Bill Text: VA HB161 | 2016 | Regular Session | Prefiled
Bill Title: November elections; elections and terms for mayors, councils, and elected school boards.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-16 - Left in Privileges and Elections [HB161 Detail]
Download: Virginia-2016-HB161-Prefiled.html
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16101577D Be it enacted by the General Assembly of Virginia: 1. That §§15.2-3226, 15.2-3509, 15.2-3819, 22.1-57.3, 24.2-101, 24.2-200, 24.2-222, 24.2-223, 24.2-226, 24.2-311, 24.2-312, 24.2-503, 24.2-507, 24.2-510, 24.2-701, 24.2-947.8, 24.2-948.2, and 24.2-951.7 of the Code of Virginia are amended and reenacted as follows: §15.2-3226. Redistricting and elections in city or town following annexation; registration and transfer of registration of voters in annexed territory. A. Whenever the boundaries of a city or town, which elects its council by wards or districts, have been expanded through annexation, subject to the provisions of §24.2-304.1, the council of the city or town shall redistrict the municipality into wards or districts, change the boundaries of existing wards or districts, or increase or diminish the number of wards or districts to incorporate the additional territory. B. C. The registration records of voters residing in the annexed areas shall be transferred, and the appropriate notice given, in accordance with §24.2-114. Any person residing in the annexed territory who has not registered shall be entitled to register and vote in the city or town if he would have been entitled to register and vote at the next election of the county. §15.2-3509. Election or appointment of city or town officers. At the next regular All appointive city and town officers shall be appointed by the person, board or authority upon whom the power to appoint such officers in other cities and towns is conferred. The terms of such officers shall commence on January 1 next succeeding the first election of officers for the consolidated city or town and shall continue, unless otherwise removed, until their successors have been appointed and qualified. The successors of all such officers whose first election or appointment is herein provided for shall thereafter be elected or appointed at the time, in the manner and for the terms provided by general or special law. §15.2-3819. Election and terms of office of mayor and councilmen after town becomes city. At a general election of city officers, to be held on the §22.1-57.3. Election of school board members; election of tie breaker. A. If a majority of the qualified voters voting in such
referendum vote in favor of changing the method of selecting school board
members to direct election by the voters, then the members of the school board
shall be elected by popular vote. Elections of school board members in a
county, city, or town shall be held to coincide with the elections for members
of the governing body of the county, city, or town at the regular general
election in November B. The initial elected board shall consist of the same number of members as the appointed school board it replaces, and the members shall be elected from the established county or municipal election districts, at large, or a combination thereof, on the same basis as the school board previously was appointed. If the appointed school board being replaced has not been appointed either on an at-large basis or on the basis of the established county or municipal election districts, or a combination thereof, the members shall be elected at large unless the governing body of the county, city, or town provides for the election of school board members on the basis of the established county or municipal election districts. If the appointed school board being replaced has been appointed at large, the governing body of the county, city, or town may establish school election districts for the election of school board members. The governing body may provide for a locality-wide district, one or more districts comprised of a part of the locality, or any combination thereof, and for the apportionment of one or more school board members to any district. The terms of the members of the elected school board for any county, city, or town shall be the same as the terms of the members of the governing body for the county, city, or town. In any locality in which both the school board and the governing body are elected from election districts, as opposed to being elected wholly on an at-large basis, the elections of the school board member and governing body member from each specific district shall be held simultaneously except as otherwise provided in §§22.1-57.3:1, 22.1-57.3:1.1, and 22.1-57.3:1.2 . At the first election for members of the school board, so many members shall be elected as there are members to be elected at the regular election for the governing body. At each subsequent regular election for members of the governing body, the same number of members of the school board shall be elected as the number of members to be elected at the regular election to the governing body. However, if the number of members on the school board differs from the number of members of the governing body, the number of members elected to the school board at the first and subsequent general election shall be either more or less than the number of governing body members, as appropriate, to the end that the number of members on the initial elected school board is the same as the number of members on the appointed board being replaced. Except as provided in §§22.1-57.3:1, 22.1-57.3:1.1, and 22.1-57.3:1.2, the terms of the members of the school board shall be staggered only if the terms of the members of the governing body are staggered. If there are more, or fewer, members on the school board than on the governing body, the number of members to be elected to the school board at the first and subsequent election for school board members shall be the number required to establish the staggered term structure so that (i) a majority of the members of the school board is elected at the same time as a majority of the members of the governing body; (ii) if one-half of the governing body is being elected and the school board has an even number of members, one-half of the members of the school board is elected; (iii) if one-half of the governing body is being elected and the school board has an odd number of members, the majority by one member of the school board is elected at the first election and the remainder of the school board is elected at the second election; or (iv) if a majority of the members of the governing body is being elected and the school board has an even number of members, one-half of the members of the school board is elected. If the school board is elected at large and the terms of the
members of the school board are staggered, the school board members to be
replaced at the first election shall include all appointed school board members
whose appointive terms are scheduled to expire on December 31 In any case in which school board members are elected from election districts, as opposed to being elected from the county, city, or town at large, the election districts for the school board shall be coterminous with the election districts for the county, city, or town governing body, except as may be specifically provided for the election of school board members in a county, city, or town in which the governing body is elected at large. C. The terms of office for the school board members shall
commence on January 1 D. Except as otherwise provided herein, a vacancy in the
office of any elected school board member shall be filled pursuant to §§
24.2-226 and 24.2-228. In any county that has adopted the urban county
executive form of government and that has adopted an elected school board, any
vacancy on the elected school board shall be filled in accordance with the
procedures set forth in §15.2-802, mutatis mutandis. Notwithstanding any
provision of law or charter to the contrary, if no candidates file for election
to a school board office and no person who is qualified to hold the office is
elected by write-in votes, a vacancy shall be deemed to exist in the office as
of January 1 E. In order to have their names placed on the ballot, all candidates shall be nominated only by petition as provided by general law pursuant to §24.2-506. F. For the purposes of this section, the election and term of the mayor or chairman of the board of supervisors shall be deemed to be an election and term of a member of the governing body of the municipality or county, respectively, whether or not the mayor or chairman is deemed to be a member of the governing body for any other purpose. G. No employee of a school board shall be eligible to serve on the board with whom he is employed. H. Any elected school board may have a position of tie breaker for the purpose of casting the deciding vote in cases of tie votes of the school board as provided in §22.1-75. The position of tie breaker, if any, shall be held by a qualified voter who is a resident of the county, city, or town and who shall be elected in the same manner and for the same length of term as members of the school board and at a general election at which members of the school board are elected. A vacancy in the position of tie breaker shall be filled pursuant to §§24.2-226 and 24.2-228. §24.2-101. Definitions. As used in this title, unless the context requires a different meaning: "Ballot scanner machine" means the electronic counting machine in which a voter inserts a marked ballot to be scanned and the results tabulated. "Candidate" means a person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. "Candidate" shall include a person who seeks the nomination of a political party or who, by reason of receiving the nomination of a political party for election to an office, is referred to as its nominee. For the purposes of Chapters 8 (§24.2-800 et seq.), 9.3 (§24.2-945 et seq.), and 9.5 (§24.2-955 et seq.), "candidate" shall include any write-in candidate. However, no write-in candidate who has received less than 15 percent of the votes cast for the office shall be eligible to initiate an election contest pursuant to Article 2 (§24.2-803 et seq.) of Chapter 8. For the purposes of Chapters 9.3 (§24.2-945 et seq.) and 9.5 (§24.2-955 et seq.), "candidate" shall include any person who raises or spends funds in order to seek or campaign for an office of the Commonwealth, excluding federal offices, or one of its governmental units in a party nomination process or general, primary, or special election; and such person shall be considered a candidate until a final report is filed pursuant to Article 3 (§24.2-947 et seq.) of Chapter 9.3. "Central absentee voter precinct" means a precinct established by a county or city pursuant to §24.2-712 for the processing of absentee ballots for the county or city or any combination of precincts within the county or city. "Constitutional office" or "constitutional officer" means a county or city office or officer referred to in Article VII, Section 4 of the Constitution of Virginia: clerk of the circuit court, attorney for the Commonwealth, sheriff, commissioner of the revenue, and treasurer. "Department of Elections" or "Department" means the state agency headed by the Commissioner of Elections. "Direct recording electronic machine" or "DRE" means the electronic voting machine on which a voter touches areas of a computer screen, or uses other control features, to mark a ballot and his vote is recorded electronically. "Election" means a general, primary, or special election. "Election district" means the territory designated by proper authority or by law which is represented by an official elected by the people, including the Commonwealth, a congressional district, a General Assembly district, or a district for the election of an official of a county, city, town, or other governmental unit. "Electoral board" or "local electoral board" means a board appointed pursuant to §24.2-106 to administer elections for a county or city. The electoral board of the county in which a town or the greater part of a town is located shall administer the town's elections. "Entrance of polling place" or "entrance to polling place" means an opening in the wall used for ingress to a structure. "General election" means an election held in the
Commonwealth on the Tuesday after the first Monday in November "Machine-readable ballot" means a tangible ballot that is marked by a voter or by a system or device operated by a voter and then fed into and scanned by a counting machine capable of reading ballots and tabulating results. "Officer of election" means a person appointed by an electoral board pursuant to §24.2-115 to serve at a polling place for any election. "Paper ballot" means a tangible ballot that is marked by a voter and then manually counted. "Party" or "political party" means an organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office. "Person with a disability" means a person with a disability as defined by the Virginians with Disabilities Act (§51.5-1 et seq.). "Polling place" means the structure that contains the one place provided for each precinct at which the qualified voters who are residents of the precinct may vote. "Precinct" means the territory designated by the governing body of a county, city, or town to be served by one polling place. "Primary" or "primary election" means an election held for the purpose of selecting a candidate to be the nominee of a political party for election to office. "Printed ballot" means a tangible ballot that is printed on paper and includes both machine-readable ballots and paper ballots. "Qualified voter" means a person who is entitled to vote pursuant to the Constitution of Virginia and who is (i) 18 years of age on or before the day of the election or qualified pursuant to §24.2-403 or subsection D of §24.2-544, (ii) a resident of the Commonwealth and of the precinct in which he offers to vote, and (iii) a registered voter. No person who has been convicted of a felony shall be a qualified voter unless his civil rights have been restored by the Governor or other appropriate authority. No person adjudicated incapacitated shall be a qualified voter unless his capacity has been reestablished as provided by law. Whether a signature should be counted towards satisfying the signature requirement of any petition shall be determined based on the signer of the petition's qualification to vote. For purposes of determining if a signature on a petition shall be included in the count toward meeting the signature requirements of any petition, "qualified voter" shall include only persons maintained on the Virginia voter registration system (a) with active status and (b) with inactive status who are qualified to vote for the office for which the petition was circulated. "Qualified voter in a town" means a person who is a resident within the corporate boundaries of the town in which he offers to vote, duly registered in the county of his residence, and otherwise a qualified voter. "Referendum" means any election held pursuant to law to submit a question to the voters for approval or rejection. "Registered voter" means any person who is maintained on the Virginia voter registration system. All registered voters shall be maintained on the Virginia voter registration system with active status unless assigned to inactive status by a general registrar in accordance with Chapter 4 (§24.2-400 et seq.). For purposes of applying the precinct size requirements of §24.2-307, calculating election machine requirements pursuant to Article 3 (§24.2-625 et seq.) of Chapter 6, mailing notices of local election district, precinct or polling place changes as required by subdivision 13 of §24.2-114 and §24.2-306, and determining the number of signatures required for candidate and voter petitions, "registered voter" shall include only persons maintained on the Virginia voter registration system with active status. For purposes of determining if a signature on a petition shall be included in the count toward meeting the signature requirements of any petition, "registered voter" shall include only persons maintained on the Virginia voter registration system (i) with active status and (ii) on inactive status who are qualified to vote for the office for which the petition was circulated. "Registration records" means all official records concerning the registration of qualified voters and shall include all records, lists, applications, and files, whether maintained in books, on cards, on automated data bases, or by any other legally permitted record-keeping method. "Residence" or "resident," for all purposes of qualification to register and vote, means and requires both domicile and a place of abode. To establish domicile, a person must live in a particular locality with the intention to remain. A place of abode is the physical place where a person dwells. "Special election" means any election that is held pursuant to law to fill a vacancy in office or to hold a referendum. "State Board" or "Board" means the State Board of Elections. "Virginia voter registration system" or "voter registration system" means the automated central record-keeping system for all voters registered within the Commonwealth that is maintained as provided in Article 2 (§24.2-404 et seq.) of Chapter 4. "Voting system" means the electronic voting and counting machines used at elections. This term includes direct recording electronic machines (DRE) and ballot scanner machines. §24.2-200. When terms to begin. The terms of all officers chosen at a November general
election shall begin on the January 1 succeeding their election unless
otherwise provided in this chapter. §24.2-222. Election and terms of mayor and council for cities and towns.
B. Except as provided in subsection C, no term of a mayor or member of council shall be shortened when switching from the May election date to the November election date. Mayors and members of council who were elected at a May general election and whose terms are to expire as of June 30 shall continue in office until their successors have been elected at the November general election and have been qualified to serve. C. In any city or town that elects its council biennially or quadrennially and that changes to the November general election date in odd-numbered years from the May general election date in even-numbered years, mayors and members of council who were elected at a May general election shall have their term of office shortened by six months but shall continue in office until their successors have been elected at the November general election and have been qualified to serve. D. Except to the extent provided in subsections B and C, no ordinance shall have the effect of modifying the terms of office for the mayor, if any, and council members provided in the charter for the city or town. §24.2-223. Election and term of school board members. In any county, city or town wherein members of the school
board are elected, pursuant to Article 7 (§22.1-57.1 et seq.) of Chapter 5 of
Title 22.1, elections shall be held to coincide with the election of members of
the governing body at the regular general election in November §24.2-226. Election to fill vacancy. A. A vacancy in any elected local office, whether occurring
when for any reason an officer-elect does not take office or occurring after an
officer begins his term, shall be filled as provided by §24.2-228 or for
constitutional officers as provided in §24.2-228.1, or unless provided
otherwise by statute or charter requiring special elections within the time
limits provided in this title. The governing body or, in the case of an elected
school board, the school board of the county, city, or town in which the
vacancy occurs shall, within 15 days of the occurrence of the vacancy, petition
the circuit court to issue a writ of election to fill the vacancy as set forth
in Article 5 (§24.2-681 et seq.) of Chapter 6. Either upon receipt of the
petition or on its own motion, the court shall issue the writ ordering the
election promptly and shall order the special election to be held on the date
of the next general election in November B. Notwithstanding any provision of law or charter to the contrary, no election to fill a vacancy shall be ordered or held if the general election at which it is to be called is scheduled within 60 days of the end of the term of the office to be filled. C. Notwithstanding any provision of law or charter to the contrary, when an interim appointment to a vacancy in any governing body or elected school board has been made by the remaining members thereof, no election to fill the vacancy shall be ordered or held if the general election at which it is to be called is scheduled in the year in which the term expires. §24.2-311. Effective date of decennial redistricting measures; elections following decennial redistricting. A. 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. Members of Congress and the General Assembly in office on the effective date of the decennial redistricting legislation shall complete their terms of office. The elections for their successors shall be held at the November 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 legislation to accomplish the decennial redistricting. 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 §§24.2-506, 24.2-521, 24.2-543, and 24.2-545 and (ii) any reference on a petition to the usual primary date of the second Tuesday in June shall not be cause to invalidate the petition even though the date of the primary may be altered by law. B. Ordinances adopted by local governing bodies to accomplish the decennial redistricting of districts for county, city, and town governing bodies required by Article VII, Section 5 of the Constitution of Virginia shall take effect immediately. Members of county, city, and town governing bodies in office on the effective date of a decennial redistricting measure shall complete their terms of office. 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. C. If a vacancy in any such office occurs after the effective date of a decennial redistricting measure and a special election is required by law to fill the vacancy, the vacancy shall be filled from the district in the decennial redistricting measure which most closely approximates the district in which the vacancy occurred. D. 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 E. 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. §24.2-312. Effective date of other redistricting measures; elections following annexation. A. Any redistricting, other than the decennial redistricting, of any county, city, or town shall be effective at midnight December 31 of the year in which the redistricting occurs. B. Members of county, city, and town governing bodies in office when any such redistricting measure is adopted shall complete their terms of office. 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 redistricting. C. When a county has been redistricted as a result of annexation and the redistricting occurs in the year of a regularly scheduled November general election for members of the county's board of supervisors, the November general election shall be conducted from the newly established districts so long as the redistricting measure has been adopted prior to March 15 of the year of the election. D. When a city or town has been redistricted as a result of
annexation and the redistricting occurs prior to a regularly scheduled §24.2-503. Deadlines for filing required statements; extensions. The written statements of qualification and economic interests
shall be filed by (i) primary candidates not later than the filing deadline for
the primary, (ii) A statement shall be deemed to be timely filed if it is mailed postage prepaid to the appropriate office by registered or certified mail and if the official receipt therefor, which shall be exhibited on demand, shows mailing within the prescribed time limits. The State Board may grant an extension of any deadline for
filing either or both written statements and shall notify all candidates who
have not filed their statements of the extension. Any extension shall be
granted for a fixed period of time of §24.2-507. Deadlines for filing declarations and petitions of candidacy. For any office, declarations of candidacy and the petitions therefor shall be filed according to the following schedule: 1. For a general election in November, by 7:00 p.m. on the second Tuesday in June; 2.
§24.2-510. Deadlines for parties to nominate by methods other than primary. For any office, nominations by political parties by methods other than a primary shall be made and completed in the manner prescribed by law according to the following schedule: 1. For a general election in November, by 7:00 p.m. on the second Tuesday in June; 2.
In the case of all general elections a party shall nominate its candidate for any office by a nonprimary method only within the 47 days immediately preceding the primary date established for nominating candidates for the office in question. This limitation shall have no effect, however, on nominations for special elections or pursuant to §24.2-539. §24.2-701. Application for absentee ballot. A. The State Board shall furnish each general registrar with a sufficient number of applications for official absentee ballots. The registrars shall furnish applications to persons requesting them. The State Board shall implement a system that enables eligible persons to request and receive an absentee ballot application electronically through the Internet. Electronic absentee ballot applications shall be in a form approved by the State Board. Except as provided in §24.2-703, a separate application shall be completed for each election in which the applicant offers to vote. An application for an absentee ballot may be accepted the later of (i) 12 months before an election or (ii) the day following any election held in the twelfth month prior to the election in which the applicant is applying to vote. An application that is completed in person at the same time that the applicant registers to vote shall be held and processed no sooner than the fifth day after the date that the applicant registered to vote; however, this requirement shall not be applicable to any person who is qualified to vote absentee under subdivision 2 of §24.2-700. Any application received before the ballots are printed shall be held and processed as soon as the printed ballots for the election are available. For the purposes of this chapter, the general registrar's
office shall be open a minimum of eight hours between the hours of 8:00 a.m.
and 5:00 p.m. on the first and second Saturday immediately preceding all
general elections Unless the applicant is disabled, all applications for absentee ballots shall be signed by the applicant who shall state, subject to felony penalties for making false statements pursuant to §24.2-1016, that to the best of his knowledge and belief the facts contained in the application are true and correct and that he has not and will not vote in the election at any other place in Virginia or in any other state. If the applicant is unable to sign the application, a person assisting the applicant will note this fact on the applicant signature line and provide his signature, name, and address. B. Applications for absentee ballots shall be completed in the following manner: 1. An application completed in person shall be made not less than three days prior to the election in which the applicant offers to vote and completed only in the office of the general registrar. The applicant shall sign the application in the presence of a registrar. The applicant shall provide one of the forms of identification specified in subsection B of §24.2-643. Any applicant who does not show one of the forms of identification specified in subsection B of §24.2-643 shall be offered a provisional ballot under the provisions of §24.2-653. The State Board of Elections shall provide instructions to the general registrar for the handling and counting of such provisional ballots pursuant to subsection B of §24.2-653 and this section. 2. Any other application may be made by mail, electronic or telephonic transmission to a facsimile device if one is available to the office of the general registrar or the office of the State Board if a device is not available locally, or other means. The application shall be on a form furnished by the registrar or, if made under subdivision 2 of §24.2-700, may be on a federal postcard application prescribed pursuant to 52 U.S.C. §20301(b)(2). The federal postcard application may be accepted the later of (i) 12 months before an election or (ii) the day following any election held in the twelfth month prior to the election in which the applicant is applying to vote. The application shall be made to the appropriate registrar no later than 5:00 p.m. on the seventh day prior to the election in which the applicant offers to vote. C. Applications for absentee ballots shall contain the following information: 1. The applicant's printed name, the last four digits of the applicant's social security number, and the reason the applicant will be absent or cannot vote at his polling place on the day of the election; 2. A statement that he is registered in the county or city in which he offers to vote and his residence address in such county or city. Any person temporarily residing outside the United States shall provide the last date of residency at his Virginia residence address, if that residence is no longer available to him. Any person who makes application under subdivision 2 of §24.2-700 who is not a registered voter may file the applications to register and for a ballot simultaneously; 3. The complete address to which the ballot is to be sent directly to the applicant, unless the application is made in person at a time when the printed ballots for the election are available and the applicant chooses to vote in person at the time of completing his application. The address given shall be (i) the address of the applicant on file in the registration records; (ii) the address at which he will be located while absent from his county or city; or (iii) the address at which he will be located while temporarily confined due to a disability or illness. No ballot shall be sent to, or in care of, any other person; and 4. In the case of a person, or the spouse or dependent of a person, who is on active duty as a member of the uniformed services as defined in §24.2-452, the branch of service to which he or the spouse belongs; or 5. In the case of a student, or the spouse of a student, who is attending a school or institution of learning, the name of the school or institution of learning; or 6. In the case of any duly registered person with a disability, as defined in §24.2-101, who is unable to go in person to the polls on the day of the election because of his disability, illness, or pregnancy, that he is a person with a disability, illness, or pregnancy; or 7. In the case of a person who is confined awaiting trial or for having been convicted of a misdemeanor, the name of the institution of confinement; or 8. In the case of a person who will be absent on election day for business reasons, the name of his employer or business; or 9. In the case of a person who will be absent on election day for personal business or vacation reasons, the name of the county or city in Virginia or the state or country to which he is traveling; or 10. In the case of a person who is unable to go to the polls on the day of election because he is primarily and personally responsible for the care of an ill or disabled family member who is confined at home, his relationship to the family member; or 11. In the case of a person who is unable to go to the polls on the day of election because of an obligation occasioned by his religion, that he has an obligation occasioned by his religion; or 12. In the case of a person who, in the regular and orderly course of his business, profession, or occupation, will be at his place of work and commuting to and from his home to his place of work for 11 or more hours of the 13 hours that the polls are open pursuant to §24.2-603, the name of his business or employer and hours he will be at the workplace and commuting on election day; or 13. In the case of a law-enforcement officer, as defined in § 18.2-51.1; firefighter, as defined in §65.2-102; volunteer firefighter, as defined in §27-42; search and rescue personnel, as defined in §18.2-51.1; or emergency medical services personnel, as defined in §32.1-111.1, that he is a first responder; or 14. In the case of a person who has been designated by a political party, independent candidate, or candidate in a primary election to be a representative of the party or candidate inside a polling place on the day of the election pursuant to subsection C of §24.2-604 and §24.2-639, the fact that he is so designated. §24.2-947.8. Filing requirements for special elections. A. Candidates for nomination or election to an office to be filled by a special election held on a regular election date shall file the prescribed reports of contributions and expenditures which apply to regularly scheduled elections for that office. B. In the case of a special election held on a date other than a regularly scheduled general election, the candidate shall file as follows: 1. A report not later than the eighth day before the special election date complete through the twelfth day before that date; 2. A postelection report no later than the thirtieth day after the election and prior to taking office; and 3. A postelection report not later than January 15 and July 15 each year until a final report is filed. C. Any candidate, who has been subject to the election year
filing schedule set out in subdivisions B 1 through B 3 and who has not filed a
final report, shall file reports in any subsequent election year for the same
office in accordance with the election year filing schedule set out in §
24.2-947.6 D. Any candidate shall also file any report of certain large contributions required by §24.2-947.9, if applicable. §24.2-948.2. Reports as condition to qualification for office. A. No person shall be permitted to qualify for any office,
enter upon the duties thereof, or receive any salary or emoluments therefrom
until he has filed the campaign finance reports required in subdivisions A 3
through A 9 of §24.2-947.6 B. Notwithstanding the requirements of subsection A, a person
who is elected to fill a vacancy at a special election held on a general
election day may qualify for the office and be issued a certificate of election
in advance of filing the postelection report required to be filed under
subdivision A 9 of §24.2-947.6 in the case of a November election §24.2-951.7. Large dollar contribution reporting requirement for referendum committees. In addition to the reports required by §§24.2-951.4 1. The report shall be filed on a "large dollar contribution report" form prescribed by the State Board and shall be filed in writing or electronically in the same manner as the person or committee files its quarterly disclosure reports. 2. Any contribution or loan reported pursuant to this section shall also be reported on the next subsequent report required under this article following receipt of the contribution or loan. 3. For the purposes of this section, referendum committees shall report as one contribution multiple contributions from a single source that have been subdivided into smaller amounts or given through different bank accounts for the purpose of evading the $10,000 threshold. 4. A referendum committee that receives contributions from affiliated organizations shall not be deemed to be receiving contributions from a single source. 2. That §§24.2-222.1, 24.2-947.7, and 24.2-951.5 of the Code of Virginia are repealed. |
