The 2020 legislative session ended on March 12, a few days later than scheduled. Because many bills were passed at the very end of the session, the Governor had 30 days to act on most things. He may veto, sign or amend legislation.
The Governor signed some of the voting rights legislation that was passed, but suggested amendments to one piece of voting legislation. For the one that he amended, the bill now returns to the legislature for consideration during the “reconvened session,” on April 22, 2020. The legislature may accept the changes, in which case the bill becomes law on July 1, 2020. If the legislature rejects the changes, the Governor has another opportunity to either sign or veto the legislation.
Here at the voting bills we have been tracking – we will do a further update after the reconvened session next week:
Registration
HB 235 (Cole) and SB 219 (Marsden) were approved by the Governor on April 9, 2020. The new law removes obstacles to voter registration that had been added in recent years. Using information at the Department of Motor Vehicles, the law provides for automatic voter registration at the address on the driver’s license or state ID card, unless the person affirmatively declines to register. Registering to vote can be burdensome for people with disabilities with limited access to transportation. The new law will make registration easier for all voters.
Absentee Voting
There were three bills before the Governor concerning absentee voting. HB 207 (Van Valkenburg) was amended by the Governor. The proposed amendments do not appear to be material; we expect the General Assembly will accept them. HB 1 (Herring) and SB 111 (Howell) were approved by the Governor on April 11, 2020.
The three bills have essentially the same impact. Virginia’s new law relating to absentee voting will allow someone to vote absentee, in person or by mail, without stating a reason. Currently, people with disabilities may vote absentee but have to identify that they have a disability. The new law will ensure greater access to voting for individuals with disabilities and all voters. HB 207, if the changes are approved by the legislature, will also create a “permanent absentee voter” list – a voter can request to be added to the list so that the voter does not have to re-apply for an absentee ballot at every election.
Identification
HB 19 (Lindsay) and SB 65 (Locke) were approved by the Governor on April 10, 2020. The new law removes the very strict identification requirements that were added to Virginia code in recent years. Existing law limits the forms of identification that must be produced in order to vote, with a disproportionate negative impact on voters with disabilities and older voters who may not have a current driver’s license. The new law removes the strict requirements and provides instead a long list of possible forms of identification, including utility bills or government issued checks. If a voter does not possess any of those forms of identification, he or she may sign a sworn statement as to their identity and will then be granted the ability to vote.
The mission of the disAbility Law Center of Virginia is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.