About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most