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Legislative Update: 12 February 2023

Tuesday was a newsworthy day in the Virginia General Assembly. Not only was it Crossover, but Tuesday evening the Senate voted on Governor Youngkin’s nominees to various positions in state government. Three nominations were blocked, including Virginia’s Health Commissioner Collin Greene, parole board member Steven Buck, and education board member Suparna Dutta. There was also some controversy on the Floor over the nomination of Susan Beals, Virginia’s Commissioner of Elections, but the vote to confirm her nomination was successful. Click HERE to access the video of the Floor votes and debates regarding these nominees of the Governor (the nominee section of the video is from about 07:42:00 through 9:35:00).

2023 Session Overview Numbers
(Total # of bills and resolutions)

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week.  

K-12 EDUCATION

HB 1821: Education Improvement Scholarship Tax Credit Expansion
This bill expands the Education Improvement Scholarship Tax Credit (EISTC) program, which provides education grants to children from low income families.

  • Bill status: Previously, this bill passed in several germane House committees. Last week, this bill passed on the House Floor and was referred to the Senate Committee on Finance and Appropriations. It is anticipated to be on a committee agenda in the near future.
  • Bill text, history, and information: Click HERE
  • Video about the EISTC program

REGULATORY REFORM

HB 2347: Regulatory Budget
This bill establishes the Regulatory Budget Program to help Virginia’s state agencies reduce the amount of regulations that come from their department in a two-year period. If passed, the bill would have an expiration date of  January 2027.

  • Bill status: Previously, this bill passed on the House Floor and was referred to the Senate Committee on General Laws and Technology. It was killed last week in committee through the motion to pass by the bill indefinitely with a letter requesting a study of the problem.
  • Bill text, history, and information: Click HERE

HB 1784: Digital Tokens & Decentralized Autonomous Organizations
This bill formalizes the use of Decentralized Autonomous Organizations to create an exception from security regulations regarding digital tokens. It will remove barriers for small tech companies to start businesses in Virginia, utilizing block-chain and algorithmic technology to increase business efficiency.

  • Bill status: Previously, this bill passed the House Commerce and Energy Committee. Last week, this bill passed on the House Floor and was referred to the Senate Committee on Commerce and Labor. It is anticipated to be on a committee agenda in the near future.
  • To see bill text and info: Click HERE

ELECTIONS

HB 1680: Same Day Voter Registration
This legislation would require individuals who register to vote on Election Day or soon before Election Day to sign a statement affirming they will only cast one ballot.

  • Bill status: Previously, this bill passed the House Privileges and Elections Committee. Last week, this bill passed the House Floor and was referred to the Senate Privileges and Elections Committee. It is on the agenda to receive a committee vote on Tuesday afternoon, 2/14.
  • Bill text, history, and information: Click HERE

HB 2454: Voter Roll Maintenance – Voter Address Information Updates
If passed, this legislation would require that local registrars receive information monthly about voters who have moved to a new address or who need their voter registration changed or removed. This would be a positive change to enable a more accurate voter roll on a consistent basis.

  • Bill status: Previously, this bill passed the House Privileges and Elections Committee. Last week, this bill passed the House Floor and was referred to the Senate Privileges and Elections Committee. It is on the agenda to receive a committee vote on Tuesday afternoon, 2/14.
  • Bill text, history, and information: Click HERE

HB 1793: DMV Voter Information Transfer
This bill would help maintain accurate voter information that is collected from voter visits to the DMV. It proposes to require permission from the DMV customer before any relevant voter information is transferred from the DMV to the Department of Elections.

  • Bill status: Previously, this bill passed the House Privileges and Elections Committee. Last week, this bill passed the House Floor and was referred to the Senate Privileges and Elections Committee. It is on the agenda to receive a committee vote on Tuesday afternoon, 2/14.
  • Bill text, history, and information: Click HERE

DONOR PRIVACY

SB 854: Nonprofit Donor Names Disclosure
This bill would require nonprofit donors’ names to be displayed on public ads when they support a referendum and in certain cases if the nonprofit has a score card for legislators. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to be targeted and doxed.

  • Bill status: Previously, this bill passed on the Senate Floor and was referred to the House Privileges and Elections Committee. It is anticipated to be on a committee agenda in the near future.
  • Bill text, history, and information: Click HERE
Legislative Update: 5 February 2023

Friday was the last day for a bill to be brought forward for a committee vote with sufficient time remaining for the bill to receive a vote on the House Floor before the Crossover deadline of Tuesday, February 7th. Signifying this last dash, the House Floor is convening today, on Sunday, to have bills read for the first time that were passed in committees on Friday so that those bills can be read for the third time on Tuesday and meet the deadline.

2023 Session Overview Numbers
(Total # of bills and resolutions)

K-12 EDUCATION

HB 1909: Opportunity Classrooms 
If passed, this bill would establish the Opportunity Classroom program for schools. It would allow a teacher or a parent (with the support of a teacher) to establish an agreement with the school board to teach an alternative curriculum in a classroom designated for that purpose in a school.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it passed on the House Floor. It is anticipated to be assigned a committee in the Senate this week.
  • Bill text, history, and information: Click HERE

HB 1508: Education Success Accounts
If passed, this bill would establish Education Success Accounts (ESA) for Virginia students leaving the public school system. It would put parents in the driver’s seat by giving them access to a portion of public education dollars allotted to their student to be utilized for costs like private school tuition or homeschool curriculum. ESAs allow dollars to follow each student, instead of funding systems.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it was passed in a House Appropriations subcommittee and was sent to the House Appropriations Committee, where they referred it back to the House Education Committee.
  • Bill text, history, and information: Click HERE

HB 1821: Education Improvement Scholarship Tax Credit Expansion
This bill expands the Education Improvement Scholarship Tax Credit (EISTC) program, which provides education grants to children from low income families.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it passed in a House Finance subcommittee, the House Finance Committee and the House Appropriations Committee. It is on the House First Reading Calendar today and is anticipated to receive a House Floor vote this week.
  • Bill text, history, and information: Click HERE
  • Video about the EISTC program

HB 1507: Parental Rights and School Transparency
This bill reiterates and protects parental rights and provides parents with more education transparency in schools.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it passed on the House Floor and was referred to the Senate Committee on Education and Health.
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 1758: Universal Regulatory Sandbox 
If passed, this legislation would create the Virginia Regulatory Sandbox Program. This program would facilitate a stronger free market and accelerated innovation by establishing an application process by which individuals may be granted a waiver from one or more state laws or regulations to make a desired product, use a desired production method, or provide a service.

  • Bill status: Previously, this bill passed in a House General Laws subcommittee and the House General Laws Committee. Last week, this bill was passed by indefinitely (killed) in a House Appropriations subcommittee.
  • Bill text, history, and information: Click HERE

HB 2347: Regulatory Budget
This bill establishes the Regulatory Budget Program to help Virginia’s state agencies reduce the amount of regulations that come from their department in a two-year period. If passed, the bill would have an expiration date of  January 2027.

  • Bill status: Previously, this bill passed in the House General Laws Committee. Last week, this bill passed on the House Floor and was referred to the Senate Committee on General Laws and Technology. It is anticipated to be on a committee agenda in the near future.
  • Bill text, history, and information: Click HERE

HB 1784: Digital Tokens & Decentralized Autonomous Organizations
This bill formalizes the use of Decentralized Autonomous Organizations to create an exception from security regulations regarding digital tokens. It will remove barriers for small tech companies to start businesses in Virginia, utilizing block-chain and algorithmic technology to increase business efficiency.

  • Bill status: Previously, this bill passed a House Commerce and Energy subcommittee. Last week, this bill passed the House Commerce and Energy Committee. It is anticipated that this week the bill will receive a vote on the House Floor.
  • To see bill text and info: Click HERE

ELECTIONS

SB 1180: Private Interests Funding Elections
This legislation seeks to repeal critical aspects of the prohibition on private funding in elections that the General Assembly passed on a bipartisan basis last year. It would allow local registrars to solicit grants from non-governmental entities to fund election administration and train election officials.

  • Bill status: Previously, this bill passed the Senate Privileges and Elections Committee. Last week, it passed on the Senate Floor. It is anticipated to be referred to a House Committee this week.
  • Bill text, history, and information: Click HERE

SB 1380: Ranked Choice Voting Expansion
If passed, this bill would expand Ranked Choice Voting (RCV) in Virginia. Currently, this method of elections is only allowed for City Council and Board of Supervisors elections.

Ranked choice voting disconnects elections from issues and allows candidates with marginal support to win. It comes in multiple formats, some of which are a nightmare to count accurately, severely inhibiting transparency. It also disenfranchises voters, because ballots that do not include the two ultimate finalists are cast aside.

  • Bill status: Last week, this bill was passed by indefinitely (killed) in the Senate Privileges and Elections Committee.
  • SB 1380 text, history, and information: Click HERE

SB 884: Election Reforms
This bill establishes many measures to increase the security of elections, including repealing same day voter registration, requiring an excuse for absentee voting, better voter ID requirements, making ballot harvesting illegal, and more.

  • Bill status: Last week, this bill was passed by indefinitely (killed) in the Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 2242: Restricted FOIAs
This bill will prohibit Freedom of Information Act requests to local electoral boards and registrars in a specific timeframe before and after an election. This bill forces Virginia registrars to ban and suppress voters’ rights to public election information for over a third of the year, and in some cases over half of the year, making Virginia the least transparent state in the U.S. for voters seeking information about elections.

  • Bill status: Last week, this bill was stricken from the docket (killed) in a House General Laws subcommittee.
  • Bill text, history, and information: Click HERE

HB 1847: Locality Election Audits
This bill would improve current election auditing options and processes, by allowing an additional method of risk limiting audit called the Batch Comparison Method. This allows a few precincts in a locality to be hand counted to compare to the numbers that were produced on the voting machines.

  • Bill status: Last week, this bill was passed by for the day in a House Privileges and Elections Committee and did not receive a vote in the House Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 1680: Same Day Voter Registration
This legislation would require individuals who register to vote on Election Day or soon before Election Day to sign a statement affirming they will only cast one ballot.

  • Bill status: Last week, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. It is anticipated to receive a House Floor vote this week.
  • Bill text, history, and information: Click HERE

HB 2454: Voter Roll Maintenance – Voter Address Information Updates
If passed, this legislation would require that local registrars receive information monthly about voters who have moved to a new address or who need their voter registration changed or removed. This would be a positive change to enable a more accurate voter roll on a consistent basis.

  • Bill status: Last week, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. It is anticipated to receive a House Floor vote this week.
  • Bill text, history, and information: Click HERE

HB 2234: Repeal of Same Day Voter Registration
If passed, this bill would eliminate the practice of registering to vote on Election Day and casting a ballot the same day, with a few exceptions (including uniformed service members).

  • Bill status: Previously, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. Last week, it passed on the House Floor. It is anticipated that this bill will be referred to a Senate Committee this week.
  • Bill text, history, and information: Click HERE

HB 1947: Repeal Permanent Absentee Ballot List 
This bill would replace the permanent absentee ballot list with an annual absentee ballot list. An application would need to be completed annually to receive mailed ballots.

  • Bill status: Previously, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. Last week, it passed on the House Floor. It is anticipated that this bill will be referred to a Senate Committee this week.
  • Bill text, history, and information: Click HERE

HB 1948: Absentee Ballot Verification Method
This bill would replace the current witness signature requirement on a completed absentee ballot with the last four digits of the voter’s Social Security Number (SSN). Although more work needs to be done to ensure that SSNs are verified to belong to the voter, this method would be an improvement to the currently unverified witness signatures on absentee ballots. It also makes it easier for proper completion of an absentee ballot for individuals who live alone.

  • Bill status: Previously, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. Last week, it passed on the House Floor. It is anticipated that this bill will be referred to a Senate Committee this week.
  • Bill text, history, and information: Click HERE

HB 1793: DMV Voter Information Transfer
This bill would help maintain accurate voter information that is collected from voter visits to the DMV. It proposes to require permission from the DMV customer before any relevant voter information is transferred from the DMV to the Department of Elections.

  • Bill status: Last week, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. It is anticipated to receive a House Floor vote this week.
  • Bill text, history, and information: Click HERE

DONOR PRIVACY

SB 854 & HB 1551: Nonprofit Donor Names Disclosure
This bill would require nonprofit donors’ names to be displayed on public ads when they support a referendum and in certain cases if the nonprofit has a score card for legislators. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to be targeted and doxed.

  • SB 854 status: Previously passed on the Senate floor.
  • Bill text, history, and information: Click HERE
  • HB 1551 status: Last week this bill was tabled (killed) in a House Elections subcommittee.
  • Bill text, history, and information: Click HERE
Legislative Update: 29 January 2023

WEEK IN REVIEW 

The conclusion of this week marks the end of the second full week of the 2023 Virginia General Assembly legislative session. With just over a week left until the Crossover date of February 7th, when bills that have passed in one chamber will be sent to the opposite chamber for consideration, committees are a-buzz with debate and lengthy agendas. Please see below for this week’s highlights, bill summaries and updates.

2023 Session Overview Numbers
(Total # of bills and resolutions)

EDUCATION

HB 1909: Opportunity Classrooms 
If passed, this bill would establish the Opportunity Classroom program for schools. It would allow a teacher or a parent (with the support of a teacher) to establish an agreement with the school board to teach an alternative curriculum in a classroom designated for that purpose in a school.

  • Bill status: Passed in a House Education subcommittee and the House Education Committee last week. Is anticipated to receive a House floor vote this week.
  • Bill text, history, and information: Click HERE

HB 1508: Education Success Accounts
If passed, this bill would establish Education Success Accounts (ESA) for Virginia students leaving the public school system. It would put parents in the driver’s seat by giving them access to a portion of public education dollars allotted to their student to utilize for costs like private school tuition or homeschool curriculum. ESAs allow dollars to follow each student, instead of funding systems.

  • Bill status: Passed in the House Education Committee last week, anticipated to receive a vote in a House Appropriations subcommittee and possibly full Appropriations Committee this week.
  • Bill text, history, and information: Click HERE

HB 1821: Education Improvement Scholarship Tax Credit Expansion
This bill expands the Education Improvement Scholarship Tax Credit (EISTC) program, which provides education grants to children from low income families.

  • Bill status: Passed in the House Education Committee last week, anticipated to receive a vote in a House Finance subcommittee this week and possibly full House Finance Committee.
  • Bill text, history, and information: Click HERE
  • Video about the EISTC program

HB 1507: Parental Rights and School Transparency
This bill reiterates and protects parental rights and provides parents with more education transparency in schools.

  • Bill status: Passed in a House Education subcommittee and the House Education Committee, has been read on the House floor once, and is anticipated to receive a House floor vote this week.
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 1758: Universal Regulatory Sandbox 
If passed, this legislation would create the Virginia Regulatory Sandbox Program. This program would facilitate a stronger free market and accelerated innovation by establishing an application process by which individuals may be granted a waiver from one or more state laws or regulations to make a desired product, use a desired production method, or provide a service.

  • Bill status: Passed in the House General Laws Committee last week, anticipated to receive a vote in a House Appropriations subcommittee and possibly full House Appropriations Committee this week.
  • Bill text, history, and information: Click HERE

HB 2347: Regulatory Budget
This bill establishes the Regulatory Budget Program to help Virginia’s state agencies reduce the amount of regulations that come from their department in a two-year period. If passed, the bill would have an expiration date of  January 2027.

  • Bill status: Passed in the House General Laws Committee and was read twice on the House floor last week. It is anticipated to be read the third time and receive a vote on the House floor this week.
  • Bill text, history, and information: Click HERE

FIREARMS

SB 1236: Second Amendment Protection
This bill would have repealed the authority for localities to have an ordinance banning firearms in parks, recreation and community centers, and at events that are permitted, or should have been permitted.

  • Bill status: This bill died last week in the Senate Judiciary Committee.
  • Bill text, history, and information: Click HERE

ELECTIONS

SB 1180: Private Interests Funding Elections
This legislation seeks to repeal critical aspects of the prohibition on private funding in elections that the General Assembly passed on a bipartisan basis last year. It would allow local registrars to solicit grants from non-governmental entities to fund election administration and train election officials.

  • Bill status: Last week this bill passed the Senate Privileges and Elections Committee, it is anticipated to receive a Senate floor vote this week.
  • Bill text, history, and information: Click HERE

HB 1877: Reduced Early In-Person Voting
This bill would reduce the in-person absentee voting timeframe from 45 days to 14 days.

  • Bill status: Last week this bill passed on the House floor. Next, this bill will receive a vote in the Senate Privileges and Elections Committee, but possibly not until Crossover or after, in 1-2 weeks.
  • Bill text, history, and information: Click HERE

HB 1693: Ballot Drop Box Ban
This bill would prohibit the use of Drop Box locations to return a mailed ballot.

  • Bill status: Last week this bill passed on the House floor. Next, this bill will receive a vote in the Senate Privileges and Elections Committee, but possibly not until Crossover or after, in 1-2 weeks
  • Bill text, history, and information: Click HERE

HB 1751, HB 2436, HB 2118 & SB 1380: Ranked Choice Voting Expansion
If passed, each of these bills would expand Ranked Choice Voting (RCV) in Virginia. Currently, this method of elections is only allowed for City Council and Board of Supervisors elections.

Ranked choice voting disconnects elections from issues and allows candidates with marginal support to win. It comes in multiple formats, some of which are a nightmare to count accurately, severely inhibiting transparency. It also disenfranchises voters, because ballots that do not include the two ultimate finalists are cast aside.

Status: Last week, all three RCV House bills died in the House Privileges and Elections Subcommittee #2. SB 1380 is anticipated to be voted on in the Senate Privileges and Elections Committee this week.

DONOR PRIVACY

SB 854: Nonprofit Donor Names Disclosure
This bill would require nonprofit donors’ names to be displayed on public ads when they support a referendum and in certain cases if the nonprofit has a score card for legislators. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to be targeted and doxed.

  • Bill status: Passed the Senate floor last week, and is anticipated to be heard in a House Privileges and Elections subcommittee next, but possibly not until Crossover or after, in 1-2 weeks.
  • Bill text, history, and information: Click HERE
Introducing Regulatory Sandboxes

This year, the Virginia Institute has successfully introduced an innovative policy called Regulatory Sandboxes to the public policy and legislative community in Virginia. A Regulatory Sandbox creates a space and time for innovators to offer new goods and services to consumers without the initial burden of some regulations. Sandboxes provide opportunities for new and old businesses to test fresh ideas in the market while simultaneously providing a constant stream of pilot programs and data for regulators to determine what regulations work with the least possible burden on the community.

We are ever thankful!

In 1867 when George Henry Broughton painted his iconic “Pilgrims Going to Church,” he captured the essence that is the blessings of our unique Thanksgiving traditions and freedoms.

His work pictures the Pilgrims in family groups, heading to church, to thank God for religious liberty, their freedom to pursue economic security, and the care of their property and persons as mothers guide their children while men vigilantly watch over their safety.

Himself an immigrant to our country, Mr. Broughton used his masterpiece to express the importance of family and American values that make our nation great.

These are the same values and freedoms our team at the Virginia Institute for Public Policy fight for every day – for your individual and economic liberty, freedom to prosper and retain your bounty as a hard working business owner or employee, and the rights of parents to guide and protect their children.

We are ever thankful to you, our Virginia Institute partners, on this 401st anniversary of the first Thanksgiving — and every day of the year for the many ways you demonstrate your support.

Please accept our heartfelt Thanksgiving blessings for you and your family from our team at the Virginia Institute for Public Policy.

Epoch Times: Grassroots Election Integrity Movement Sweeps Battleground States

This article was originally published in The Epoch Times.

At ten past five in the morning on Election Day in 2021, retired construction company owner Warren Jenkins slid into his business-casual attire in a panic, knowing he had to get to the polling station in 20 minutes. He was the only Republican poll watcher at an important precinct.

Jenkin’s wife, prescient, pre-made lunch for her husband, who then arrived at the polls to begin his 15-hour shift—from 5:30 a.m. to about 9 p.m.—just in time.

As a volunteer poll watcher in Virginia, Jenkins would… [Click HERE to read more.]

Save Virginia’s Education Improvement Scholarship Tax Credit

A new state budget was recently approved by the Virginia Legislature, including an education related amendment that has been made by the conference committee legislators. If enacted, this budget will cut funding for the Virginia Education Improvement Scholarship Tax Credit (EISTC). This funding is critical for providing thousands of children in Virginia better educational opportunities.

The Virginia EISTC program allows individuals and businesses the opportunity to donate to private state-qualified scholarship foundations and in turn receive up to a 65% tax credit. However, only $25 million of tax credits are available. This upcoming budget will cut the funding in half — down to $12 million. In the 2020-21 school year, 4,592 students utilized funds from participating scholarship foundations. The new budget amendment would strip away the ability to give more students life changing education opportunities at a time when kids need it the most. With less funding for the tax incentive, students in Virginia will have less access to these scholarships and subsequently less access to the schools of their choice.

Governor Youngkin can save this program by requesting an amendment to the budget before he signs it. Contact the Governor’s office right now and tell him you want him to restore funding for the EISTC. Virginia’s children deserve a high quality education. We believe opportunity and freedom of choice are essential components for improving education.

—

Contact the Governor’s office today!
Call 804-786-2211 or click here.

Virginia Absentee Ballots: Absent From the State?

For election accountability purposes, chain of custody for ballots should be observable and publicly verifiable. So, why are two of the largest counties in Virginia, as well as other localities, planning to expand the chain of custody to include a third-party absentee ballot processing company from Washington state, who was caught red-handed ignoring the security measures built into the law?

Before 2021, absentee ballots were mailed from local registrars’ offices and processed and supervised by the registrar’s staff. In 2021, a bill (SB 1239) was passed that permits localities to hire a third-party company to print, assemble, and mail absentee ballots. Once hired, this vendor receives the name, address, precinct, district and voter ID information for individual voters. In Loudoun County, for example, the list of permanent absentee ballots that would be handed over to the private vendor would number around 15,000. 

Last year, Fairfax County, the most populous county in Virginia, outsourced the printing and mailing of their absentee ballots to a company called K&H located in Washington State. K&H failed to follow Virginia law. They did not sign a legally required (VA Code 24.2-616) oath before they began their work. The law says, “The printer contracting with or employed by the electoral board or general registrar to print the ballots shall sign a statement before the work is commenced…” A public information request found that the vendor failed to comply with Virginia law and did not sign the oaths until months after the election was over. 

Entrusting bulk absentee ballots, the most fraud-prone part of  our elections, to strangers on the other side of the country is a bad idea. Some ballots are going to people who may not have recently asked for them, the chain of custody barely exists, and private voter information is being handled by a third-party company. If all that starts to look like a nightmare in the making, in real life it gets much worse.

Loudoun County recently announced they may also follow Fairfax County and make a similar contract with the same vendor for the upcoming 2022 General Election. Judy Brown, the Loudoun County registrar, was advised against outsourcing by local citizens and election security advocates including a Loudoun County election integrity working group, former State Board of Elections member Dr. Clara Belle Wheeler, Delegate Dave LaRock, and the nonpartisan, statewide, Virginia Fair Elections coalition, as well as many others. 

She had reportedly decided against the initial plan to outsource their county’s absentee ballot printing and mailing process only to flip flop without explanation. 

The number of absentee votes cast have skyrocketed over the last couple of years. In Virginia, several laws were hastily enacted to expand the duration of elections and the processes used to distribute and process ballots. The often exaggerated precautions associated with COVID-19 were used to justify large-scale expansion of absentee voting. A new state law passed in 2020 (HB 207) opened absentee voting to any qualified voter, regardless of circumstance. The same law allowed for voters to be added to a “permanent absentee” list so a person could opt-in to receive a mailed absentee ballot for all future elections. 

Virginia localities have demonstrated that they are capable of handling large batches of absentee ballots. Loudoun handled about 80,000 absentee ballots in 2020. That number dropped significantly in 2021 to about 23,000 ballots. The process requires diligent care and attention to detail. Some registrars may consider steps such as hiring more staff, or implementing a stricter employment application process. 

For some, the motivation to outsource the process is a new requirement (SB 3) that absentee ballots now be sorted and reported by precinct. That means localities might be handling many different ballots in the same election; yes a challenge, but if a private company can handle it, so a registrar should be able to as well. One option for sorting ballots has been successfully used for more than 10 years in Chesapeake; their locality orders ballots that already have special barcodes that allow sorting by precinct. 

There is clear consensus among many who are scrutinizing this process that this is a bad practice and are opposed to outsourcing to third-parties. They see outsourcing as problematic and flawed and hope that all 133 jurisdictions in Virginia will maintain the integrity of elections in printing and mailing all ballots, especially absentee ballots; one of the best practices would be to keep absentee ballot printing and mailing processes in-state and in-house.

Outsourcing the absentee ballot process will give good reason for Virginia’s voters to question election integrity at a time when voter faith in elections is already greatly diminished.

2022 Legislative Report: Election Integrity

ELECTION INTEGRITY – Restoring Trust in Virginia’s Elections

Do you trust your vote counts? If a medical pulse was taken on America’s trust in our election processes, the results would be alarming— some would say fatal. One author1 quantified the problem this way: “After the last election cycle, confidence is waning: Less than 60%2 of all voters were confident that ballots would be accurately cast and counted.” The result of this mistrust is that fewer people show up at the polls to take part in the democratic process of governing and we lose representation of the rich diversity that makes us who we are.

However, as the populace has increasingly lost trust in elections, a large infusion of new energy and support for finding solutions has surfaced. Those who advocate for increased election integrity, also often called election security, believe it should be easy to vote and hard to cheat in the process for our citizenry to select public servants. Yet, current Virginia laws and regulations make it easy to vote and easy to cheat — similar problems are pervasive across the nation. Knowing that the laws are not robust enough to inhibit voter fraud only exacerbates the populace’s mistrust in elections. When election processes are vulnerable to being manipulated with only minimal energy and time required to do so, Virginians’ sacred right to vote is jeopardized.

How can we restore “liberty and justice for all” voters? Good election policy at the state level is the best place to start. To prevent even the temptation for a person to commit voter fraud, it is desirable to safeguard our elections by passing laws to make it difficult to vote more than once or otherwise unduly influence voting results and interfere with the will of “we the people.” Although dozens and dozens of bills that touched on aspects of election security were introduced during this past 2022 Virginia Legislative Session, only a few were passed by the legislature and sent to the Governor’s desk. Below you will find a roadmap of bills introduced this session and some of the strong ideas that lawmakers advanced to secure our elections.

Click here to review the Virginia Institute’s full Legislative Report: Election Integrity (2022).

2022 Legislative Report & Forecast of Upcoming Legislative Activity

Where’s the legislature?
The Governor has called the lawmakers back for Special Session I, beginning Monday April 4th, following the completion of the regular legislative session on March 12th. In addition to the Special Session, the lawmakers must come back April 27th to be ready to override vetoes of bills that passed during the regular session, if the opportunity presents itself. April 11th is the last day for Governor Youngkin to act on bills that passed both chambers before Sine Die.

What can be expected from Special Session I?
During this session, Virginia’s budget for the next two years will be determined and bills that are still in conference may also come forward for a vote. It is anticipated that compromises on tax cuts and the standard tax deduction will be central to the budget decisions. Additionally, the Governor has added another item to the legislative agenda, calling upon the legislature to suspend the gas tax for the next three months when they reconvene, as a way to provide Virginians financial relief as the state experiences skyrocketing gas prices. Following the Special Session, the General Assembly will need to reconvene once again after bills passed by both chambers have gone to the Governor and he has a chance to veto. 

Notable legislation that may resurface during the Special Session includes – these will be discussed at greater length below in the “Bills in Conference” section:
– Stadium bills
– Election related absentee ballot bills
– Electoral Board bill
– Natural Gas bill
– Lab school bills
– Firearm related bills

Index of this Report
– Important Dates
– Bills Awaiting the Governor’s Action
– Bills in Conference
– Positive Policy Outcomes | Regular Legislative Session 2022
– Policy Disappointments | Regular Legislative Session 2022

IMPORTANT DATES

March 12, 2022 (Sine Die)
– Last Day of the 2022 regular legislative session
April 11, 2022
– Last Day for Governor to act on bills passed by Sine Die
April 27, 2022
– Legislature reconvenes in preparation to override any vetoes from Governor Youngkin (A bill must receive support from 2/3rds of the House and 2/3rds of the Senate in a veto override vote to be successful.)
April 4th, 2022
– Special Session, at the call of the Governor (Purpose is to finish the budget, and vote on dozens of bills that did not reach conclusion before the regular session ended.)
Date to be determined
– Reconvene after Special Session

BILLS AWAITING THE GOVERNOR’S ACTION

EDUCATION

SB 656: Sexually Explicit School Material Notification
This legislation requires that parents are notified when sexually explicit material will be included in instructional material in public K-12 schools. The bill also states that parents must be able to review such materials and provide an alternative for the instruction of their student. 

  • Bill status: Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

ELECTIONS

HB 205 & SB 80: Election Financing
Both pieces of legislation would make it illegal for any elected state or local election official to accept money from any individual or entity except the government to fund an election in Virginia. This policy would be beneficial in preserving unbiased elections.

  • HB 205 status: Passed the House, passed the Senate, will now go to the Governor for his approval or veto. 
  • HB 205 bill text, history, and information: Click HERE
  • SB 80 status: Passed the Senate, passed the House, will now go to the Governor for his approval or veto. 
  • SB 80 bill text, history, and information: Click HERE

HB 927 & SB 3: Absentee Ballot Counting
If this legislation was adopted, any ballot counted at a central absentee precinct would be required to be counted and sorted into categories based on the precinct where the ballot was cast. This bill also requires total vote result numbers to be reported by precinct.

  • HB 927 status: Passed the House, passed the Senate.
  • HB 927 bill text, history, and information: Click HERE
  • SB 3 status: Passed the Senate, passed the House, conference committee report accepted by both chambers. SB 3 will now go to the Governor for his approval or veto. 
  • SB 3 bill text, history, and information: Click HERE

EMINENT DOMAIN

SB 666: Citizen Protections Related to Eminent Domain
This bill revises the definitions of “lost access” and “lost profits,” related to eminent domain. This is a good policy that would increase protections to citizens who are affected by a public use project. 

  • Bill status: Passed the Senate, passed the House, will now go to the Governor for his approval or veto.
  • Bill text, history, and information: Click HERE

SB 694: Update to Eminent Domain Code
This bill would create changes to substantially protect property owners who have land affected by eminent domain. It would require the government to inform the property owner if a project is over and the owner can get portions of their property back, requires interest to be paid on payments to landowners and prevents a development approval from being granted to allow eminent domain, among several other good reforms. 

  • Bill status: Passed the Senate, passed the House, conference committee report accepted by both chambers. SB 694 will now go to the Governor for his approval or veto.
  • Bill text, history, and information: Click HERE

FIRST FREEDOMS

HB 1063: Protection for Religious Practices
This bill defines religious protections to apply to “any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols.” The broad strengthening of rights to religious adherence and worship is good policy in a cultural climate where free exercise of personal religious beliefs is often under attack.

  • Bill status: Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

HB 384: Public Employee Right to Free Speech
This bill protects public employees from punishment from their employer if they choose to share an opinion personally in a public hearing about a rule or regulation of the state or local government. 

  • Bill status: Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

HEALTHCARE

HB 81 & SB 436: State Telehealth Plan
These bills require the Board of Health to contract with a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This contract would contribute to the success of the State Telehealth Plan going forward. 

  • HB 81 status: Passed the House, was conformed to SB 436 in Senate committee, passed the Senate, final version was accepted by the House. This bill will now go to the Governor’s desk for his approval or veto. 
  • HB 81 bill text, history, and information: Click HERE
  • SB 436 status: Passed the Senate, passed the House, this bill will now go to the Governor’s desk for his approval or veto. 
  • SB 436 bill text, history, and information: Click HERE

HB 537: Exception for Telemedicine
This bill allows a licensed professional outside of the Commonwealth of Virginia to temporarily provide care to a patient located within the state through telemedicine under certain conditions. This is a good bill that increases access to medical care.

  • Bill status:  Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 207: Committee Chairmen
This bill requires that when any legislation would increase or start occupational regulation through the Department of Professional and Occupational Regulation (DPOR)  that the chairman of the committee having jurisdiction over the bill send it to DPOR for evaluation.  

  • Bill status: Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

BILLS IN CONFERENCE
These bills may progress and come to a vote during the upcoming Special Session

EDUCATION

HB 346 & SB 598: Creation of College Partnership Laboratory Schools
This legislation would allow public or private institutions of higher education to establish a K-12 school called a laboratory school. The institution of higher education would submit an application to the state Board of Education to start a laboratory school. There is also a provision that allows an already existing school to be converted into a lab school.

  • HB 346 & SB 598 status: Passed both chambers, conferees assigned by both chambers.
  • HB 346 text, history and information: Click HERE
  • SB 598 text, history and information: Click HERE

ELECTIONS

SB 273: Witness Signature on Absentee Ballot
This bill would allow for the required witness signature on an absentee ballot to be replaced with the last 4 digits of a voter’s social security number instead. Since there are cases where voters may not have another person in the vicinity to fulfill the role as a witness, this is a good policy change that accommodates more voters and also maintains the security of elections.  

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers.
  • Bill text, history, and information: Click HERE

SB 652: Clarification of Absentee Ballot Application Requirements
This legislation clarifies that the absence of the last four digits of a person’s social security number on an application for an absentee ballot is a material omission, and is grounds for rejecting the application. This requirement would not apply if a person is applying in person for an absentee ballot, because under those circumstances the last four digits of a social security number are not part of the application process. Until now, the law has been clear that this requirement already exists; but, due to the interpretation of one general registrar to the contrary, this legislation has been brought forward to reinforce the existing law. 

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers.
  • Bill text, history, and information: Click HERE

HB 305 & SB 371: Board of Elections and Commissioner of Elections
This legislation would increase the number of members on the State Board of Elections (HB 305: 7 members with 4 from the party of the Governor, SB 371: 8 members with party parity). Also, the Commissioner of Elections is appointed by the Governor currently, but if this policy is adopted the Commissioner would now be appointed by a supermajority of the State Board of Elections instead.

  • HB 305 & SB 371 status: Passed both chambers, conferees assigned by both chambers.
  • HB 305 text, history and information: Click HERE
  • SB 371 text, history and information: Click HERE

ENERGY

HB 1257: Natural Gas Protection
This bill is intended to stop local governments like cities from shutting down their own natural gas utility operations and prohibit them from restricting new connections.  

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers.
  • Bill text, history, and information: Click HERE

FIREARMS

SB 487: Virginia Center for Firearm Violence Intervention and Prevention
This bill would establish a new Virginia Center for Firearm Violence Intervention and Prevention within the Department of Criminal Justice Services, and transfers an existing fund of the same purpose to the new center. 

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers.
  • Bill text, history, and information: Click HERE

HB 1306: Tampering with Firearm Serial Numbers
This bill would make possession or sale of any firearm with a serial number that has been altered or removed, a class one misdemeanor.

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers.
  • Bill text, history, and information: Click HERE

STADIUM PROJECT

HB 1353 & SB 727: Virginia Football Stadium
This legislation would provide for a Virginia Football Stadium Authority to be established as a political entity that would be responsible for financing the construction of the stadium. Further, SB 727 proposes to permit eminent domain for this development. The newly established authority would be permitted to issue bonds to finance the project.  

  • HB 1353 & SB 727 status: Passed both chambers, conferees assigned by both chambers.
  • HB 1353 text, history and information: Click HERE
  • SB 727 text, history and information: Click HERE

2022 POSITIVE POLICY OUTCOMES
(as of April 3, 2022)

EDUCATION

SB 739: Optional K-12 School Masking – Signed into LAW
This new law requires in person learning at public schools and ended the mask mandates in Virginia public schools as well. 

  • SB 739 bill text, history, and information: Click HERE

ELECTIONS

HB 55 & SB 211: Accurate Voter Rolls – Signed into LAW
This new law requires the Virginia Department of Vital Statistics to report state residents’ death to the Department of Elections on a weekly basis. This is a good policy decision for the Commonwealth that will increase the ongoing accuracy of the official voter roll lists. 

  • HB 55 bill text, history, and information: Click HERE
  • SB 211 bill text, history, and information: Click HERE

SB 318: Donor Disclosure Requirements – DEFEATED
This bill proposed a requirement that an organization that engages in an independent expenditure that included an advertisement for or against a candidate or for or against a referendum must disclose the organization’s top 3 donors on the ad. This requirement would have applied if the ad was run 1-2 months before an election. This policy would be a step in the wrong direction, as it would violate the privacy of individuals who contribute to causes that are personal and expose them to risk of being targeted. The ambiguity of the bill could also be interpreted to apply to issue related communications that don’t expressly support or oppose a candidate. 

  • Bill status: Passed the Senate, died in House Privileges and Elections Subcommittee #2. 
  • Bill text, history, and information: Click HERE

WEAPONS AND DEFENSE

SB 758: Switchblades – Signed into LAW
This new law legalizes the selling and possessing of switchblades in Virginia. 

  • SB 758 bill text, history, and information: Click HERE

2022 POLICY DISAPPOINTMENTS
(as of April 2, 2022)

HB 46: Voter Identification
This bill required a voter to present an ID with a photograph at the polls in order to cast a ballot. If the voter did not present a photo ID, they could receive and vote a provisional ballot. The legislation also removed the option for a voter to sign a statement confirming their own identity as an alternative to providing an ID. Further, it removes the option to provide a utility bill or other document without a photograph to provide proof of identity. Lastly, it repeals the permanent absentee voter list. These are good policy measures and would create robust safeguards for election integrity in Virginia. 

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 71 & SB 45: Campaign Contributions by Public Utilities
Both pieces of legislation, if adopted, would have added protection from bias to elections and protection from corruption in the marketplace by prohibiting public utility entities from making financial contributions to candidates campaigning for political office.

  • HB 71 bill status: Failed in the House Privileges and Elections Subcommittee #2
  • HB 71 bill text, history, and info: Click HERE
  • SB 45 bill status: Failed in Senate Privileges and Elections Committee
  • SB 45 bill text, history, and info: Click HERE

HB 80: Healthcare Regulatory Sandbox
This legislation would have advanced innovation in Virginia by creating the Healthcare Regulatory Sandbox Program for five years. Participants that have been accepted into the program may temporarily test a healthcare product or service for 2-3 years without the normal licensure or authorization the state requires. An annual report including information about the participants and effectiveness of the program will be prepared and given to the health related committee chairmen in the House and Senate each year. 

  • Bill status: Passed the House, was voted down on the Senate floor (vote was 18-20), a reconsideration of the vote was called for and the bill was voted down a second time (vote 19-20). 
  • Bill text, history, and information: Click HERE

HB 185: Limited Same Day Registration
Adoption of this legislation would have established a good policy to prohibit same day voter registration, with only three exceptions. The three specified exceptions were: service members of the United States on active duty, individuals temporarily living outside of the country, and a spouse or dependent of one of the first two categories.

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE 

HB 208 & SB 712: Universal Sandbox Program
These bill would facilitate a stronger free market and accelerated innovation by establishing the Virginia Regulatory Sandbox Program. Individuals who would like to participate in the program would apply, and once accepted would be granted a waiver from one or more state laws to make a desired product, use a desired production method, or provide a service. 

  • HB 208 bill status: Tabled in the House Appropriations Committee
  • HB 208 bill text, history, and info: Click HERE
  • SB 712 bill status: Continued to 2023 in Senate Finance and Appropriations Committee
  • SB 712 bill text, history, and info: Click HERE

HB 244: Red Tape Reduction Act
This bill would have instituted a beneficial Regulatory Reduction Program, designed to inhibit the growth of executive agencies and create a system of target goals for them to reduce regulations and provide regular reports on their progress. 

  • Bill status: Passed the House, passed the General Laws and Technology Committee, was killed through the motion to pass by indefinitely in the Senate Finance and Appropriations Committee. 
  • Bill text, history, and information: Click HERE
  • Additional link: Video on the issue

HB 529: Misclassification of Workers
This bill proposed to provide an independent contractor with legal protection to explicitly self-identify as a contractor and prevent forced classification as an employee.

  • Bill status: Continued to 2023 in the House Commerce and Energy Subcommittee #1
  • Bill text, history, and info: Click HERE

HB 544: Optional Restrictive ID
This bill would have allowed a voter to inform the state that they were personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Measures like this would be progress towards increased election security. 

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 553: Opportunity Classroom
This bill would have opened the door for Virginia students to get a head start in a career by granting teachers the authority to enter into an agreement with a school board to teach a curriculum on required subjects through an industry specific lens in a designated school classroom. 

  • Bill status: Laid on the table in House Education Subcommittee on Early Childhood/Innovation
  • Bill text, history, and info: Click HERE

HB 827: Localities’ Authority to Restrict Carrying
This bill would have removed localities’ authority to prohibit guns in government buildings and public parks and buildings. Sixteen localities currently have such laws, which leaves individuals carrying a gun vulnerable to unintentionally violating the law as they travel across the Commonwealth. 

  • Bill status: Passed the House, was killed in the Senate Judiciary Committee through the motion to pass by indefinitely. 
  • Bill text, history, and information: Click HERE

HB 906: Inmate Sentences
This bill proposed to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Died because the bill did not receive a vote in the House Committee for Courts of Justice before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE

HB 922: Financial Technology (FinTech) Sandbox Program
This legislation would have advanced innovation in Virginia by creating the FinTech Regulatory Sandbox Program. Participants that have been accepted into the program may conduct testing of a financial product or service for 2-3 years without the normal licensure or authorization the state requires. 

  • Bill status: Failed by being stricken from the committee docket
  • Bill text, history, and info: Click HERE

HB 1025: Educational Savings Account
This bill would have championed parental choice in education by giving parents 90% of the state funds allotted for a public school student if the parents would like to pursue different education options. The money would be offered to parents through an Educational Savings Account system and is required to be spent on education related expenses. 

  • Bill status: Died because the bill did not receive a vote in the House Committee on Education before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE

SB 75: Right to Firearm at Government Locations
This bill would be a repeal of the current prohibition to carry a firearm at or near the Virginia Capitol building and various other locations where government work takes place.  

  • Bill status: Failed in Senate Committee on Rules
  • Bill text, history, and info: Click HERE

SB 378: Victim Input in Criminal Resentencing
This bill proposed to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Passed the Senate, House Committee for Courts of Justice Subcommittee #1 recommends laying the bill on the table. 
  • Bill text, history, and information: Click HERE

SB 390: Election Audit Process
This bill was intended to address the need to ensure that all voting machines in the state function correctly, by establishing an audit process that would check every machine once every 5 years.

  • Bill status: Failed in Senate Privileges and Elections Committee
  • Bill text, history, and info: Click HERE