In 1 VAC 20-40-40(C), there is lack of clarity. One part of the paragraph says that the "general registrar shall request the information in writing on a form prescribed by the board and the applicant shall respond in writing." Later in the same paragraph, if the applicant does not provide the information by the last day to register, "and the general registrar is unable to determine the applicant's residency through any other means," then the registrar is to deny the application.

There are at least a couple of issues created by the wording of paragraph (C):

• What does "any other means" mean, and how does this mesh with the requirement that the applicant must respond in writing?
• What happens when the application is received so near the close of books that it is impossible, or at best impractical, for the registrar to mail a form to the applicant requesting information that would allow the application to be accepted?