Elections; clarifications and revisions to registration and election processes. (HB1878)

Introduced By

Del. John Cosgrove (R-Chesapeake)

John Cosgrove (R-Chesapeake)
Served: 2002–

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Elections; clarifications and revisions to registration and election processes; penalties. Incorporates changes to definitions, duties of election officials, registration procedures, voting procedures, and election offenses; penalties.  

Outcome

Bill Has Passed
View Bill's History

Video

Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 01/15/2009, 01/15/2009, 01/30/2009, 02/02/2009, 02/03/2009, 02/04/2009, 02/04/2009, 02/05/2009, 02/05/2009, 02/06/2009 and 02/06/2009.

Identical Bills

The following bills are identical to this one: SB1188

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Comments

Waldo Jaquith writes:

Here are the noteworthy bits in this bill:

However, it shall not be unlawful for a qualified voter to enter and be in the polling place for the purpose of casting a ballot while wearing clothing, buttons, or stickers bearing a candidate name or other political message so long as he makes no active or overt attempt to influence any other voter.

That's intended to address complaints across the state as a result of Virginia's long-standing prohibition on wearing any campaign materials to a polling place. Somebody wearing a "Vote McCain" t-shirt to a polling place would have been sent home to change clothes. There's an active lawsuit over just such a matter.

To establish domicile, a person must live in a particular locality with the intention to remain there for an unlimited time.

This is wading into the dispute over where college students vote. That was a topic of a lot of debate in the 2004 and 2008 presidential elections, particularly in Williamsburg and Blacksburg. Del. Cosgrove is apparently seeking to prohibit students from voting in elections at their university. So a student from Fairfax who enrolls in Virginia Tech and lives there for ten years to get her undergraduate, graduate, and doctorate degree would be prohibited from voting there, prevented from deciding who will represent her on the town council.

The form shall contain a statement that whoever votes more than once in any election in the same or different jurisdictions shall be guilty of a Class 6 felony.

This is addressing the non-existent problem of people voting repeatedly. As best as I can tell, this is a Republican scare tactic that has its roots in Democrats' Byrd Machine, which sought to keep poor blacks from voting by frightening or intimidating them.

I'm particularly concerned about this "establishing domicile" bit. "[A] person must live in a particular locality with the intention to remain there for an unlimited time." Really? I've got oodles of 20-something friends who (naturally) live in particular localities, but they no intention of remaining there "for an unlimited time." They're always looking for for a job in New York, considering relocating to Portland, etc. For folks who do not intend to live in one place "for an unlimited time," where are they to vote? The mere fact that somebody is considering moving to Portland will surely not entitle him to vote in Portland. But they'd be disqualified from voting here, under Del. Cosgrove's proposal.

There are many other changes in this bill. Some of them may well be much-needed housekeeping changes and improvements, but others are clearly not well thought-out.

Jeremy Aldrich writes:

The concept of "no taxation without representation" comes to mind. Waldo sums up my main question about the new definition of domicile very well.