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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8/1/15  8:17 pm
Commenter: Mary Kay Downes

Stop unlawful voter registration changes
 

The State Board of Elections (SBE) has proposed changes to its regulations and to the voter registration form.  These changes create ambiguity and uncertainly where none exists with the current form, and apparently violate state law and the Virginia Constitution.   


For example, the current form has checkboxes for the applicant to affirm his or her U.S. citizenship, the lack of felony convictions, and the absence of any legal mental competency ruling against the applicant. 


The new form leaves the checkboxes in place -- but makes checking the boxes optional, so the applicant is no longer required to affirmatively state that he or he is a U.S. citizen, has not been convicted of a felony, and has not found mentally incompetent.  This approach is contrary to the Code of Virginia and the Virginia Constitution and eliminates significant safeguards against fraudulent registration.  A positive statement of citizenship, felony convictions and competency forces the applicant to address these issues.  If the applicant is found to be lying, there are firm grounds for prosecution.  Merely signing an "affirmation statement" (which nobody reads) covering these issues is NOT a valid substitute and virtually eliminates any opportunity for prosecution of fraudulent applications.

 

The new form and regulations also create practical problems for local voter registrars, who are responsible for administering the registration process.  Many registrars across Virginia have submitted comments strongly opposing the changes. 

CommentID: 41386