Title of Regulation: 1VAC20-20. General Administration (adding 1VAC20-20-10, 1VAC20-20-30 through 1VAC20-20-80).

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 the Registrar of Regulations.

Agency Contact: Martha Brissette, Policy Analyst, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8925, 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 proposed 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 proposed regulation restatement is based on board policies 2010-003, 2009-007, 2009-004, 2006-005, 2006-004, 2006-003, 2005-005, 2005-003, 2004-007 as amended September 14, 2010, 2004-001, 2001-007, 1999-002, and 1946-001. The proposed regulation sets forth the general administration of the board.

Since publication of the proposed regulation, the final regulation was amended to add the word "shall" in reference to posting to the Internet the approved list of board delegations to the Secretary of the Board of Elections currently contained in the State Board of Election Town Hall Guidance Document DEL-1.

1VAC20-20-10. Definitions.

The following word and term when used in this chapter shall have the following meaning unless the context clearly indicates otherwise:

"Board" means the Virginia State Board of Elections.

"Secretary" means the Secretary of the State Board of Elections.

1VAC20-20-30. Organization of State Board of Elections; seal.

A. The board shall have a chairman and a vice-chairman of the board, in addition to the ex-officio secretary. The chairman shall preside at all meetings and perform the usual functions of a presiding officer and such other duties as are imposed by these regulations or from time to time by the board. In the chairmen's absence, the vice-chairman shall perform these functions and duties. Each member, except the secretary, shall receive a per diem and expenses for attendance. Expenses shall be reported on forms approved by the Department of Accounts. The secretary is authorized to sign the vouchers for the payment of such expenses.

B. The secretary shall be authorized and it shall be the secretary's duty to employ such assistants and to purchase such equipment and supplies as are necessary from time to time, subject to the provisions of the law creating the board and the provisions of the laws and rules relating to the budgetary and personnel systems. The secretary or secretary's designee is authorized to execute necessary vouchers for the payment of the salaries of such assistants and for equipment and supplies so secured.

C. The secretary is authorized and directed to perform all duties of a routine and administrative character imposed upon the board by the law creating the same and other such duties delegated to the secretary by the board.

D. The secretary is authorized to do all things necessary to the proper execution of the law creating and governing the board and in the performance of the duties imposed upon it insofar as the same are not from their nature such as can be performed only by the board in its corporate capacity.

E. The secretary is authorized and directed to consult with and obtain the advice of the Attorney General, on behalf of and in the name of the board, whenever in the secretary's judgment occasion arises.

F. Routine and informal action of the board or of the secretary within the scope of the secretary's authority may be evidenced merely by the signature of the secretary.

G. Two members of the board shall constitute a quorum for the transaction of business at any duly constituted meeting.

H. Notice of each meeting of the board shall be given to all board members either by the secretary or the member calling the meeting at least three business days prior to the meeting except in the case of an emergency as defined in § 2.2-3701 of the Code of Virginia. Notice shall be given to the public as required by § 2.2-3707 of the Code of Virginia. All meetings shall be conducted in accordance with the requirements of the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia). All meetings shall be open to the public unless the board goes into a closed meeting pursuant to § 2.2-3711 of the Code of Virginia.

I. A record of formal official and definitive actions of the board shall be preserved in a record book which may be bound or loose leaf.

J. The secretary shall keep the seal of the board and affix the seal to evidence formal action of the board.

1VAC20-20-40. Virginia's Help America Vote Act plan.

Virginia's plan under the Help America Vote Act of 2002, 42 USC § 15301 et seq., states policy of the board and performance goals for the board to document and measure.

1VAC20-20-50. Fee for nonattendance at annual training.

The board, at its discretion, will impose a fee for noncancellation of attendance at the annual training (workshop). This fee will be limited to individuals who register to attend the training and fail to cancel their attendance within three business days of the event. The fee will be limited to the cost incurred as a result of the noncancellation.

1VAC20-20-60. Delegations to Secretary of State Board of Elections.

A. In addition to the authority described in 1VAC20-20-30, the secretary has the delegations of authority to the secretary detailed in the board's minutes of December 2, 2004, as amended September 14, 2010. Board staff [ may ] (i) [ may ] update that listing to correct citations and (ii) [ shall ] post the list to the Internet in order that additional delegations or other modifications may be proposed to the board by any interested person.

B. The secretary is authorized to prescribe the paper ballot reconciliation form under § 24.2-666 of the Code of Virginia and to develop, maintain, and prepare instructions for the operation of poll equipment before, during, and after the closing of the polls and in preparation of the statements of results.

C. The secretary shall monitor and control the quality and cost of the copies of Title 24.2 of the Code of Virginia and other election materials that the board provides to electoral boards for use at each precinct.

D. Subject to the board's policy oversight, the secretary has authority to conduct the board's administrative and programmatic operations and to discharge the board's duties consistent with specific delegations of authority.

E. The secretary is authorized to establish and maintain a central repository of forms and instructions approved for use in conducting elections. The forms and instructions shall be organized following a standard naming convention consisting of name taken from the first descriptive line, a statutory or other authority identifier, and revision date.

1VAC20-20-70. Duty to request assistance and to notify voters of denial of applications for voter registration or absentee ballots.

A. A general registrar experiencing difficulty processing applications for voter registration or absentee ballots in a timely manner should immediately notify the secretary to request staff support to assure compliance with federal and state laws.

B. A general registrar should provide applicants with specific reasons whenever their voter registration or absentee applications are denied. The board shall automate the notice process through standard correspondence and the statewide voter registration system.

1VAC20-20-80. Complaints.

A. Any person may make an informal complaint electronically or by telephone. Localities are primarily responsible for responding to all voter complaints they receive and may request board staff for assistance as needed.

B. A person may file a formal written complaint with the board as required by the Help America Vote Act of 2002, 42 USC § 15301 et seq., using the form and instructions available from the board. Formal complaints require review and response by the deputy secretary or secretary who may contact local election officials for information. Any complaints not meeting the criteria for formal complaints will be responded to informally by appropriate staff.

FORMS (1VAC20-20)

[ Virginia Voters' Election Day Complaint Form (rev. 6/10).

Virginia Voters' Election Day Complaint Form (rev. 7/10). ]

DOCUMENTS INCORPORATED BY REFERENCE (1VAC20-20)

Virginia State Plan, Help America Vote Act of 2002, adopted July 2003, amended August 2005 and July 2006, Virginia State Board of Elections.

Help America Vote Act of 2002 Performance Goals, Virginia State Board of Elections, June 19, 2006 (Virginia State Board of Elections Policy 2006-004).

State Board of Election Minutes of December 2, 2004, as amended September 14, 2010.