Title of Regulation: 1VAC20-40. Voter Registration (amending 1VAC20-40-10; adding 1VAC20-40-90).

Statutory Authority: §§ 24.2-103 and 24.2-404 of the Code of Virginia; 42 USC 1973gg-6.

Public Hearing Information:

May 14, 2014 - 9 a.m. - General Assembly Building, 201 North Ninth Street, House Room C, Richmond VA

Public Comment Deadline: May 12, 2014.

Agency Contact: Myron McClees, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8949, FAX (804) 786-0760, or email myron.mcclees@sbe.virginia.gov.

Background: Pursuant to Chapter 725 of the 2013 Acts of Assembly, which requires a new voter identification standard effective July 1, 2014, the State Board of Elections is proposing amendments to its voter registration regulations related to the creation of voter photo identification cards. Subdivision A 3 of § 24.2-404 of the Code of Virginia requires that the State Board of Elections provide a card bearing a voter's photograph to any requesting registered voter who does not already possess one of the acceptable identification cards listed in subsection B of § 24.2-643 of the Code of Virginia.

Summary:

The proposed amendments (i) establish the situations when a voter can request a voter photo identification card and the requirements that a voter must meet prior to the issuance of a card; (ii) provide that general registrars may, but are not required to, solicit applications for voter photo identification cards outside of their general registrars' offices; (iii) provide guidance for the issuance of a temporary identification document and for replacement cards; and (iv) contain a provision stating that a person's inclusion in the Department of Motor Vehicles database does not exclude such person from receiving a voter photo identification card; and (v) designate applications for voter photo identification cards as registration records unavailable for public inspection but retained by the general registrars for a period of time.

Article 1
General Provisions

1VAC20-40-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Abode" or "place of abode" means a physical place where a person dwells. One may have multiple places of abode, such as a second home.

"Address" or "residence address" for purposes of voter registration and address confirmation means the address of residence in the precinct required for voter registration. An alternative mailing address may be included on a voter registration application when: (i) the residence address of the applicant cannot receive mail; or (ii) the voter is otherwise eligible by law to provide an alternative mailing address. Alternative mailing addresses must be sufficient to enable the delivery of mail by the United States Postal Service. The post office box for published lists may be provided either by the United States Postal Service or a commercial mail receiving agency (CMRA) described in the United States Postal Service Domestic Mail Manual.

"Domicile" means a person's primary home, the place where a person dwells and which he considers to be the center of his domestic, social, and civil life. Domicile is primarily a matter of intention, supported by an individual's factual circumstances. Once a person has established domicile, establishing a new domicile requires that he intentionally abandon his old domicile. For any applicant, the registrar shall presume that domicile is at the address of residence given by the person on the application. The registrar shall not solicit evidence to rebut this presumption if the application appears to be legitimate, except as provided in 1VAC20-40-40 B and C.

"Residence," "residency," or "resident" for all purposes of qualification to register and vote means and requires both domicile and a place of abode.

"Voter photo identification card" means the official voter registration card containing the voter's photograph and signature referenced in § 24.2-404 A 3 of the Code of Virginia.

1VAC20-40-90. Voter photo identification cards.

A. Pursuant to the requirements of § 24.2-404 of the Code of Virginia, a voter who does not have an acceptable form of identification listed in § 24.2-643 of the Code of Virginia may obtain a voter photo identification card free of charge through any general registrar's office if:

1. The voter completes and signs a voter identification card application form;

2. The voter's information is correct in the voter registration system;

3. A photograph of the voter is taken by the general registrar or the registrar's designated staff; and

4. The voter's signature is captured by the general registrar or the registrar's designated staff.

B. Any voter applying for the voter photo identification card whose record in the voter registration system is materially inaccurate or incomplete will be issued a card after the information has been corrected and updated within the system. Such voter may be provided with a temporary identification document if the voter's application for the voter photo identification card is made after the deadline for registering to vote in the next most proximate election in which the voter is eligible to vote. The temporary identification document shall be considered an acceptable form of identification and is valid for 30 days after its issuance.

C. A person who is unregistered may apply for a voter photo identification card, and will be provided with the card upon approval of the submitted application for voter registration. A person who is unregistered may not be provided with a temporary identification document.

D. General registrars may solicit applicants for voter photo identification cards at locations other than their offices. No general registrar shall be required to offer this service.

E. A voter's inclusion in the Department of Motor Vehicle's database will not exclude such person from being eligible to receive a voter photo identification card so long as the person affirms he is not in possession of the identification document.

F. A voter may request a replacement voter photo identification card if (i) the original card is damaged, lost, or stolen; (ii) the voter's appearance has changed substantially; or (iii) eight years have elapsed since the issuance date upon the card.

G. Applications for voter photo identification cards shall be (i) considered "registration records," as defined in § 24.2-101 of the Code of Virginia; (ii) unavailable for public inspection as provided in § 24.2-444 C of the Code of Virginia; and (iii) retained by the registrar as provided by subdivision 8 of § 24.2-114 and the applicable Library of Virginia retention schedule for local election records.

FORMS (1VAC20-40)

Virginia Voter Registration Application Form, VA-NVRA-1 (rev. 02/10)

National Voter Registration Application Form, Register to Vote in Your State by Using this Postcard Form and Guide (rev. 3/06)

Federal Post Card Application (FPCA), Voter Registration and Absentee Ballot Request, Standard Form 76 (rev. 08/11)

Federal Write-In Absentee Ballot (FWAB), Voter's Declaration/Affirmation, Standard Form 186 (rev. 08/11)

Voter Photo Identification Card Application (undated)