Title of Regulation: 1VAC20-60. Election Administration (amending 1VAC20-60-20).

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 the Assembly relating to the qualifications of a referendum petition circulator and (ii) clarify the use of the word "petition." The amendments also reclassify the failure to comply with statutory notary requirements as a material omission rendering the referendum petition invalid.

1VAC20-60-20. Material omissions on referendum petitions.

A. Pursuant to the requirements of § 24.2-684.1 of the Code of Virginia, a petition 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 "question" or "referendum issue" is not stated in a manner set forth by law on the front of the petition;

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

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

5. The circulator has not signed the affidavit for each the petition page he circulated in the presence of a notary;

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

7. [ Any combination of the aforementioned scenarios exist. The notary has not affixed a photographically reproducible seal;

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

9. Any combination of the aforementioned scenarios exist. ]

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

D. Subdivision B 3 of this section does not apply to a school board referendum submitted pursuant to § 24.2-57.2 or 24.2-165 of the Code of Virginia.

E. [ 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 "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; [ or ]

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

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

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

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