Discrimination; prohibited in voting and elections administration, etc. (HB1890)

Introduced By

Del. Cia Price (D-Newport News) with support from 20 copatrons, whose average partisan position is:

Those copatrons are Del. Lashrecse D. Aird (D-Petersburg), Del. Alex Askew (D-Virginia Beach), Del. Lamont Bagby (D-Richmond), Del. Jeff Bourne (D-Richmond), Del. Josh Cole (D-Stafford), Del. Kelly Fowler (D-Virginia Beach), Del. Angelia Williams Graves (D-Norfolk), Del. Cliff Hayes (D-Chesapeake), Del. Charniele Herring (D-Alexandria), Del. Clinton Jenkins (D-Suffolk), Del. Jay Jones (D-Norfolk), Del. Candi King (D-Woodbridge), Del. Delores McQuinn (D-Richmond), Del. Don Scott (D-Portsmouth), Del. Luke Torian (D-Woodbridge), Del. Jeion Ward (D-Hampton), Sen. Mamie Locke (D-Hampton), Sen. Louise Lucas (D-Portsmouth), Sen. Jennifer McClellan (D-Richmond), Sen. Lionell Spruill (D-Chesapeake)

Progress

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

Description

Elections; prohibited discrimination in voting and elections administration; required process for enacting certain covered practices; civil causes of action. Prohibits any voting qualification or any standard, practice, or procedure related to voting from being imposed or applied in a manner that results in the denial or abridgment of the right of any United States citizen to vote based on his race or color or membership in a language minority group. The bill further prohibits at-large methods of election from being imposed or applied in a locality in a manner that impairs the ability of a protected class, defined in the bill, to elect candidates of its choice or to influence the outcome of an election, by diluting or abridging the rights of voters who are members of a protected class. Prior to enacting or administering a covered practice, defined in the bill, the governing body of a locality is required to publish the proposed covered practice and accept public comment for a minimum of 30 days on the proposed covered practice; after the public comment period, a 30-day waiting period is required. During this period, any person who will be subject to or affected by the covered practice may challenge the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. The bill permits the local governing body to instead submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection and, once such certification is issued, to enact or administer the covered practice. Certain unlawful actions, including knowingly communicating false information to voters, that are currently subject to criminal penalties will create civil causes of action under the bill. The bill authorizes the Attorney General to commence civil actions when there is reasonable cause to believe that a violation of an election law has occurred and the rights of any voter or group of voters have been affected by the violation. Civil penalties assessed as a result of such action are payable to the Voter Education and Outreach Fund, established by the bill. Current provisions related to language minority accessibility are moved to a newly created chapter relating to the rights of voters. This bill is identical to SB 1395. Read the Bill »

Status

07/25/2021: Awaiting a Vote in the Finance and Appropriations Committee

History

DateAction
01/08/2021Prefiled and ordered printed; offered 01/13/21 21102178D
01/08/2021Referred to Committee on Privileges and Elections
01/14/2021Assigned P & E sub: Voting Rights
01/19/2021Impact statement from VCSC (HB1890)
01/21/2021Impact statement from DPB (HB1890)
01/22/2021House subcommittee amendments and substitutes offered
01/22/2021Subcommittee recommends reporting with substitute (4-Y 2-N)
01/27/2021House committee, floor amendments and substitutes offered
01/27/2021Reported from Privileges and Elections with substitute (13-Y 9-N) (see vote tally)
01/27/2021Committee substitute printed 21103495D-H1
01/27/2021Impact statement from VCSC (HB1890H1)
01/27/2021Substitute bill reprinted 21103495D-H1
01/28/2021Read first time
01/29/2021Read second time
01/29/2021Committee substitute agreed to 21103495D-H1
01/29/2021Engrossed by House - committee substitute HB1890H1
02/01/2021Read third time and passed House (55-Y 45-N)
02/01/2021VOTE: Passage (55-Y 45-N) (see vote tally)
02/02/2021Constitutional reading dispensed
02/02/2021Referred to Committee on Privileges and Elections
02/03/2021Impact statement from DHCD/CLG (HB1890)
02/03/2021Impact statement from DPB (HB1890H1)
02/05/2021Continued to 2021 Sp. Sess. 1 in Privileges and Elections (15-Y 0-N) (see vote tally)
02/16/2021Reported from Privileges and Elections (8-Y 5-N) (see vote tally)
02/16/2021Rereferred to Finance and Appropriations
02/22/2021Reported from Finance and Appropriations (10-Y 4-N)
02/24/2021Constitutional reading dispensed (39-Y 0-N)
02/25/2021Read third time
02/25/2021Passed Senate (21-Y 18-N)
03/09/2021Enrolled
03/09/2021Bill text as passed House and Senate (HB1890ER)
03/09/2021Signed by President
03/10/2021Impact statement from DPB (HB1890ER)
03/11/2021Signed by Speaker
03/15/2021Enrolled Bill communicated to Governor on March 15, 2021
03/15/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/31/2021Governor's recommendation received by House
04/07/2021Placed on Calendar
04/07/2021House concurred in Governor's recommendation (55-Y 45-N)
04/07/2021VOTE: Adoption (55-Y 45-N)
04/07/2021Senate concurred in Governor's recommendation (21-Y 19-N)
04/07/2021G Governor's recommendation adopted
04/07/2021Reenrolled
04/07/2021Reenrolled bill text (HB1890ER2)
04/07/2021Signed by Speaker as reenrolled
04/07/2021Signed by President as reenrolled
04/07/2021Enacted, Chapter 533 (effective 7/1/21)
04/07/2021G Acts of Assembly Chapter text (CHAP0533)
04/07/2021Enacted, Chapter 533 (effective - see bill)

Duplicate Bills

The following bills are identical to this one: SB1395.

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