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SB 364STATE · VirginiaIntroduced

Elections; protection of election officials, penalty.

Elections; protection of election officials; penalty. Adds current or former status as an election official or employee of an election official to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also adds current or former status as an election official or employee of an election official to the categories of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police. The bill provides that a person who is subjected to acts of intimidation or harassment, violence directed against his person, or vandalism to his real or personal property, where such acts are motivated by current or former status as an election official or employee of an election official, may bring a civil action to recover his damages. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of current or former status as an election official or employee of an election official. The bill also adds to the list of protected voters any election official or employee of an election official. Protected voters are permitted by law to provide on the application for voter registration, in addition to the voter's residence street address, a post office box address located within the Commonwealth, which would be the address included on (i) lists of registered voters and persons who voted, (ii) voter registration records made available for public inspection, and (iii) lists of absentee voter applicants. The bill also makes it a Class 5 felony to hinder or prevent an election official or employee of an election official from administering elections. Under current law, it is only a Class 5 felony to hinder or prevent an officer of election at a location being used for voting from holding an election.

Voted: 4/17/2024

How representatives voted

271 yea·152 nay·8 other

Action history

  • 4/17/2024Acts of Assembly Chapter text (CHAP0787)
  • 4/17/2024Enacted, Chapter 787 (effective 7/1/24)
  • 4/17/2024Signed by Speaker as reenrolled
  • 4/17/2024Signed by President as reenrolled
  • 4/17/2024Reenrolled bill text (SB364ER2)
  • 4/17/2024Reenrolled
  • 4/17/2024Governor's recommendation adopted
  • 4/17/2024VOTE: Adoption (52-Y 47-N)
  • 4/17/2024House concurred in Governor's recommendation (52-Y 47-N)
  • 4/17/2024Senate concurred in Governor's recommendation (40-Y 0-N)