Virginia House Bill HB2242

Virginia 2023 Regular Session

• Introduced: 1/11/23
• Refer: 1/11/23

Caption

Elections administration; requests made pursuant to Virginia Freedom of Information Act.

Impact

The amendment aims to balance the need for transparency in election administration with the practical considerations surrounding election timeframes. By deferring responses during critical election-related phases, the bill acknowledges the heightened workload and the complexities that come with conducting elections. This could lead to more organized handling of FOIA requests but may also delay public access to information during key electoral processes. Supporters believe that this will ensure that electoral staff can focus on their responsibilities without the distraction of responding to information requests, while critics might argue that it could hinder transparency.

Summary

House Bill 2242 amends the Code of Virginia to address the response timeline for requests made under the Virginia Freedom of Information Act (FOIA) specifically concerning elections. The bill stipulates that local electoral boards and general registrars must respond to requests related to elections; however, it introduces a deferment period for such responses, which will be tolled during specific election periods. If a request pertains to a previously conducted election and is received during the absentee voting period or within ten days after election certification, the response time will be extended to account for any pending recounts.

Contention

Points of contention surrounding HB2242 may include the appropriateness of deferring responses under the FOIA during election times and the potential implications for voter information access. Critics argue that delaying responses could limit public oversight and accountability in election processes. Furthermore, there may be concerns regarding how this could set a precedent for future legislative measures impacting transparency and information access in different areas of governance. Proponents of the bill assert that it is necessary for ensuring orderly electoral procedures and does not impede the underlying principles of the FOIA.