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Statutory Responsibility of SBE, EBs and the GRs

Statutory Responsibility of SBE, EBs and the GRs. Overview of the Electoral System in Virginia Diffuse power U.S. and Va. Constitutions Va. Code Federal law. SBE. Role of the State Board Board makes policies Staff makes recommendations and implements Secretary is Agency Head

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Statutory Responsibility of SBE, EBs and the GRs

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  1. Statutory Responsibility of SBE, EBs and the GRs • Overview of the Electoral System in Virginia • Diffuse power • U.S. and Va. Constitutions • Va. Code • Federal law

  2. SBE • Role of the State Board • Board makes policies • Staff makes recommendations and implements • Secretary is Agency Head • Board adopts and they become regulations and/or guidelines • Supervise and Coordinate • Uniformity • Training of EBs and GRs • Require Certification of Training of Officers of Election • Required by law to make regs and policies • For uniformity, you have to follow them all, and you may not like every single one – the key thing is to stay involved in the process and provide input • Resort to Courts when necessary

  3. Electoral Boards • Electoral Boards • Central player in the Virginia electoral system • Conduct the elections, including absentee and provisional ballots • Code goes into great detail as to what this entails • Must provide info to SBE • Must follow SBE policies • Very passionate folks on all sides • FOIA – must follow strictly – you are being watched • Appoint GR • Conduct annual review of GR • Determine number of assistant registrars • Appoint Officers of Election • Train the officers

  4. General Registrars • Role of GR • Maintain voter registration records • Code goes into great detail as to what this entails • GR handbook prepared by SBE very helpful • Verify pollbooks • Attend annual training • Must follow SBE regs and provide info to SBE • Maintain an office and places for registration • Annual budget • Assist EB in conduct of the election • Including verifying voter registration, absentee and provisional ballots • Special rules for UOCAVA voters in terms of duration and means of registration

  5. Some recent lessons • If things go wrong • Ask for help • SBE ready to answer questions • There are no dumb questions and the sooner the better • OAG represents SBE, not EBs or GRs • Don’t invent procedures • Official opinion • Secretary of EB • Can call first for informal opinion

  6. The Code Controls • When things go really wrong • 24.2-103 C – • Removal of EB or petition EB to remove GR • SBE can petition a circuit court or Supreme Court for mandamus and prohibition • 24.2-104 • Two methods of investigation

  7. There Are Consequences • If things go worse or deliberate acts • 24.2-230 et seq. – Removal • 24.2-1000 - Bribery • 24.2-1001 – Willful neglect, corrupt conduct • 24.2-1017 – Catch all

  8. Thank you • Although we are counsel to SBE, we are always happy to talk to try to help the process • jlief@oag.state.va.us • 804-786-3344

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