The Privileges and Elections Committee advanced Senate Bill 945 on Feb. 14, approving a substitute that establishes a written appeals process for civil penalties tied to campaign finance violations, by a vote of 21-0.

The substitute requires the State Board of Elections to issue a written opinion for each appeal that includes the facts presented, the board's decision and the rationale for that decision; the opinion must be posted on the Department of Elections website and mailed to the petitioner no later than 21 days after the conclusion of the appeal hearing. The substitute also states the decision on appeal is final and not subject to further appeal.

Senator DeStef, who introduced the bill, said the measure responds to cases in which candidates missed a filing deadline because of extraordinary circumstances such as active military deployment or family emergency. "It's a simple appeal, simple bill that allows for the appeals process for the civil penalties when it comes to campaign finance," DeStef said.

Staff counsel described the substitute text, saying it replaces existing subsection D to require publication of the board's written opinion, the mailing requirement within 21 days and that the decision is final.

Joan Port of the League of Women Voters of Virginia testified in favor of the substitute, saying the current penalty provisions lack an appeals path and that the change "will offer reassurance for redress." "This appeals process will offer reassurance for redress, and we thank you," Port said.

The committee adopted the substitute and then voted to report the bill out of committee with the substitute. Committee members noted the committee had considered a version of the measure last year and added the substitute both to set a timeframe and to create a written record of decisions.

The bill, as substituted, applies to civil penalties under the state's campaign finance reporting rules and creates a final administrative appeals disposition to be published and mailed as described; the substitute also removes further judicial appeals from the statutory process for these appeals per the text adopted by the committee.

The committee's action sends the substituted SB 945 forward for further consideration by the full legislature.