HB 761

            
2020 SESSION


20106652D

HOUSE BILL NO. 761

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee on Privileges and Elections

on January 31, 2020)

(Patron Prior to Substitute--Delegate VanValkenburg)

A BILL to amend the Code of Virginia by adding a section
numbered 24.2-304.1:1, relating to elections; preclearance of certain covered
practices required.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section
numbered 24.2-304.1:1 as follows:

� 24.2-304.1:1. Preclearance of certain covered practices.

A. For purposes of this section:

"Covered jurisdiction" means any county, city, or
town that is determined pursuant to subsection E to have a voting age population
that contains two or more racial or ethnic groups, each constituting at least
20 percent of its voting age population. 

"Covered practice" means:

1. Any change to the method of election of members of a
governing body or an elected school board by adding seats elected at large or
by converting one or more seats elected from a single-member district to one or
more at-large seats or seats from a multi-member district;

2. Any change, or series of changes within a 12-month
period, to the boundaries of the covered jurisdiction that reduces by more than
five percentage points the proportion of the jurisdictions voting age
population that is composed of members of a single racial or language minority
group, as determined by the most recent American Community Survey data;

3. Any change to the boundaries of election districts or
wards in the covered jurisdiction or to the boundary lines of the covered
jurisdiction; 

4. Any change that restricts the ability of any person to
provide interpreter services to voters in any language other than English or
which limits or impairs the creation or distribution of voting materials in any
language other than English; or 

5. Any change that reduces the number of or consolidates or
relocates polling places in the covered jurisdiction, except where permitted by
law in the event of an emergency. 

B. Prior to enacting or seeking to administer any voting
qualification or prerequisite to voting, or any standard, practice, or
procedure with respect to voting, that is a covered practice, the governing
body of a covered jurisdiction shall either (i) institute an action in the
circuit court for the jurisdiction for a declaratory judgment that the covered
practice neither has the purpose or effect of denying or abridging the right to
vote on account of race or color or membership in a language minority group nor
will it result in the retrogression in the position of members of a racial or
ethnic group with respect to their effective exercise of the electoral
franchise or (ii) submit such covered practice to the Office of the Attorney
General for issuance of a certification that no objection exists to the
enactment or administration by the covered jurisdiction of the covered
practice.

The Attorney General, or any aggrieved citizen whose
opportunity to vote is affected by a covered practice that has been enacted or
administered by a covered jurisdiction, may institute an action in the circuit
court of the covered jurisdiction to compel the governing body of such
jurisdiction to institute an action for a declaratory judgment or to seek
issuance of a certification of no objection pursuant to this subsection.

C. No qualification, prerequisite, standard, practice, or
procedure that is a covered practice shall be given effect until the circuit court
has entered such judgment or the Attorney General has issued such
certification. A certification of no objection shall be deemed to have been
issued if the Attorney General does not interpose an objection within 60 days
of the governing bodys submission, or if, upon good cause shown and to
facilitate an expedited approval within 60 days of the governing bodys
submission, the Attorney General has affirmatively indicated that no such
objection will be made. 

Neither an affirmative indication by the Attorney General
that no objection will be made, nor the Attorney Generals failure to object,
nor a declaratory judgment entered by the circuit court pursuant to this
section shall bar a subsequent action to enjoin enforcement of such
qualification, prerequisite, standard, practice, or procedure. In the event
that the Attorney General affirmatively indicates that no objection will be
made within the 60-day period following the receipt of the governing bodys
submission, the Attorney General may reserve the right to reexamine the
submission if additional information that would otherwise require objection in
accordance with this section comes to his attention during the remainder of the
60-day period.

D. In the event the Attorney General objects to a covered
practice submitted by a covered jurisdiction, the governing body of such
jurisdiction may file an appeal in the circuit court of the jurisdiction.

In the event the Attorney General issues a certification of
no objection to a covered practice submitted by a covered jurisdiction, any
aggrieved citizen whose opportunity to vote is affected by the covered practice
may file an action in the circuit court of the jurisdiction to appeal the
Attorney Generals issuance of a certification of no objection.

In any action filed pursuant to this subsection, the
circuit court shall enjoin the enactment or administration of the covered
practice that is the subject of the action, unless it determines that the
covered practice neither has the purpose or effect of denying or abridging the
right to vote on account of race or color or membership in a language minority
group nor will it result in the retrogression in the position of members of a
racial or ethnic group with respect to their effective exercise of the
electoral franchise.

E. As early as practicable each calendar year, the Attorney
General shall, in consultation with the State Board of Elections and other
relevant agencies of the executive branch, determine which counties, cities, and
towns in the Commonwealth have a voting age population that contains two or
more racial or ethnic groups, each constituting at least 20 percent of the
voting age population of the county, city, or town, and are therefore subject
to the requirements of this section. The Attorney General shall publish the
list of these counties, cities, and towns on a website established and
maintained for this purpose. A determination made pursuant to this subsection
shall be effective upon publication.