The Virginia Model of Regulatory Reform

The Virginia Model of Regulatory Reform

A Springboard for Success

Is the Office of Regulatory Management Virginia’s DOGEThat’s a debate that has been raging in the public eye recently.

Enter the highly-respected economist Dr. James Broughel, one of our senior fellows at the Virginia Institute for Public Policy.

On March 6th, we released a major new study by Dr. Broughel, who is also a senior fellow at the Competitive Enterprise Institute and a former adjunct professor at the Scalia Law School at George Mason University.

$1.2 billion of annual savings for Virginians. Permit processing times slashed from an average of 33 days to 5 days. Even the average cost of building a house will drop by $24,000.

The Office of Regulatory Reform (ORM) in Virginia has been highly successful in taking an axe to Virginia’s bloated regulatory code, already cutting it by 21%.

The paper has generated publicity in the media – see HERE and HERE:

We’re making sure to provide the facts and figures to those in power in Richmond so that legislators can learn not just about the Virginia Model of Regulatory Reform, but also about how it can be improved upon.

Here is the full paper, and the one-page executive summary.


A mother helps her son with online learning on a home computer.
Press Release – Education Polling

Please feel free to view the summary for a short concise recap, or view the full document below in the .pdf viewer below! Download links are included for your convenience if you wish to view it in your own preferred document viewer.

Summary

A new Virginia poll conducted by Cygnal on behalf of 50CAN reveals strong public support for parental choice in education, despite concerns that the state’s education system is “on the wrong track.”

Key findings:

  • Virginia’s Direction: While most believe the state is headed in the right direction, education remains a concern.
  • Virginia Opportunity Scholarship: Governor Youngkin’s proposed program has 57% support (net +29), with particularly strong approval from Black (+36) and Hispanic (+55) voters.
  • School Choice Support: 75% of respondents favor allowing families to choose schools outside of their assigned zones.
  • Reform vs. Funding: 61% prefer system reform over increased funding (28%).
  • Election Implications: 42% of voters statewide believe education is on the wrong track, rising to 55% in swing districts, suggesting education could be a key issue in the 2025 elections.

Virginia Institute for Public Policy’s Lindsey Zea emphasizes that parents want a greater say in their children’s education, regardless of income, location, or ethnicity. With upcoming legislative decisions and elections, policymakers may need to address these concerns.


A macro shot of freshly baked stacked chocolate chip cookies creates a cozy dessert vibe.
Press Release – Privacy Bill SB769

Please feel free to view the summary for a short concise recap, or view the full document below in the .pdf viewer below! Download links are included for your convenience if you wish to view it in your own preferred document viewer.

Summary

SB769 would make Virginia’s cookies law arguably the most restrictive in the world, even more so than California and the European Union. Nobody has calculated the true economic cost to small businesses, or the workload it would place on the Attorney General’s office. It’s a pro-privacy bill that would make your data less private, and could lead to Virginians being unable to access websites hosted in other states.

The Federalist: Voters Prohibit ‘Zuckbucks’-Style Private Funding And Staff From Wisconsin Elections

This insightful article delves into the recent decision by Wisconsin voters to pass two pivotal constitutional amendments, thereby fortifying the integrity and impartiality of their electoral process. These amendments aim to staunch the flow of private funding in elections and ensure that only legally appointed officials are at the helm of election administration— a direct countermeasure against the controversial “Zuckbucks”-style electioneering, where substantial private funds, notably from Meta CEO Mark Zuckerberg, were injected into the electoral system to predominately benefit Democrat-majority counties. The article also highlights the relentless efforts of conservative groups and activists across Wisconsin, who worked tirelessly to mobilize voters and secure the passage of these amendments. These measures are seen as a significant step towards preventing potential biases and irregularities in future elections, although questions remain about the impact of previously accepted private grants on upcoming elections. In sum, the article underscores the importance of grassroots activism and coordinated efforts among organizations in achieving these electoral reforms, reflecting a commitment to maintaining the fairness and integrity of the electoral process.

Click here to read the full article at The Federalist.

 

Policy Primer: Regulatory Reform (2023)

The cost of regulation between 1980 and today is estimated to be more than $5 trillion representing a 25% shortfall in would-be economic growth. This number is exceedingly difficult for most people to visualize, so this simple mental exercise can be beneficial in communicating just how much has been lost:

Five million seconds is about 58 days;

Five trillion seconds is 158,440 years.

As anyone can see, this loss of real value to our economy is not insignificant. In response, the Virginia Institute for Public Policy’s regulatory reform initiative proposes the implementation of a Regulatory Budget Program coupled with establishing a Universal Regulatory Sandbox. These measures aim to promote economic growth, innovation, and regulatory efficiency by limiting or eliminating the continued inflation of regulatory requirements while providing an environment where compliance burdens are temporarily removed to enhance and promote experimentation and development of new products, services, and business methodologies in the Commonwealth.

VIPP Policy Primer: Regulatory Reform (2023)

Click HERE to view or download.

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 informationClick 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 informationClick 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 informationClick 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 informationClick 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 informationClick 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 informationClick 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 informationClick 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 informationClick 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 informationClick 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 informationClick 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 informationClick 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 informationClick 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 informationClick 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
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.