The proposed changes to the Virginia Voter Registration Application Form will create a litany of problems for Registrar Offices across the state as noted below:

1. The size of the application is too large for storage in our cabinets.  We understand that ELECT wants Voter Registration Applications scanned into the VERIS system, however, this process is not feasible for all localities due to time, personnel, cost and resources required.  What do you do with an application that is too big to fit in your cabinets as a back-up even if you can scan to VERIS?  What happens when VERIS is not operational?  Registrars need to be able to easily locate an alpha card for viewing information and/or providing information to a third-party as required by law when requested.  If we are unable to locate the information, we open ourselves up to litigation.  As Norfolk was originally involved in the lawsuit regarding requests for inspections of cards, we are well aware that this can and will happen.

2. The Previous Voter Registration Information should not be in the center of the application.  It needs to be separated so it can be sent to other localities/states as required to notify of cancelation of prior registration so an individual is not registered in more than one state (which is illegal).  By having this information on the main application, it would require copying with redaction of SSN and DOB information to forward to the other state.  This is an additional cost of time, personnel, and resources that we cannot afford.  Not every state is participating in ERIC, so ELECT forwarding information to other states will not necessarily work.  It would still be the responsibility of the local registrar to send this information.

 In the workgroup that was originally formed by several Registrars, members of ELECT, and other parties, the proposed Draft of the New Voter Registration Application Form placed the Previous Voter Registration Information first on the application (Question #1).  This helped to alleviate persons from missing the all to familiar Question #1 on the current application regarding Citizenship.  Most applicants currently skip Question #1 (Citizenship) and proceed to completing their Social Security Number.  By placing the Previous Registration Information at the top of the application, it completes three (3) things:

              - The required previous voter registration information is completed

              - The Citizenship information is not missed and will be completed by the applicant

              - The size of the application will be reduced to adequately fit in storage cabinets of General Registrars across the state.  Consider that a WIN-WIN for all!

3. Please remove "NONE" under Social Security Number.  Most applicants have a SSN.  This is a person's unique identifier.  By having this on the application it will create problems.  People will not put their SSN on the application because they think it is not required or they are concerned about protecting their information and do not want to furnish.  We see this now in local registrar offices.  It should not be optional.

4.  The directions are in conflict with state law.  Virginia Code § 24.2-418. Application for registration - states:

A. Each applicant to register shall provide, subject to felony penalties for making false statements pursuant to § 24.2-1016, the information necessary to complete the application to register. Unless physically disabled, he shall sign the application. The application to register shall be only on a form or forms prescribed by the State Board.

The form of the application to register shall require the applicant to provide the following information: full name; gender; date of birth; social security number, if any; whether the applicant is presently a United States citizen; address of residence in the precinct; place of last previous registration to vote; and whether the applicant has ever been adjudicated incapacitated or convicted of a felony, and if so, under what circumstances the applicant's right to vote has been restored. The form shall contain a statement that whoever votes more than once in any election in the same or different jurisdictions shall be guilty of a Class 6 felony. Unless directed by the applicant or as permitted in § 24.2-411.1 or 24.2-411.2, the registration application shall not be pre-populated with information the applicant is required to provide.

 By removing this "requirement," we are in violation of Virginia Law.  It cannot and should not be done.  Furthermore, by accepting the applicant's signature, as opposed to the applicant completing the required information, there would be extreme difficulty in prosecution for false statement.  Any defense attorney will say "it was an error" "he/she did not mean to sign it"  "he/she did not read it"  "how many times do you sign something before reading it."  When an applicant must attest to questions and then affirm them with a signature, as required by law, it helps to eliminate this defense.  As the Commonwealth's Attorney's Office represents our city regarding prosecutions of false statements and illegal voting, and has the highest success rate in doing so, changing these requirements would essentially tie our hands behind our back.

 We agree that voter registration should be easier for all eligible persons.  However, this proposed draft and instructions create a nightmare for the registrar community and applicants.  Denials for incomplete applications will increase, costs in postage and manpower spent will increase, and voter frustration will certainly increase.

 The original group that worked diligently on a new Virginia Voter Registration Application Form produced a draft that was much better than what is being presented now.  Our workgroup consulted with organizations who are involved with persons with sight disabilities on the design implications of the form.  Our draft was forwarded to Edgardo Cortes and other members of ELECT for review.  Now, a newly designed application that is too big, with a "blue background" (which is not needed) has been produced.  A black & white voter registration application form is fine.  Current forms received from DMV and from third-party groups for the most parts are on black & white paper due to cost.  Why wasn't the original draft proposed by our workgroup considered?  Why was no feedback given from ELECT regarding our draft?  If ELECT wanted to propose a new application than what was originally discussed and presented, why did they not consult with Registrars and others from the original workgroup?

 For these, any many other reasons previously stated so eloquently by my constituents (especially AJ Cole and Jake Washburne), I respectfully request that the members of the State Board consider the originally proposed Virginia Voter Registration Application Form by the workgroup.  We are happy to provide a copy of our draft.  If that will not be considered, our recommendation is to leave the current registration form alone and not approve these proposed changes to the application. 

 Thank you for the opportunity to comment on this proposal.