Title of Regulation: 1VAC20-50. Candidate Qualification (amending 1VAC20-50-20).

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

Effective Date: Effective upon the filing of the notice of the U.S. Attorney General's preclearance with the Registrar of Regulations.

Agency Contact: David Blackwood, Policy Analyst, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8930, or email david.blackwood@sbe.virginia.gov.

Summary:

The amendments (i) incorporate the requirements of Chapter 166 of the 2012 Acts of Assembly relating to the qualifications of a candidate petition circulator and (ii) clarify the use of the term "petition." The amendments also classify as material omissions, which render the candidate petition invalid, (i) the failure to identify the office sought on the front of the petition form; (ii) the failure to identify the applicable election district in which the candidate is running for office; and (iii) the failure to comply with statutory notary requirements.

1VAC20-50-20. Material omissions from candidate petitions.

A. Pursuant to the requirements of §§ 24.2-506, 24.2-521, and 24.2-543 of the Code of Virginia, a petition page should not be rendered invalid if it contains an error or omission not material to its proper processing.

B. The following omissions are always material and any petition containing such omissions should be rendered invalid if:

1. The petition submitted is not the double-sided, two-page document, or a copy thereof, provided by the State Board of Elections;

2. The petition does not have the name, or some variation of the name, and address of the candidate on the front of the form;

[ 3. The petition fails to identify the office sought on the front of the form;

4. The petition fails to identify the applicable election district in which the candidate is running for office; ]

[ 3. 5. ] The circulator has not signed the petition affidavit and provided his current address;

[ 4. 6. ] The circulator is not a registered voter or qualified to register and vote for the candidate The circulator is (i) not a legal resident of the Commonwealth, (ii) a minor, or (iii) a felon whose voting rights have not been restored;

[ 5. 7. ] The circulator has not signed each the petition page he circulated in the presence of a notary;

[ 6. 8. ] The circulator has not had a notary sign the affidavit for each petition submitted; [ or

9. The notary has not affixed a photographically reproducible seal;

10. The notary has not included his registration number and commission expiration date; or ]

[ 7. 11. ] Any combination of the scenarios of this subsection exists.

C. If the circulator signs the petition in the "Signature of Registered Voter," his signature shall be invalidated but the petition page shall be valid notwithstanding any other error or omission.

D. [ The petition should not be rendered invalid if: The following omissions shall be treated as nonmaterial provided that the omitted information can be independently verified: ]

1. An older version of the petition is used (provided that the information presented complies with current laws, regulations, and guidelines);

[ 2. The "office sought" is omitted;

3. The "congressional district" is omitted;

4. 2. ] The "election information" including (i) county, city, or town in which the election will be held; (ii) election type; and (iii) date of election are omitted;

[ 5. 3. ] The name of the candidate and office sought are omitted from the back page of the petition; [ or

6. The circulator has not indicated the county, city, or town of his voter registration or voter eligibility in the affidavit;

7. 4. ] The circulator has not provided the last four digits of his social security number in the affidavit [ ;. ]

[ 8. The notary has not affixed a photographically reproducible seal; or

9. The notary has not included his registration number and commission expiration date. ]