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2020 Op. Va. Att'y Gen. 1 (2020)

handle is hein.sag/sagva0145 and id is 1 raw text is: COMMONWEALTH of VIRGINIA Office of the Attorney General Mark R. Herring 202 North Ninth Street Attorney General Richmond, Virginia 23219 804-786-2071 February 28, 2020 Fax 804-786-1991 Virginia Relay Services 800-828-1120 7-1-1 Mr. Charles W. Haney, Chairman Ms. Mary G. Turner, Secretary Electoral Board of Appomattox County 367 Virginia Avenue Post Office Box 8 Appomattox, Virginia 24522 Dear Mr. Haney and Ms. Turner: I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia. Issues Presented You request an interpretation of the phrase deemed to be employees of the county or city as used in reference to general registrars in § 24.2-122 of the Code of Virginia. Specifically, you ask whether this phrase means that a general registrar is subject to the policies and practices established by the governing body of the locality in which he or she serves, or whether the general registrar is solely subject to the authority of the electoral board for the locality. You also request an interpretation of the phrase shall be required to provide benefits to the general and assistant registrars and staff as provided to other employees of the locality as used in § 24.2-111. Specifically, you ask whether this phrase means that a locality is required to provide a general registrar with an annual raise in salary that is provided to certain other employees of the locality. You further ask whether this phrase means that a general registrar is entitled to the same leave retention perquisites extended to other employees of the locality. Applicable Law and Discussion Status of General Registrars as Employees of Localities In Virginia, an electoral board is appointed for each county and city by the chief judge of the judicial circuit serving the county or city.' Each electoral board appoints a general registrar who oversees voter registration and serves as director of elections for the locality.2 VA. CODE ANN. § 24.2-106(A) (Supp. 2019). 2 See VA. CODE ANN. § 24.2-114 (Supp. 2019) (setting out a non-exclusive list of the duties and powers of registrars).

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