Final Text
1VAC20-40-50. Supplemental questions.
When warranted by the situations described in 1VAC20-40-40 C and where any other information on the voter registration application is unclear, the general registrar shall ask the following questions on a form prescribed by the board after notifying the applicant that any response he makes is subject to the same oath he took to sign the application:
1. Are you currently registered to vote at another address? The general registrar shall not ask this question unless the applicant failed to provide the information on the voter registration application.
a. If yes to subdivision 1 of this section, what is that address, and in what county, city, or state is that address located?
b. If yes to subdivision 1 of this section or as indicated on the voter registration application, do you wish to cancel your registration in that county, city, or state and register and establish residence in this county or city in Virginia?
2. Do you have a specific plan to move away from this county or city at a fixed date in the future? If so, when?
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. If the applicant is unable to sign due to
a physical disability, the name and address of the person assisting the
voter shall be entered on the application according to the form instructions.
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. C. 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. a. If the applicant indicates that he has no
middle name, the registrar shall process the application.
3. b. 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. 2. 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. D. 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. E. 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. F. 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.
1VAC20-40-80. Application for registration on Federal Post
Card Application (FPCA). (Repealed.)
An applicant eligible for registration who applies for
registration simultaneously with a request for an absentee ballot on a Federal
Post Card Application (FPCA) as authorized by ยง 24.2-703 of the Code of
Virginia may apply for registration as well as request an absentee ballot by
facsimile transmission or scanned email attachment. An electronically submitted
FPCA shall be sufficient to apply for registration and request an absentee
ballot if signed and otherwise complete.
FORMS (1VAC20-40)
Virginia Voter Registration Application Form, VA-NVRA-1
(rev. 02/10)
Virginia Voter Registration Application Form, SBE-416.2 (rev. 7/13)