Vol. 31 Iss. 21 - June 15, 2015

Chapter 40
Proposed Regulation

REGISTRAR'S NOTICE: The State Board of Elections is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 B 8 of the Code of Virginia, which exempts agency action relating to the conduct of elections or eligibility to vote.

Title of Regulation: 1VAC20-40. Voter Registration (amending 1VAC20-40-70).

Statutory Authority: § 24.2-103 of the Code of Virginia.

Public Hearing Information:

July 28, 2015 - 8 a.m. - Double Tree by Hilton, James River Ballroom, 1024 Koger Center Boulevard, Richmond, VA 23235

Public Comment Deadline: July 15, 2015.

Agency Contact: Martha Brissette, Policy Analyst, Department of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8925, FAX (804) 371-0194, or email


The proposed amendments (i) expand the list of omissions not considered material for purposes of determining completeness of the voter registration application; (ii) address the use of the voter registration application to change the name or address of the voter; and (iii) make a technical change to reflect the establishment of the Department of Elections.

1VAC20-40-70. Applications for voter registration; affirmation of United States citizenship.

A. Form and signature.

1. Applications for voter registration shall be on a form approved by the State Board of Elections or appropriate federal agency.

2. Applications for voter registration must be signed by the applicant. If the applicant is unable to sign due to a physical disability, the name and address of the person assisting the voter shall be entered on the application according to the form instructions. A signature is required by each applicant for voter registration unless the applicant is an individual with physical disabilities. An applicant with physical disabilities who does not sign the form must indicate physical disability in Box 7 or the application will be denied.

B. Material omissions on applications for voter registration in general. The following omissions are not material if any of the following, or combination thereof, exists and a voter registration application may not be denied for failure to include one or more of the following:

1. Daytime telephone number;

2. Description of a rural address;

3. 2. Mailing address different from residence address;

4. 3. Date of the application;

5. Whether the applicant is interested in working as an election official 4. Response indicating interest in serving as an election officer;

6. Whether the applicant requests to have his residence address excluded from published lists 5. Protected voter code;

7. Whether the applicant has a disability that requires accommodation in order to vote 6. Response indicating the applicant has a physical disability; or

8. 7. Gender.;

8. Social security number if the applicant writes "none" in Box 1;

9. Response indicating military service or status as a qualified spouse or dependent;

10. Response indicating United States citizenship in Box 1 if the applicant has signed the affirmation;

11. Response affirmatively indicating that the applicant is not a felon in Box 5 if the applicant has signed the affirmation;

12. Response affirmatively indicating that the applicant has not been previously adjudicated to be mentally incapacitated in Box 5 if the applicant has signed the affirmation;

13. Signature of applicant if applicant indicates that he is an individual with physical disabilities in Box 7;

14. Address at which the voter is previously registered if the previous voter registration address is available in the Virginia Election and Registration Information System;

15. Witness signature in Box 7;

16. Middle name if the voter indicates "none"; or

17. Generational suffix.

C. Middle name may be material to determining eligibility to vote. If the applicant does not include a middle name and does not indicate none, the registrar shall:

1. As far as practical, attempt to contact the applicant and obtain his middle name or lack thereof to determine if the application is complete.

a. If the applicant indicates that he has no middle name, the registrar shall process the application.

b. If the applicant indicates that he has a middle name, the registrar shall inform the applicant that the middle name is required, deny the application, and send the applicant a new application.

2. If the registrar is unable to contact the applicant and therefore unable to determine if the application is incomplete, he shall give the benefit of doubt to the applicant and process the application.

D. A general registrar shall not change information provided by an applicant on an application for voter registration without written authorization signed by the applicant.

E. Persons identified as noncitizens in reports from the Department of Motor Vehicles or other state or federal government sources shall have the opportunity to affirm United States citizenship status using any approved voter registration application or other form containing the required affirmation. The State Board of Elections shall automate the process for requesting affirmation of United States citizenship prior to cancellation.

F. If the individual submitting this form is currently a registered voter in Virginia, then the registrar must process the form as a request to update or change the registered voter's information if the form contains new information and is signed by the voter. If a registered voter with a physical disability only includes a mark in Box 7, then the request must also be signed by a witness in Box 7.

F. G. For cases not covered by this section, the general registrar in consultation with the electoral board and State Board Department of Elections staff shall determine materiality on a case-by-case basis that may result in further amendment of this regulation.

NOTICE: Forms used in administering the following regulation have been filed by the State Board of Elections. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of the new or amended form to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (1VAC20-40)

Virginia Voter Registration Application Form, SBE-416.2 (rev. 7/13)

Virginia Voter Registration Application Form, VA-NVRA-1 (rev. 7/15)

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

Voter Photo Identification Card Application (undated)

VA.R. Doc. No. R15-4128; Filed May 22, 2015, 2:24 p.m.