Virginia 2025 Regular Session

Virginia House Bill HB1794 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		2025 SESSION
2	2
3		-	~~ENROLLED~~
	3	+	ENGROSSED
4	4
5		-	~~VIRGINIA ACTS OF ASSEMBLY -- CHAPTER~~
	5	+	25101115D
6	6
7		-	An Act to amend and reenact 24.2-506, 24.2-507, 24.2-510, 24.2-514, 24.2-515, 24.2-544, and 24.2-947.6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-947.6:1, relating to elections; primary dates; presidential year primaries.
	7	+	HOUSE BILL NO. 1794
8	8
9		-	[~~H 1794~~]
	9	+	House Amendments in [ ] - February 3, 2025
10	10
11		-	Approved
	11	+	A BILL to amend and reenact 24.2-506, 24.2-507, 24.2-510, [ 24.2-514, ] 24.2-515, 24.2-544, and 24.2-947.6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-947.6:1, relating to elections; primary dates; presidential year primaries.
	12	+
	13	+
	14	+
	15	+	Patron Prior to EngrossmentDelegate Helmer
	16	+
	17	+
	18	+
	19	+	Referred to Committee on Privileges and Elections
	20	+
	21	+
12	22
13	23		Be it enacted by the General Assembly of Virginia:
14	24
15		-	1. That 24.2-506, 24.2-507, 24.2-510, 24.2-514, 24.2-515, 24.2-544, and 24.2-947.6 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 24.2-947.6:1 as follows:
	25	+	1. That 24.2-506, 24.2-507, 24.2-510, [ 24.2-514, ] 24.2-515, 24.2-544, and 24.2-947.6 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 24.2-947.6:1 as follows:
16	26
17	27		24.2-506. Petition of qualified voters required; number of signatures required; certain towns excepted.
18	28
19	29		A. The name of any candidate for any office, other than a party nominee, shall not be printed upon any official ballots provided for the election unless he shall file along with his declaration of candidacy a petition therefor, on a form prescribed by the State Board, signed by the number of qualified voters specified in this subsection on and after January 1 of the year in which the general election is held, or on and after the day on which the writ of election is issued in the case of a special election, and listing the residence address of each such voter; however, petition signatures for candidates for any office elected in November of a presidential election year shall be signed on and after the date prescribed by the State Board pursuant to 24.2-544. Each signature on the petition shall have been witnessed by a person who is not a minor or a felon whose voting rights have not been restored and whose affidavit to that effect appears on each page of the petition. Each such person circulating a petition who is not a legal resident of the Commonwealth shall sign a statement on the affidavit that he consents to the jurisdiction of the courts of Virginia in resolving any disputes concerning the circulation of petitions, or signatures contained therein, by that person. The signatures of qualified voters collected by a nonresident petition circulator who fails to sign such statement, or who later fails to appear or produce documents when properly served with a subpoena to do so, shall not be counted towards the minimum number of signatures required pursuant to this subsection.
20	30
21	31		Each voter signing the petition may provide on the petition the last four digits of his social security number, if any; however, noncompliance with this requirement shall not be cause to invalidate the voter's signature on the petition.
22	32
23	33		The minimum number of signatures of qualified voters required for candidate petitions shall be as follows:
24	34
25	35		1. For a candidate for the United States Senate, Governor, Lieutenant Governor, or Attorney General, 10,000 signatures, including the signatures of at least 400 qualified voters from each congressional district in the Commonwealth;
26	36
27	37		2. For a candidate for the United States House of Representatives, 1,000 signatures;
28	38
29	39		3. For a candidate for the Senate of Virginia, 250 signatures;
30	40
31	41		4. For a candidate for the House of Delegates or for a constitutional office, 125 signatures;
32	42
33	43		5. For a candidate for membership on the governing body or elected school board of any county or city, 125 signatures; or if from an election district not at large containing 1,000 or fewer registered voters, 50 signatures;
34	44
35	45		6. For a candidate for membership on the governing body or elected school board of any town that has more than 3,500 registered voters, 125 signatures; or if from a ward or other district not at large, 25 signatures;
36	46
37	47		7. For a candidate for membership on the governing body or elected school board of any town that has at least 1,500 but not more than 3,500 registered voters, 50 signatures; or if from a ward or other district not at large, 25 signatures;
38	48
39	49		8. For a candidate for membership on the governing body or elected school board of any town that has fewer than 1,500 registered voters, no petition shall be required;
40	50
41	51		9. For a candidate for director of a soil and water conservation district created pursuant to Article 3 ( 10.1-506 et seq.) of Chapter 5 of Title 10.1, 25 signatures; and
42	52
43	53		10. For any other candidate, 50 signatures.
44	54
45	55		B. The State Board shall approve uniform standards by which petitions filed by a candidate for office, other than a party nominee, are reviewed to determine if the petitions contain sufficient signatures of qualified voters as required in subsection A.
46	56
47	57		The State Board of Elections, on or before January 1, 2020, shall revise its processes and associated regulations for reviewing and processing candidate petitions. Such revisions shall provide a process for checking petition signatures that includes a method for determining if a petition signature belongs to an individual whose prior registration has been canceled and the reason for such cancellation. The process shall provide for the tracking of such information associated with each petition. The process shall provide for the escalation of cases of suspected fraud to the electoral board, the State Board, or the office of the attorney for the Commonwealth, as appropriate.
48	58
49	59		C. If a candidate, other than a party nominee, does not qualify to have his name appear on the ballot by reason of the candidate's filed petition not containing the minimum number of signatures of qualified voters for the office sought, the candidate may appeal that determination within five calendar days of the issuance of the notice of disqualification pursuant to 24.2-612 or notice from the State Board that the candidate did not meet the requirements to have his name appear on the ballot.
50	60
51	61		Appeals made by candidates for a county, city, or town office shall be filed with the electoral board. Appeals made by candidates for all other offices shall be filed with the State Board. The appeal shall be heard by the State Board or the electoral board, as appropriate, within five business days of its filing. The electoral board shall notify the State Board of any appeal that is filed with the electoral board.
52	62
53	63		The State Board shall develop procedures for the conduct of such an appeal. The consideration on appeal shall be limited to whether or not the signatures on the petitions that were filed were reasonably rejected according to the requirements of this title and the uniform standards approved by the State Board for the review of petitions. Immediately after the conclusion of the appeal hearing, the entity conducting the appeal shall notify the candidate and, if applicable, the State Board, of its decision in writing. The decision on appeal shall be final and not subject to further appeal.
54	64
55	65		24.2-507. Deadlines for filing declarations and petitions of candidacy.
56	66
57	67		For any office, declarations of candidacy and the petitions therefor shall be filed according to the following schedule:
58	68
59	69		1. For a general election in November of a non- presidential election year, by 7:00 p.m. on the third Tuesday in June;
60	70
61	71		2. For a general election in November of a presidential election year, by 7:00 p.m. on the first Tuesday in March;
62	72
63	73		3. For a general election in May, by 7:00 p.m. on the first Tuesday in March;
64	74
65	75		3. 4. For a special election held at the same time as a November general election, either (i) at least 81 days before the election or (ii) if the special election is being held at the second November election after the vacancy occurred, by 7:00 p.m. on the third Tuesday in June before that November election;
66	76
67	77		4. 5. For a special election held at the same time as a May general election, by 7:00 p.m. on the first Tuesday in March; or
68	78
69	79		5. 6. For a special election held at a time other than a general election, (i) at least 60 days before the election or (ii) within five days of any writ of election or order calling a special election to be held less than 60 days after the issuance of the writ or order.
70	80
71	81		24.2-510. Deadlines for parties to nominate by methods other than primary.
72	82
73	83		For any office, nominations by political parties by methods other than a primary shall be made and completed in the manner prescribed by law according to the following schedule:
74	84
75	85		1. For a general election in November of a non-presidential election year, by 7:00 p.m. on the third Tuesday in June;
76	86
77	87		2. For a general election in November of a presidential election year, by 7:00 p.m. on the first Tuesday in March;
78	88
79	89		3. For a general election in May, by 7:00 p.m. on the first Tuesday in March;
80	90
81	91		3. 4. For a special election held at the same time as a November general election, either (i) at least 81 days before the election or (ii) if the special election is held at the second November election after the vacancy occurred, by 7:00 p.m. on the third Tuesday in June before that November election;
82	92
83	93		4. 5. For a special election held at the same time as a May general election, by 7:00 p.m. on the first Tuesday in March; or
84	94
85	95		5. 6. For a special election held at a time other than a general election, (i) at least 60 days before the election or (ii) within five days of any writ of election or order calling a special election to be held less than 60 days after the issuance of the writ or order.
86	96
87	97		In the case of all general elections a party shall nominate its candidate for any office by a nonprimary method only within the 47 days immediately preceding the primary date established for nominating candidates for the office in question. This limitation shall have no effect, however, on nominations for special elections or pursuant to 24.2-539.
88	98
89	99		24.2-514. To what nominations this article applies.
90	100
91	101		This article shall apply to the nomination of non-presidential candidates for offices by a direct primary held on the regular dates established in 24.2-515 and 24.2-544 for the conduct of primaries, and to no other nominations.
92	102
93	103		A primary is not authorized under this article to nominate presidential electors, nor to nominate candidates to fill vacancies unless the candidates for nomination to fill vacancies are to be voted for on the regular date set by this article for primaries.
94	104
95	105		24.2-515. Non-presidential election year primaries.
96	106
97	107		Primaries for the nomination of candidates for offices to be voted on at the general election date in November of any non-presidential election year shall be held on the third Tuesday in June next preceding such election, except that beginning with the year 2012 and in presidential election years thereafter, primaries to choose among presidential candidates may be held as provided in Article 7 ( 24.2-544 et seq.). Primaries for the nomination of candidates for offices to be voted on at the general election date in May shall be held on the first Tuesday in March next preceding such election.
98	108
99	109		24.2-544. Time presidential primaries to be held and completion of duties by officers of election; age qualifications for participation.
100	110
101	111		A. Primaries for the nomination of candidates for the office of President of the United States and any other candidates to be voted on at the November 2012 general election and the November general election in each presidential election year thereafter shall be held on the first Tuesday in March preceding the November general election.
102	112
103	113		B. The provisions of this title shall apply to the conduct of presidential election year primaries including the time limits applicable to notices and candidate filing deadlines and the closing of registration records before the primary. The State Board shall provide a schedule for the notices and filing deadlines by the August 1 prior to the March primary including a campaign finance disclosure report filing schedule adjusted to reflect the differences between the June date for other primaries and the March date for the presidential primary and primaries for the nomination of candidates for offices to be voted on at the general election date in May.
104	114
105	115		C. Notwithstanding any other provision of law to the contrary, any officer of election who serves at any election held on the first Tuesday in March shall be required to complete his official duties relating to that election whether or not he has been reappointed to serve for the ensuing year.
106	116
107	117		D. Notwithstanding any other provision of law to the contrary, any person who is otherwise qualified and will be 18 years of age on or before the day of the next November general election shall be permitted to register in advance of and also vote in any presidential primary and any other primary held on the same day.
108	118
109	119		24.2-947.6. Filing schedule for candidates for office; November elections in a non-presidential election year.
110	120
111	121		A. Any candidate for any office to be filled at a November general election in a non-presidential election year shall file the prescribed campaign finance reports as follows:
112	122
113	123		1. Not later than July 15 in a nonelection year for the period January 1 through June 30;
114	124
115	125		2. Not later than January 15 following a nonelection year for the period July 1 through December 31;
116	126
117	127		3. In an election year, not later than April 15 for the period January 1 through March 31 and pursuant to subdivisions 4 through 9 of this section;
118	128
119	129		4. Not later than the eighth day before the primary date complete through the twelfth day before the primary date;
120	130
121	131		5. Not later than July 15 complete through June 30;
122	132
123	133		6. Not later than September 15 complete through August 31;
124	134
125	135		7. Not later than October 15 complete through September 30;
126	136
127	137		8. Not later than the eighth day before the November election date complete through the twelfth day before the election date;
128	138
129	139		9. Not later than the thirtieth day after the November election date complete through the twenty-third day after the election date; and
130	140
131	141		10. Not later than January 15 following an election year complete through December 31, and then in accordance with subdivisions A 1 and A 2 or subdivisions A 3 through A 9, as appropriate, of this subsection until a final report is filed.
132	142
133	143		B. Any candidate, who was subject to the election year filing schedule set out in subdivisions A 3 through A 9 and who has not filed a final report, shall file reports in any subsequent election year for the same office in accordance with the election year filing schedule set out in subdivisions A 3 through A 9.
134	144
135	145		C. Any candidate shall also file any report of certain large contributions required by 24.2-947.9, if applicable.
136	146
137	147		24.2-947.6:1. Filing schedule for candidates for office; November elections in a presidential election year.
138	148
139	149		A. Any candidate for any office to be filled at a November general election in a presidential election year shall file the prescribed campaign finance reports as follows:
140	150
141	151		1. Not later than July 15 in a nonelection year for the period January 1 through June 30;
142	152
143	153		2. Not later than January 15 following a nonelection year for the period July 1 through December 31;
144	154
145	155		3. In an election year, not later than the eighth day before the primary date for the period January 1 through the twelfth day before the primary date and pursuant to subdivisions 4 through 9;
146	156
147	157		4.Not later than April 1 complete through March 15;
148	158
149	159		5. Not later than July 15 complete through June 30;
150	160
151	161		6. Not later than September 15 complete through August 31;
152	162
153	163		7. Not later than October 15 complete through September 30;
154	164
155	165		8. Not later than the eighth day before the November election date complete through the twelfth day before the election date;
156	166
157	167		9. Not later than the thirtieth day after the November election date complete through the twenty-third day after the election date; and
158	168
159	169		10. Not later than January 15 following an election year complete through December 31, and then in accordance with subdivisions 1 and 2 or subdivisions 3 through 9, as appropriate, until a final report is filed.
160	170
161	171		B. Any candidate, who was subject to the election year filing schedule set out in subdivisions A 3 through 9 and who has not filed a final report, shall file reports in any subsequent election year for the same office in accordance with the election year filing schedule set out in subdivisions A 3 through 9.
162	172
163	173		C. Any candidate shall also file any report of certain large contributions required by 24.2-947.9, if applicable.