Bill Text: VA HB2034 | 2019 | Regular Session | Enrolled
Bill Title: Local electoral boards and general registrars; removal from office by circuit court, etc.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Vetoed) 2019-04-03 - House sustained Governor's veto [HB2034 Detail]
Download: Virginia-2019-HB2034-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §§24.2-103, 24.2-109, 24.2-234, and 24.2-235 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 24.2-234.1 as follows:
§24.2-103. Powers and duties in general.
A. The State Board, through the Department of Elections, shall supervise and coordinate the work of the county and city electoral boards and of the registrars to obtain uniformity in their practices and proceedings and legality and purity in all elections. It shall make rules and regulations and issue instructions and provide information consistent with the election laws to the electoral boards and registrars to promote the proper administration of election laws. Electoral boards and registrars shall provide information requested by the State Board and shall follow (i) the elections laws and (ii) the rules and regulations of the State Board insofar as they do not conflict with Virginia or federal law. The State Board shall post on the Internet within three business days any rules or regulations made by the State Board. Upon request and at a reasonable charge not to exceed the actual cost incurred, the State Board shall provide to any requesting political party or candidate, within three days of the receipt of the request, copies of any instructions or information provided by the State Board to the local electoral boards and registrars.
B. The State Board, through the Department of Elections, shall ensure that the members of the electoral boards and general registrars are properly trained to carry out their duties by offering training annually, or more often, as it deems appropriate, and without charging any fees to the electoral boards and general registrars for the training. The State Board shall set the training standards for the officers of election and shall develop standardized training programs for the officers of election to be conducted by the local electoral boards and the general registrars. Training of the officers of election shall be conducted and certified as provided by §24.2-115.2. The State Board shall provide standardized training materials for such training and shall also offer on the Department of Elections website a training course for officers of election. The content of the online training course shall be consistent with the standardized training programs developed pursuant to this section. The State Board shall review the standardized training materials and the content of the online training course every two years in the year immediately following a general election for federal office.
C. The State Board may institute proceedings pursuant to §
24.2-234 24.2-234.1 for the removal of any member of an electoral
board who fails to discharge the duties of his office in accordance with law. The
State Board may petition the local electoral board to remove from office any
general registrar who fails to discharge the duties of his office according to
law. The State Board may institute proceedings pursuant to § 24.2-234
24.2-234.1 for the removal of a general registrar if the local electoral
board refuses to remove the general registrar and the State Board finds that
the failure to remove the general registrar has a material adverse effect upon
the conduct of either the registrar's office or any election. Any action taken
by the State Board pursuant to this subsection shall require a recorded
majority vote of the Board.
D. The State Board may petition a circuit court or the Supreme Court, whichever is appropriate, for a writ of mandamus or prohibition, or other available legal relief, for the purpose of ensuring that elections are conducted as provided by law.
E. The Department of Elections shall supervise its own staff to assure that no member of its staff shall serve (i) as the chairman of a political party or other officer of a state-, local-, or district-level political party committee or (ii) as a paid or volunteer worker in the campaign of a candidate for nomination or election to an office filled by election in whole or in part by the qualified voters of the Commonwealth.
F. The State Board shall adopt a seal for its use and bylaws for its own proceedings.
G. A telephone call between two members of the Board preparing for a meeting shall not constitute a meeting under the provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.), provided that no discussion or deliberation takes place that would otherwise constitute a meeting.
§24.2-109. Appointment and removal of general registrar and officers of election; powers and duties in general.
A. Each electoral board shall appoint the general registrar for its city or county and officers of election for each precinct who shall serve in all elections, including town elections, as provided in this chapter. The secretary of the electoral board shall promptly notify each appointee of his appointment.
The electoral board by a recorded majority vote may (i)
institute proceedings pursuant to §24.2-234.1 for the removal of any general
registrar who fails to discharge the duties of his office according to law or
(ii) remove from office, on notice, any general registrar or officer
of election who fails to discharge the duties of his office according to law.
B. The electoral board shall perform the duties assigned by this title including, but not limited to, the preparation of ballots, the administration of absentee ballot provisions, the conduct of the election, and the ascertaining of the results of the election.
§24.2-234. Removal of officer appointed for a term certain.
Any officer appointed to an office for a term established by law may be removed from office, under the provisions of §24.2-233, upon a petition filed with the circuit court in whose jurisdiction the officer resides signed by the person or a majority of the members of the authority who appointed him, if the appointing person or authority is not given the unqualified power of removal.
The circuit court also shall proceed pursuant to §24.2-235
for the removal of a member of a local electoral board or general registrar
upon a petition signed by a majority of the members of the State Board of
Elections as provided in §24.2-103.
§24.2-234.1. Removal of members of local electoral boards and general registrars.
A. Any member of a local electoral board may be removed from office by the circuit court in whose jurisdiction he resides upon a petition signed by a majority of the members of the State Board as provided in §24.2-103. The circuit court shall proceed with such removal in accordance with the provisions of §24.2-235.
B. Any general registrar may be removed from office by the circuit court in whose jurisdiction he serves upon a petition signed by a majority of the members of the State Board as provided in §24.2-103 or a majority of the members of his local electoral board as provided in §24.2-109. The circuit court shall proceed with such removal in accordance with the provisions of §24.2-235.
C. Any member of a local electoral board or general registrar against whom a petition for removal has been filed may apply to the Virginia Division of Risk Management to assign counsel to his defense and any subsequent appeal. The Division shall assign counsel in accordance with the provisions of §24.2-121.
§24.2-235. Procedure.
A petition for the removal of an officer shall state with reasonable accuracy and detail the grounds or reasons for removal and shall be signed by the person or persons making it under penalties of perjury. The circuit court shall not dismiss the petition solely because of an error or omission in the form of the petition relating to its statement of the grounds or reasons for removal if such error or omission is not material in determining whether the statement of the grounds or reasons for removal provides a reasonable basis under §24.2-103, 24.2-109, or 24.2-233 to consider the removal of the officer.
As soon as the petition is filed with the court, the court shall issue a rule requiring the officer to show cause why he should not be removed from office, the rule alleging in general terms the cause or causes for such removal. The rule shall be returnable in not less than five nor more than ten days and shall be served upon the officer with a copy of the petition. Upon return of the rule duly executed, unless good cause is shown for a continuance or postponement to a later day in the term, the case shall be tried on the day named in the rule and take precedence over all other cases on the docket. If upon trial it is determined that the officer is subject to removal under the provisions of §24.2-103, 24.2-109, or 24.2-233, he shall be removed from office.
