Virginia 2022 Regular Session

Virginia House Bill HB895

Introduced
1/12/22  
Refer
1/12/22  
Report Pass
2/11/22  
Engrossed
2/14/22  
Refer
2/16/22  
Report Pass
2/22/22  
Engrossed
2/25/22  
Enrolled
3/1/22  
Chaptered
4/11/22  

Caption

Elections; local electoral boards & general registrars to perform certain risk-limiting audits, etc.

Impact

The implementation of HB895 is expected to significantly affect state laws concerning election integrity and procedure. By formalizing the process for risk-limiting audits, the bill introduces a new layer of oversight that can potentially detain or remedy electoral fraud. The act requires the Department of Elections to create guidelines for conducting these audits, thereby structuring a once piecemeal process into a coherent and enforceable standard across local jurisdictions. The provisions apply to a range of elections, ensuring that various levels of governance participate in maintaining voting integrity.

Summary

House Bill 895 introduces provisions for conducting risk-limiting audits in Virginia's election system. The bill mandates that local electoral boards and general registrars perform these audits after elections to ensure the integrity of results before they are certified. This measure aims to enhance public confidence in the electoral process by providing a reliable method for verifying that reported outcomes align with actual votes cast. Risk-limiting audits will apply to contested races and a specific probability will dictate the necessity of a full hand count should discrepancies arise between official results and audit findings.

Sentiment

The response to HB895 appears generally positive among lawmakers keen on strengthening voting safeguards. Supporters believe that implementing risk-limiting audits offers a proactive approach to discovering and correcting voting discrepancies. Nonetheless, there are concerns regarding the additional administrative burden on local electoral boards and the potential financial implications of establishing and maintaining these audit protocols. Critics, while not opposing the intent of increased transparency, might voice apprehension regarding how these audits could delay certification of results during close elections.

Contention

While the overall sentiment appears supportive of improved election integrity, contention arises concerning the logistics and methodology of these audits. Questions regarding how random samples will be selected, the thresholds for initiating audits, and the processes for ensuring transparency during audits remain areas of discussion. Furthermore, differences in opinion may manifest regarding the threshold for triggering a full hand count. The effectiveness and efficiency of these audits depend significantly on the established procedures, prompting ongoing dialogue among stakeholders about best practices.

Companion Bills

VA SB370

Same As Elections; local electoral boards & general registrars to perform certain risk-limiting audits, etc.

Similar Bills

CA AB507

Presidential electors.

CA SB389

State Water Resources Control Board: investigation of water right.

VA HB415

Criminal cases; sentencing by jury.

VA SB123

Criminal cases; sentencing by jury.

VA HB2308

Electoral board to meet to ascertain results; permitted period of adjournment.

VA HB998

Conduct of elections; electoral board to meet and ascertain results.

VA HB1238

Local electoral boards; certification and abstract of results, extends deadline.

VA HB63

Criminal cases; request for a jury to ascertain punishment.