Virginia Regulatory Town Hall
Agency
Department of Elections
 
Board
State Board of Elections
 
chapter
Voter Registration [1 VAC 20 ‑ 40]
Chapter is Exempt from Article 2 of the Administrative Process Act
Action 2015 Voter Registration Application Regulation and Form Update
Stage Proposed
Comment Period Ended on 8/3/2015
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6/17/15  2:14 pm
Commenter: Judy Brown, GR - Loudoun County Office of Elections

New Voter Registration Application / Revised Regulations
 

New Voter Registration Application –

The size of the application does not match the current or past application sizes and will not fit into current locality filing systems.  To properly fit, the application will have to be folded increasing the possibility of being damaged in the filing system.

Not all localities have the ability to scan documents, which appears where this may be headed.  Will the Virginia Department of Elections be providing scanners to localities?  Should this be the direction we are headed, it seems the Virginia Department of Elections should be providing guidance on how to transition over from paper files to scanned files (best practices).  Many localities do not have the resources to convert existing records and will have to work with both.  We are already dealing with transfers from jurisdictions already scanning documents or not printing online applications.

The previous voter registration information section is no longer in an area that can be removed from the voter registration application.  Code Section 24.2-418 requires the GR to retain the portion of the application relating to the previous registration or a copy and to send the original or copy to the other state where the applicant formerly resided.  The new format will ensure each locality is retaining this section and it can be kept with the voter record.  Either way (previous or new), a copy has to be made.  It would be nice if the previous registration information was captured in VERIS and a report could be generated for sending to other states.  The previous registration information in VERIS would have to be set up to accept basic information as some applicants can’t remember complete addresses, etc.

Non-material omissions –

While the “Affirmation” statement specifically mentions affirmation of citizenship, felony conviction and/or adjudication of incapacity, not all people read before signing.  “Is this our problem?”  Yes – this could lend itself to records with non-citizens, felons, etc.  However, the National Form does not specifically ask about felony conviction or adjudication of incapacity, but allows for the signing of the document using the statement “I have reviewed my states instructions and swear/affirm that:  I am a United States Citizen.  I meet the eligibility requirements of my state and subscribe to any oath required.”  If one does not mark the box for citizenship, felony conviction or adjudicated to be mentally incapacitated, can legal action be taken based on them signing the application should it be determined they are not a citizen, have been convicted of a felony and/or have been adjudicated to be mentally incapacitated?

Middle name –

If the applicant does not include a middle name and does not indicate NONE, the registrar shall:

Attempt to contact applicant and obtain middle name or lack thereof

If applicant indicates they have a middle name – deny the application

But if unable to contact the applicant to determine if the application is incomplete – applicant is given the benefit of doubt and we process the application

Really!  This doesn’t seem fair.  If you answer the phone and provide the missing middle name, we deny your application.  If you don’t answer the phone, we process your application any way.

What is considered an attempt?  Phone, Email, Mail

What if no phone number or email address has been provided?

Seems like an area that could potentially be handled differently throughout the Commonwealth….

Change is inevitable and an open mind helps.  It would be nice if the Virginia Department of Elections shared some of the thought process behind the new Voter Registration Application and the reasoning for the changes in advance of the comment period.

CommentID: 40243