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

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

Public Hearing Information: No public hearings are scheduled.

Public Comments: Public comments may be submitted until January 10, 2011.

Agency Contact: Martha Brissette, Policy Analyst, State Board of Elections, 1100 Bank St., Richmond, VA 23219, telephone (804) 864-8925, FAX (804) 786-0760, or email martha.brissette@sbe.virginia.gov.

Summary:

In 2009 the State Board of Elections undertook an in-depth review of its policies and reaffirmed those policies identified as stating current rules with which general registrars and electoral boards must comply. This regulation restates the board policies so identified as regulations for publication in the Virginia Administrative Code where they will be more accessible to the public and the election community. The regulation restatement is based on board policies 2006-008, 2006-002, 2001-007, 1971-001, and 1970-001. The regulation sets forth requirements regarding the voter registration application form and signature; details standards to assist local election officials in determining what omissions on a voter registration application are not material and when to attempt to obtain certain missing information; and provide persons identified as noncitizens with an opportunity to affirm United States citizenship.

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 or the name and address of the assistant entered on the signature line for an applicant with a physical disability.

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:

1. Daytime telephone number;

2. Description of a rural address;

3. Mailing address different from residence address;

4. Date of the application;

5. Whether the applicant is interested in working as an election official;

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

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

8. Gender.

C. Material omissions from applications for voter registration on a Federal Post Card Application or Federal Write-in Absentee Ballot. The following omissions are not material:

1. Service identification number, rank, grade, or rate on an application that declares active duty military status.

2. Employer name and address on an application that declares temporary overseas residence with no date of last residence.

3. Employer name and address on an application that declares temporary overseas residence with a date of last residence. If practicable, the general registrar should inform the applicant that eligibility for full ballots requires providing the name and address of an employer outside the United States.

4. Date of last residence on an application that declares indefinite overseas residence. The date of last residence for an application declaring indefinite overseas residence without indicating a date of last residence in the United States shall be the date the application is signed.

D. Middle name may be material to determining eligibility to vote. If the applicant does not include a middle name 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.

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

3. 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.

4. 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.

E. Except for gender, the general registrar, if practicable, shall attempt to contact the applicant and obtain the missing information requested on an application for voter registration that is not material to determining eligibility to vote. If the general registrar obtains any missing information, he shall write the information, his name, and the date on the reverse side of the application for voter registration to indicate that the alteration was made by the general registrar.

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

G. Persons identified as noncitizens in reports from the Department of Motor Vehicles 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.

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

FORMS (1VAC20-40)

Virginia Voter Registration Application Form, VA-NVRA-1 (rev. 2/10).

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

Federal Post Card Application, Standard Form 76A (rev. 10/05).

Federal Write-In Absentee Ballot, Standard Form 186A (rev. 10/05).