Electoral reform in Virginia


Electoral reform in Virginia refers to efforts to change the electoral system in the Commonwealth of Virginia. Virginia has undergone much electoral change since its settling in 1607, many of which were required by federal legislation. However, it remains a relatively conservative state in this respect compared to California and others which have experimented with various alternative systems.

Direct election of U.S. Senators

Originally, U.S. Senators were chosen by the Virginia General Assembly. On February 19, 1914, legislation was introduced in the Virginia House of Delegates calling for the direct election of United States senators by the voters of Virginia. This followed enactment of the Seventeenth Amendment to the United States Constitution on April 8, 1913. Virginia had not voted to ratify the amendment.

Ballot access

There have been many changes designed to make the electoral system more favorable to third parties. These included allowing write-in ballots in U.S. presidential elections. In 1998, SB 316 was passed, changing the number of signatures required for ballot access as follows:
Currently, the ballot access requirements are as follows:
In 2003, FairVote's analysis of Virginia's voting systems determined that amendments to the Constitution of Virginia might be required to implement instant runoff voting in statewide executive elections. § 24.2-673 of the Code of Virginia appears to require use of the plurality system in local executive office elections
HB 2739, a bill to implement instant runoff voting statewide, was introduced by Del. William K. Barlow in 2003 but stricken at his request. In 2004, Barlow introduced HB 956, a bill to allow IRV on a test basis in localities; it died in committee. However, Barlow remained confident that "instant runoff is going to happen soon". Virginians for Instant Runoff Voting organized in 2006 and launched plans to implement the system in more student government elections. IRV is used in single-winner student government elections at the University of Virginia, as promulgated in III of the Spring 2007 University Board of Elections Rules and Regulations. UVA's use of the system predates VIRV's formation.
Bills to join the National Popular Vote Interstate Compact were introduced in 2007, but they died in committee. A bill to study Virginia's methods of allocating electoral votes also died in committee. Virginia was considered a swing state in the 2012 U.S. Presidential election.
Approval voting appears to be prohibited by laws defining an "overvote" as follows: "'Overvote' means a ballot on which a voter casts a vote for a greater number of candidates or positions than the number for which he was lawfully entitled to vote and no vote shall be counted with respect to that office or issue".
Presently, constitutional plurality is required for statewide executive offices, single transferable vote can be implemented for state House and Senate elections by appropriate legislation, and local governments can implement single transferable vote for their local legislatures and for school board elections.

Balloting methods

2007 also saw increased interest in voter verified paper ballots and other measures to regulate electronic voting machines. A bill to establish a pilot project to audit electronic equipment died in committee. HB 2707 was passed, requiring the phaseout of direct recording electronic devices and prohibiting wireless communication with voting machines. Voting equipment that has been used in Virginia includes Marksense tabulators and DRE.
Absentee ballot rights have been expanded in recent years as well. However, a bill to grant absentee ballots without requiring an excuse was defeated in 2006 and again in 2007, as was a bill to allow pregnant women to vote absentee. One of the following excuses is required:
The voting age of 18 set by Article II, Section 1 of Constitution of Virginia.

Initiative and referendum

can be submitted to the people only when authorized by statute or charter. The code specifies numerous types of referenda that voters may petition for, such as a referendum to abolish a county police force. With those exceptions, however, voters cannot propose their own referenda. In 1914, an I&R bill was passed by the House of Delegates but failed in the Senate. The Hampton, Virginia city charter has an I&R provision, however.

Redistricting

Redistricting is overseen by the Joint Reapportionment Committee consisting of House and Senate Privileges and Elections Committee members appointed by those committees' chairs. Democrats controlled the Virginia General Assembly for decades, but Republicans gained control at the close of the 20th century and have used their power to gerrymander districts in their favor, just as the Democrats did. Proposals to establish a redistricting commission or put redistricting in the hands of retired judges have failed. In 2007, a bill was introduced to draw district lines on the basis of political subdivisions and to ban the consideration of incumbency; this bill died in committee.

Prospects for future reform

Any statewide electoral reform bill must be approved by Privileges and Elections committees in the Virginia House of Delegates and Virginia Senate. Lacey Putney, chair of the House committee, has been reluctant to embrace major changes to the system. Important players in the electoral reform movement include Virginia resident and former Libertarian Party national chair Bill Redpath and others associated with FairVote.