HB 1890

  • Virginia House Bill
  • 2021 Regular Session
  • Introduced in House Jan 08, 2021
  • Passed House Feb 01, 2021
  • Passed Senate Feb 25, 2021
  • Became Law Apr 07, 2021

Discrimination; prohibited in voting and elections administration, etc.

Abstract

Elections; prohibited discrimination in voting and elections administration; required process for enacting certain covered practices; civil causes of action. Prohibits any voting qualification or any standard, practice, or procedure related to voting from being imposed or applied in a manner that results in the denial or abridgment of the right of any United States citizen to vote based on his race or color or membership in a language minority group. The bill further prohibits at-large methods of election from being imposed or applied in a locality in a manner that impairs the ability of a protected class, defined in the bill, to elect candidates of its choice or to influence the outcome of an election, by diluting or abridging the rights of voters who are members of a protected class. Prior to enacting or administering a covered practice, defined in the bill, the governing body of a locality is required to publish the proposed covered practice and accept public comment for a minimum of 30 days on the proposed covered practice; after the public comment period, a 30-day waiting period is required. During this period, any person who will be subject to or affected by the covered practice may challenge the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. The bill permits the local governing body to instead submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection and, once such certification is issued, to enact or administer the covered practice. Certain unlawful actions, including knowingly communicating false information to voters, that are currently subject to criminal penalties will create civil causes of action under the bill. The bill authorizes the Attorney General to commence civil actions when there is reasonable cause to believe that a violation of an election law has occurred and the rights of any voter or group of voters have been affected by the violation. Civil penalties assessed as a result of such action are payable to the Voter Education and Outreach Fund, established by the bill. Current provisions related to language minority accessibility are moved to a newly created chapter relating to the rights of voters.

Elections; prohibited discrimination in voting and elections administration; required process for enacting certain covered practices; civil causes of action. Prohibits any voting qualification or any standard, practice, or procedure related to voting from being imposed or applied in a manner that results in the denial or abridgment of the right of any United States citizen to vote based on his race or color or membership in a language minority group. The bill further prohibits at-large methods of election from being imposed or applied in a locality in a manner that impairs the ability of a protected class, defined in the bill, to elect candidates of its choice or to influence the outcome of an election, by diluting or abridging the rights of voters who are members of a protected class. Prior to enacting or administering a covered practice, defined in the bill, the governing body of a locality is required to publish the proposed covered practice and accept public comment for a minimum of 30 days on the proposed covered practice; after the public comment period, a 30-day waiting period is required. During this period, any person who will be subject to or affected by the covered practice may challenge the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. The bill permits the local governing body to instead submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection and, once such certification is issued, to enact or administer the covered practice. Certain unlawful actions, including knowingly communicating false information to voters, that are currently subject to criminal penalties will create civil causes of action under the bill. Current provisions related to language minority accessibility are moved to a newly created chapter relating to the rights of voters.

Bill Sponsors (21)

Votes


Actions


Apr 07, 2021

House

Placed on Calendar

House

Enacted, Chapter 533 (effective - see bill)

Senate

Signed by President as reenrolled

House

Signed by Speaker as reenrolled

House

Reenrolled bill text (HB1890ER2)

House

Reenrolled

Office of the Governor

Governor's recommendation adopted

Senate

Senate concurred in Governor's recommendation (21-Y 19-N)

House

VOTE: Adoption (55-Y 45-N)

House

House concurred in Governor's recommendation (55-Y 45-N)

Mar 31, 2021

House

Governor's recommendation received by House

Mar 15, 2021

Office of the Governor

Governor's Action Deadline 11:59 p.m., March 31, 2021

House

Enrolled Bill communicated to Governor on March 15, 2021

Mar 11, 2021

House

Signed by Speaker

Mar 10, 2021

House

Impact statement from DPB (HB1890ER)

Mar 09, 2021

Senate

Signed by President

House

Enrolled

Feb 25, 2021

Senate

Passed Senate (21-Y 18-N)

Senate

Read third time

Feb 24, 2021

Senate

Constitutional reading dispensed (39-Y 0-N)

Feb 22, 2021

Senate

Reported from Finance and Appropriations (10-Y 4-N)

Feb 16, 2021

Senate

Reported from Privileges and Elections (8-Y 5-N)

Senate

Rereferred to Finance and Appropriations

Feb 05, 2021

Senate

Continued to 2021 Sp. Sess. 1 in Privileges and Elections (15-Y 0-N)

Feb 03, 2021

House

Impact statement from DPB (HB1890H1)

House

Impact statement from DHCD/CLG (HB1890)

Feb 02, 2021

Senate

Referred to Committee on Privileges and Elections

Senate

Constitutional reading dispensed

Feb 01, 2021

House

Read third time and passed House (55-Y 45-N)

House

VOTE: Passage (55-Y 45-N)

Jan 29, 2021

House

Committee substitute agreed to 21103495D-H1

House

Engrossed by House - committee substitute HB1890H1

House

Read second time

Jan 28, 2021

House

Read first time

Jan 27, 2021

House

House committee, floor amendments and substitutes offered

House

Substitute bill reprinted 21103495D-H1

House

Impact statement from VCSC (HB1890H1)

House

Committee substitute printed 21103495D-H1

House

Reported from Privileges and Elections with substitute (13-Y 9-N)

Jan 22, 2021

House

House subcommittee amendments and substitutes offered

House

Subcommittee recommends reporting with substitute (4-Y 2-N)

Jan 21, 2021

House

Impact statement from DPB (HB1890)

Jan 19, 2021

House

Impact statement from VCSC (HB1890)

Jan 14, 2021

House

Assigned P & E sub: Voting Rights

Jan 08, 2021

House

Referred to Committee on Privileges and Elections

House

Prefiled and ordered printed; offered 01/13/21 21102178D

Bill Text

Bill Text Versions Format
Prefiled and ordered printed; offered 01/13/21 21102178D HTML
HB1890H1 HTML
HB1890ER HTML
HB1890ER2 HTML
CHAP0533 HTML

Related Documents

Document Format
Fiscal Impact Statement: HB1890FH1122.PDF PDF
Fiscal Impact Statement: HB1890F164.PDF PDF
Fiscal Impact Statement: HB1890FH1160.PDF PDF
Fiscal Impact Statement: HB1890F122.PDF PDF
Fiscal Impact Statement: HB1890F160.PDF PDF
Amendment: HB1890AG HTML

Sources

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