REGISTRAR'S NOTICE: The State Board of Elections is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 B 8 of the Code of Virginia, which exempts agency action relating to the conduct of elections or eligibility to vote.

Title of Regulation: 1VAC20-40. Voter Registration (repealing 1VAC20-40-90).

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

Effective Date: November 27, 2020.

Agency Contact: Samantha Buckley, Policy Analyst II, Department of Elections, 1100 Bank Street, Richmond, VA 23219, or email samantha.buckley@elections.virginia.gov.

Summary:

Chapter 1064 of the 2020 Acts of Assembly removes the requirement for the Department of Elections to produce and distribute voter photo identification cards. This action repeals the associated regulation as unnecessary.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

1VAC20-40-90. Voter photo identification cards. (Repealed.)

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 signs a 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 a general registrar or authorized personnel; and

4. The voter's signature is captured by a general registrar or 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.

C. A general registrar's office shall provide a temporary identification document 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.

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 shall not be provided with a temporary identification document.

E. General registrars and the Department of Elections may solicit applicants for voter photo identification cards at locations other than their offices. General registrars shall accept applications and produce temporary identification documents at all permanent satellite offices established within their locality.

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.

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.

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) 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.