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

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

Effective Date: June 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.

Summary:

The 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 and the Department of Elections are required to solicit applications for voter photo identification cards at their permanent satellite locations but are not otherwise required to solicit applications outside of their general registrars' offices; (iii) provide guidance for the issuance of a temporary identification document and for replacement cards; (iv) establish that a person's inclusion in the Department of Motor Vehicles database does not exclude such person from receiving a voter photo identification card; (v) designate applications for voter photo identification cards as registration records that are available for public inspection after redaction of certain personal information and are retained by the general registrars for a period of time; (vi) add definitions for "authorized personnel," "permanent satellite location," and "valid"; and (vii) prohibit the issuance of a temporary identification document to an unregistered person.

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.

[ "Authorized personnel" means the designated individuals of a general registrar's office or the Department of Elections who are permitted to access the voter registration database and capture information necessary to generate photo identification cards. ]

"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.

[ "Permanent satellite location" means an office managed, maintained, and operated under the control of the general registrar for the locality that is consistently operational throughout the year and is not the principal office of the general registrar. Offices of other agencies where registration takes place pursuant to § 24.2-412 B of the Code of Virginia are not considered permanent satellite locations. ]

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

[ "Valid" for all purposes related to voter identification means documents containing the name and photograph of the voter appearing to be genuinely issued by the agency or issuing entity appearing upon the document where the bearer of the document reasonably appears to be the person whose photograph is contained thereon. Other data contained on the document, including but not limited to expiration date, shall not be considered in determining the validity of the document. ]

"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 [ or the Department of Elections ] if:

1. The voter [ completes and ] signs a [ voter identification card application form completed Voter Photo Identification Card Application ];

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

3. A photograph of the voter is taken by [ the a ] general registrar or [ the registrar's designated staff authorized personnel ]; and

4. The voter's signature is captured by [ the a ] general registrar or [ the registrar's designated staff authorized personnel ].

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

C. A general registrar's office shall provide ] a temporary identification document [ if the voter's to any eligible voter whose ] 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. [ A temporary identification document may only be issued by the general registrar's office in the locality where the voter is registered for any voter whose Voter Photo Identification Card Application is received after election day and through the conclusion of the period to submit a copy of an identification card provided within § 24.2-653 A of the Code of Virginia. ] The temporary identification document shall be considered an acceptable form of identification and is valid for 30 days after its issuance.

[ C. D. ] 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 shall ] not be provided with a temporary identification document.

[ D. E. ] General registrars [ and the Department of Elections ] may solicit applicants for voter photo identification cards at locations other than their offices. [ No general registrar shall be required to offer this service General registrars shall accept applications and produce temporary identification documents at all permanent satellite offices established within their locality ].

[ E. F. ] 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 [ or the identification document could not otherwise be considered valid. A voter's signature upon the Voter Photo Identification Card Application shall be considered sufficient affirmation ].

[ F. G. ] 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. H. ] 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 only available ] for public inspection as provided in § 24.2-444 C of the Code of Virginia [ after redaction of the social security number and day and month of the birth date ]; and (iii) retained by the registrar as provided by subdivision 8 of § 24.2-114 [ of the Code of Virginia ] and the applicable Library of Virginia retention schedule for local election records.

FORMS (1VAC20-40)

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

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)