SB1395
Discrimination; prohibited in voting and elections administration, etc.
Summary
As Passed House of Origin. 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 ... (More) 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. (Less)-
Bill History
- 01/13/2021 - Senate: Prefiled and ordered printed; offered 01/13/21 21102738D
- 01/13/2021 - Senate: Referred to Committee on Privileges and Elections
- 01/19/2021 - Senate: Impact statement from VCSC (SB1395)
- 01/21/2021 - Senate: Impact statement from DPB (SB1395)
- 01/26/2021 - Senate: Reported from Privileges and Elections with substitute (9-Y 6-N)
- 01/26/2021 - Senate: Committee substitute printed 21103648D-S1
- 01/26/2021 - Senate: Rereferred to Finance and Appropriations
- 01/26/2021 - Senate: Senate committee, floor amendments and substitutes offered
- 01/27/2021 - Senate: Impact statement from VCSC (SB1395S1)
- 02/03/2021 - Senate: Senate committee, floor amendments and substitutes offered
- 02/03/2021 - Senate: Reported from Finance and Appropriations with substitute (10-Y 4-N 2-A)
- 02/03/2021 - Senate: Committee substitute printed 21103866D-S2
- 02/03/2021 - Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/04/2021 - Senate: Read second time
- 02/04/2021 - Senate: Reading of substitute waived
- 02/04/2021 - Senate: Committee substitute rejected 21103648D-S1
- 02/04/2021 - Senate: Reading of substitute waived
- 02/04/2021 - Senate: Committee substitute agreed to 21103866D-S2
- 02/04/2021 - Senate: Engrossed by Senate - committee substitute SB1395S2
- 02/05/2021 - Senate: Read third time and passed Senate (21-Y 17-N) Close Floor Vote
- 02/05/2021 - Senate: Impact statement from DHCD/CLG (SB1395)
- 02/05/2021 - Senate: Impact statement from DPB (SB1395S1)
- 02/05/2021 - Senate: Impact statement from DPB (SB1395S2)
- 02/07/2021 - House: Placed on Calendar
- 02/07/2021 - House: Read first time
- 02/07/2021 - House: Referred to Committee on Privileges and Elections
- 02/08/2021 - House: Continued to Special Session 1 in Privileges and Elections
- 02/10/2021 - House: Reported from Privileges and Elections (13-Y 9-N)
- 02/12/2021 - House: Read second time
- 02/15/2021 - House: Read third time
- 02/15/2021 - House: Passed House (55-Y 45-N)
- 02/15/2021 - House: VOTE: Passage (55-Y 45-N) Close Floor Vote
- 02/17/2021 - Senate: Enrolled
- 02/17/2021 - Senate: Bill text as passed Senate and House (SB1395ER)
- 02/17/2021 - Senate: Impact statement from DPB (SB1395ER)
- 02/17/2021 - Senate: Signed by President
- 02/18/2021 - House: Signed by Speaker
- 02/22/2021 - Senate: Enrolled Bill Communicated to Governor on February 22, 2021
- 02/22/2021 - Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
- 03/31/2021 - Senate: Governor's recommendation received by Senate
- 04/07/2021 - Senate: Senate concurred in Governor's recommendation (21-Y 19-N) Close Floor Vote
- 04/07/2021 - House: House concurred in Governor's recommendation (55-Y 45-N)
- 04/07/2021 - House: VOTE: Agree To (55-Y 45-N) Close Floor Vote
- 04/07/2021 - Governor: Governor's recommendation adopted
- 04/07/2021 - Senate: Reenrolled
- 04/07/2021 - Senate: Reenrolled bill text (SB1395ER2)
- 04/07/2021 - House: Signed by Speaker as reenrolled
- 04/07/2021 - Senate: Signed by President as reenrolled
- 04/07/2021 - House: Enacted, Chapter 528 (effective - see bill)
- 04/07/2021 - Governor: Acts of Assembly Chapter text (CHAP0528)
