Title of Regulation: 1VAC20-60. Election Administration (adding 1VAC20-60-10, 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 Registrar of Regulations.

Agency Contact: James B. Alcorn, Deputy Secretary, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8944, or email james.alcorn@sbe.virginia.gov.

Summary:

This regulation provides standards to assist general registrars in determining what omissions are always material and cause a petition to call for a referendum election to be rendered invalid and what omissions are not material. The proposed regulation invalidated the entire petition if the petition circulator signed the petition in the "Signature of Registered Voter" field. However, its companion proposed regulation 1VAC20-50, Material Omissions on Candidate Petitions, merely invalidated the signature of the circulator and not the entire petition. The State Board of Elections determined to resolve the inconsistency in favor of only invalidating the circulator's signature and adopted a revised final version accordingly.

CHAPTER 60
ELECTION ADMINISTRATION

1VAC20-60-10. Definitions.

(Reserved.)

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;

5. The circulator has not signed the affidavit for each 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. [ The circulator has signed the petition in the "Signature of Registered Voter" field; or 8. ] 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.

[ D. E. ] The petition should not be rendered invalid if:

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;

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

4. 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.

[ FORMS (1VAC20-60)

Commonwealth of Virginia Petition of Qualified Voters For Referendum, SBE-684.1(1) (rev. 11/09). ]