Virginia HB 121: Elections; voter identification containing photograph required, etc.

Bill Text

2022SESSION
INTRODUCED
22101554D
1 HOUSEBILLNO.121
2 OfferedJanuary12,2022
3 PrefiledJanuary7,2022
4 A BILL to amend and reenact §§ 24.2-404, as it is currently effective and as it shall become effective,
5 24.2-411.3, 24.2-643, 24.2-653, 24.2-653.01, 24.2-701, 24.2-701.1, 24.2-706, 24.2-707, 24.2-709, and
6 24.2-709.1 of the Code of Virginia, and to repeal § 24.2-707.1 of the Code of Virginia and Chapter
7 1153 of the Acts of Assembly of 2020, relating to elections; voter identification containing
8 photograph required; who may register up to and including the day of the election; absentee ballot
9 application requirements; absentee voting in person availability; return of absentee ballots.
10 ––––––––––
Patrons––Wyatt, Avoli, Campbell, J.L., Campbell, R.R., Edmunds, LaRock, Runion, Scott, P.A., Wiley
and Wright
11 ––––––––––
12 ReferredtoCommitteeonPrivilegesandElections
13 ––––––––––
14 Be it enacted by the General Assembly of Virginia:
15 1. That §§ 24.2-404, as it is currently effective and as it shall become effective, 24.2-411.3, 24.2-643,
16 24.2-653, 24.2-653.01, 24.2-701, 24.2-701.1, 24.2-706, 24.2-707, 24.2-709, and 24.2-709.1 of the Code
17 of Virginia are amended and reenacted as follows:
18 §24.2-404. (Effective until October 1, 2022) Duties of Department of Elections.
19 A. The Department of Elections shall provide for the continuing operation and maintenance of a
20 central recordkeeping system, the Virginia voter registration system, for all voters registered in the
21 Commonwealth.
22 In order to operate and maintain the system, the Department shall:
23 1. Maintain a complete, separate, and accurate record of all registered voters in the Commonwealth.
24 2. Require the general registrars to enter the names of all registered voters into the system and to
25 change or correct registration records as necessary.
26 3. Provide to each general registrar (i) voter confirmation documents for newly registered voters and
27 for notice to registered voters on the system of changes and corrections in their registration records and
28 polling places and (ii) voter photo identification cards containing the voter's photograph and signature
29 for free for those voters who do not have one of the forms of identification specified in subsection B of
30 § 24.2-643. The Department shall promulgate rules and regulations authorizing each general registrar
31 to obtain a photograph and signature of a voter who does not have one of the forms of identification
32 specified in subsection B of § 24.2-643 for the purpose of providing such voter with a voter photo
33 identification card containing the voter's photograph and signature. The Department shall provide each
34 general registrar with the equipment necessary to obtain a voter's signature and photograph, and no
35 general registrar shall be required to purchase such equipment at his own expense. Photographs and
36 signatures obtained by a general registrar shall be submitted to the Department. The Department may
37 contract with an outside vendor for the production and distribution of voter photo identification cards.
38 4. Require the general registrars to delete from the record of registered voters the name of any voter
39 who (i) is deceased, (ii) is no longer qualified to vote in the county or city where he is registered due to
40 removal of his residence, (iii) has been convicted of a felony, (iv) has been adjudicated incapacitated,
41 (v) is known not to be a United States citizen by reason of reports from the Department of Motor
42 Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received
43 from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to
44 subsection E, or (vi) is otherwise no longer qualified to vote as may be provided by law. Such action
45 shall be taken no later than 30 days after notification from the Department. The Department shall
46 promptly provide the information referred to in this subdivision, upon receiving it, to general registrars.
47 5. Retain on the system for four years a separate record for registered voters whose names have been
48 deleted, with the reason for deletion.
49 6. Retain on the system permanently a separate record for information received regarding deaths,
50 felony convictions, and adjudications of incapacity pursuant to §§24.2-408 through 24.2-410.
51 7. Provide to each general registrar, at least 16 days prior to a general or primary election and three
52 days prior to a special election, an alphabetical list of all registered voters in each precinct or portion of
53 a precinct in which the election is being held in the county, city, or town. These precinct lists shall be
54 used as the official lists of qualified voters and shall constitute the pollbooks. The Department shall
55 provide instructions for the division of the pollbooks and precinct lists into sections to accommodate the
56 efficient processing of voter lines at the po