Virginia HB 541: Elections, Department of; limitation on gubernatorial appointments.

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2020 SESSION

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20104008D

HOUSE BILL NO. 541 

Offered January 8, 2020 

Prefiled January 5, 2020 

A BILL to amend and reenact � 24.2-102 of the Code of 
 Virginia, relating to Department of Elections; limitation on gubernatorial 
 appointments. 
---------- 

Patron-- Carr 

---------- 

Referred to Committee on Privileges and Elections 

---------- 

Be it enacted by the General Assembly of Virginia:

1. That � 24.2-102 of the Code of Virginia is amended and 
 reenacted as follows:

� 24.2-102. Appointment; terms; Commissioner of Elections; 
 prohibited activities.

A. The 
 State Board of Elections is continued and shall consist of three members 
 appointed by the Governor from the qualified voters of the Commonwealth, 
 subject to confirmation by the General Assembly. In the appointment of the 
 Board, representation shall be given to each of the political parties having 
 the highest and next highest number of votes in the Commonwealth for Governor 
 at the last preceding gubernatorial election. Two Board members shall be of the 
 political party which cast the highest number of votes for Governor at that 
 election. When the Governor was not elected as the candidate of a political 
 party, representation shall be given to each of the political parties having 
 the highest and next highest number of members of the General Assembly at the 
 time of the appointment and two Board members shall be of the political party 
 having the highest number of members in the General Assembly. Each political 
 party entitled to an appointment may make and file recommendations with the 
 Governor for the appointment. Its recommendations shall contain the names of at 
 least three qualified voters of the Commonwealth.

Board members shall serve four-year terms beginning February 
 1, 1995, and each fourth year thereafter. Vacancies shall be filled for the 
 unexpired terms. No member shall be eligible for more than two successive 
 four-year terms. A member appointed for an unexpired term may be appointed for 
 the two succeeding four-year terms.

B. The 
 Governor shall appoint to the Department of 
 Elections only a Commissioner of 
 Elections, who shall receive the salary fixed by law, and no 
 other appointees or employees. The Commissioner of 
 Elections may employ the personnel required to carry out the duties imposed by 
 the State Board of Elections.

C. No 
 member of the Board shall be eligible to offer for or hold an office to be 
 filled in whole or in part by qualified voters in the Commonwealth. If a member 
 resigns to offer for or hold such office, the vacancy shall be filled as 
 provided in this section.

No member of the Board shall serve as the chairman of a state, 
 local, or district level political party committee or as a paid worker in the 
 campaign of a candidate for nomination or election to an office filled by 
 election in whole or in part by qualified voters in the Commonwealth.