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

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

Effective Date: August 11, 2014.

Agency Contact: Susan Lee, Manager, Department of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8925, or email susan.lee@sbe.virginia.gov.

Summary:

The amendments change the definition of "valid" for all purposes related to voter identification, including the length of time an expired identification document will be accepted. The board initially proposed accepting identification documents up to 30 days after expiration. The final amendments allow acceptance of documents that have expired within the preceding 12 months.

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 (i) the document ] containing the name and photograph of the voter [ having legal effect, legally or officially acceptable or of binding force, and appearing appears ] to be genuinely issued by the agency or issuing entity appearing upon the document [ where, (ii) ] the bearer of the document reasonably appears to be the person whose photograph is contained thereon [ , and (iii) the document shall be current or have expired within the preceding 12 months. The officer of election shall determine whether the document is officially acceptable based on its face ]. Other data contained on the document, including but not limited to expiration date, shall not be considered in determining the validity of the document. [ Such documents shall be accepted up to 30 days after expiration. ]

"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.