HB800: Acts of Assembly; implementation of certain laws to special elections.


HOUSE BILL NO. 800
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Privileges and Elections
on February 1, 2008)
(Patron Prior to Substitute--Delegate Englin)
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 24.2 a section numbered 24.2-101.1, relating to implementation of certain Acts of the Assembly; special elections.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Article 1 of Chapter 1 of Title 24.2 a section numbered 24.2-101.1 as follows:

§ 24.2-101.1. Implementation of certain laws; special elections.

All laws enacted at a regular session of the General Assembly shall take effect as provided in § 1-214 except that the implementation of any change to this title shall not become effective for a special election held at a time other than a general election if the writ for the special election was issued prior to the effective date of the law.

HOUSE BILL NO. 800
Offered January 9, 2008
Prefiled January 8, 2008
A BILL to amend and reenact § 24.2-103 of the Code of Virginia, relating to powers and duties of the State Board of Elections.
Patron-- Englin

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That § 24.2-103 of the Code of Virginia is amended and reenacted as follows:

§ 24.2-103. Powers and duties in general.

A. The State Board shall supervise and coordinate the work of the county and city electoral boards and of the registrars to obtain uniformity in their practices and proceedings and legality and purity in all elections. It shall make rules and regulations and issue instructions and provide information consistent with the election laws to the electoral boards and registrars to promote the proper administration of election laws. Electoral boards and registrars shall provide information requested by the Board.

The Board shall ensure that the members of the electoral boards and general registrars are properly trained to carry out their duties by offering training annually, or more often, as it deems appropriate, and without charging any fees to the electoral boards and general registrars for the training.

B. The Board may institute proceedings pursuant to § 24.2-234 for the removal of any member of an electoral board who fails to discharge the duties of his office in accordance with law. The Board may petition the local electoral board to remove from office any general registrar who fails to discharge the duties of his office according to law. The Board may institute proceedings pursuant to § 24.2-234 for the removal of a general registrar if the local electoral board refuses to remove the general registrar and the State Board finds that the failure to remove the general registrar has a material adverse effect upon the conduct of either the registrar's office or any election. Any action taken by the Board pursuant to this subsection shall require a recorded majority vote of the Board.

C. The Board may petition a circuit court or the Supreme Court, whichever is appropriate, for a writ of mandamus or prohibition, or other available legal relief, for the purpose of ensuring that elections are conducted as provided by law.

D. The Board may suspend, for a special election to fill a vacancy in an office, the implementation of any statutory change that will otherwise become effective after a writ has been issued to call the election; the suspension shall be effective only for that special election.

E.  The Board shall adopt a seal for its use and bylaws for its own proceedings.