Virginia Beach legislators – freshman Del. Scott Taylor and veteran Sen. Frank Wagner – have two interesting bills filed for this upcoming session of the General Assembly which would, unless the Defense Department changes its rules for active duty service members, all but end the convention nominating process.
First, Taylor’s HB194:
Party nomination methods. Provides that no political party shall determine its candidates for statewide or General Assembly district office by a method that prohibits absentee ballots from being cast by uniformed-service voters or otherwise eligible voters who are employed overseas under a contract with the U.S. Department of Defense.
Next, Wagner’s SB507:
Party nomination methods. Provides that no political party shall determine its candidates for statewide or General Assembly district office by a method that has the practical effect of excluding participation by active duty personnel and military reservists or by individuals unable to attend meetings because of military service-related injuries, regardless of duty station or location.
Both bills, regardless of Taylor’s being restricted to absentee ballots, take the premise that military personnel shall not be restricted from the nomination process.
Should either of these bills become law, than the commonwealth of Virginia and any recognized political party will be required by law to hold a nominating process that permits military participation (Taylor’s requiring absentee ballots).
However, ballots cannot be issued to military members for conventions and here’s why: The Department of Defense already restricts military participation in this activity.
From DoD Directive 1344.10:
4.1.2. A member of the Armed Forces on active duty shall not:
4.1.2.1. Participate in partisan political fundraising activities (except as permitted in subparagraph 4.1.1.7.), rallies, conventions (including making speeches in the course thereof), management of campaigns, or debates, either on one’s own behalf or on that of another, without respect to uniform or inference or appearance of official sponsorship, approval, or endorsement. Participation includes more than mere attendance as a spectator. (See subparagraph 4.1.1.9.) [emph. added]
In other words, military personnel are already restricted from being delegates (ie “voting”) in conventions – should they be following the letter of DoD regulation (which is more restrictive than the Hatch Act).
Should Taylor’s bill pass, absentee ballots must be issued to DoD personnel…but they can’t participate in conventions.
Should Wagner’s bill pass, since military outright can’t participate in conventions per DoD regs, conventions can’t be held.
So, should either of these bills pass, unless DoD changes its rule, the way I read it, the convention nominating process in Virginia is all but dead.
