembly were the last times that a
constitutional amendment could have been processed through the General
Assembly to affect the 2011 redistricting. Several proposed amendments were
introduced, but none of them were passed by both houses and sent to the
governor for signature. Governor McDonnell has appointed an advisory
commission to make proposals and now Delegate Ken Plum has introduced a bill
to do the same with the additional provision that the staff work will be done by the
legislative services agency of the General Assembly [HB-1749]. Senator Miller
has a similar bill [SB-932] that would create a commission made up of four
members appointed by the leaders of both major parties in each house who will
then select a fifth member by majority vote. This commission will prepare a bill to
be submitted to the House and Senate to redistrict the General Assembly and the
Congressional seats. Both authors have included an emergency clause so that
the bills would be in effect immediately the Governor signs them, and they would
be effective for the redistricting procedure that will be done this year. With an
emergency clause, however, the bills will require a supermajority in both houses
to pass.
The General Assembly is not always the most of collegial bodies. It is not
uncommon for one Delegate to object to another’s bill. A case of this sort has
occurred this session. Delegate Jackson Miller of Prince William County has
introduced a bill [HB-1913] that would extend the restriction of purse net fishing
for Menhaden fish in the Rappahannock River from the current limit of the Norris
Jr. Bridge down to the mouth of the river which is about 5 miles further down
stream. This area is in the Northern Neck region of the state which is represented
by Delegate Albert Pollard who objects to the infringement of the current fishing
rights of residents and corporations in his district and introduced a bill [HB-2418]
which adds a $1.00 fee to every VRE train ticket sold from the two stops in
Prince William County which are in Delegate Miller’s district.
Bill Schmidt
VFC State Legislation Chair
billschmidt39@yahoo.com