Final Text
1VAC20-50-20. Material omissions from candidate petitions and petition signature qualifications.
A. Pursuant to the requirements of §§ 24.2-506, 24.2-521, and 24.2-543 of the Code of Virginia, a petition or a petition signature should not be rendered invalid if it contains an error or omission not material to its proper processing.
B. The following omissions are always material and any
petition containing such omissions should shall be rendered
invalid if:
1. The petition submitted is not the double-sided document, or a [ double-sided ] copy thereof, provided by the State Board of Elections;
2. The petition does not have the name, or some variation of the name, and address of the candidate on the front of the form;
3. The petition fails to identify the office sought on the front of the form;
4. The petition fails to identify the applicable election district in which the candidate is running for office;
5. The circulator has not signed the petition affidavit and provided his current address;
6. The circulator is [ (i) not a legal resident of the
Commonwealth, (ii) ] a minor [ , ] or [ (iii) ]
a felon whose voting rights have not been restored;
7. The circulator has not signed the petition he circulated in the presence of a notary;
8. The circulator has not had a notary sign the affidavit for each petition submitted;
9. [ A person other than the circulator signed the petition affidavit;
10. ] The notary has not affixed a photographically reproducible seal;
[ 10. 11. ] The notary has not included
his registration number and commission expiration date; or
[ 11. 12. ] Any combination of the
scenarios of this subsection exists.
C. If the circulator signs the petition in the
"Signature of Registered Voter," his signature shall be invalidated
but the petition shall be valid notwithstanding any other error or omission.
The following omissions related to individual petition signatures are always
material and any petition signature containing such omission shall be rendered
invalid if:
1. The signer is not qualified to cast a ballot for the office for which the petition was circulated;
2. The signer is also the circulator of the petition;
3. The signer provided an accompanying date that is subsequent to the date upon which the notary signed the petition;
4. [ The signer did not sign the petition; or
5. ] The signer provided an address that does
not match the petition signer's address in the Virginia voter registration
system [ ; or, unless the signer provided an address
that is within the same precinct where a voter is currently registered in the
Virginia voter registration system, and the signer can be reasonably identified
as the same registered voter. ]
[ 5. The signer did not sign the petition. ]
D. The following omissions shall be treated as nonmaterial
provided that the general registrar can independently and reasonably
verify the [ omitted information validity of the petition or
signature ] can be independently verified:
1. An older version of the petition is used (provided that the information presented complies with current laws, regulations, and guidelines);
2. The "election information" including (i) county, city, or town in which the election will be held; (ii) election type; and (iii) date of election are omitted;
3. The name of the candidate and office sought are omitted from
the back of the petition; or
4. The circulator has not provided the last four digits of his
social security number in the affidavit.;
5. The signer omits his first name, provided he provides a combination of his first or middle initials or a middle name and last name and address that matches a qualified voter within the Virginia voter registration system;
6. [ The signer provided a derivative of his legal name as his first or middle name (e.g., "Bob" instead of "Robert");
7. ] The signer prints his name on the "Print" line and prints his name on the "Sign" line; or
[ 7. 8. ] The signer fails to
provide the date but a period of time that qualifies can affirmatively be
established with previous and subsequent dates provided by other signers upon
the petition page.
E. A signature upon a petition shall be included in the count toward meeting the petition signature requirements only if:
1. The petition signer is a qualified voter who is
maintained on the Virginia voter registration system either (i) with active
status or (ii) with inactive status and qualified to vote for the office for
which the petition was circulated [ . All qualified voters with
inactive status must provide an address upon the petition that matches what is
listed for the voter within the Virginia voter registration system ];
2. The signer provides his name; and
3. The signer provides [ his house number,
street name, street type, and as applicable, city an address ]
that matches [ a qualified voter within the
petition signer's address in ] the Virginia voter registration
system [ . For purposes of this section, "city" may
include the signer's locality, town, or any acceptable mailing name for the
five-digit zip code of the signer's residence, or the signer
provided an address that is within the same precinct where a voter is currently
registered in the Virginia voter registration system, and the signer can be
reasonably identified as the same registered voter ].
1VAC20-60-20. Material omissions on referendum petitions and petition signature qualifications.
A. Pursuant to the requirements of § 24.2-684.1 of the Code of Virginia, a petition or a petition signature should not be rendered invalid if it contains an error or omission not material to its proper processing.
B. The following omissions are always material and any
petition containing such omissions should shall be rendered
invalid if:
1. The petition submitted is not the double-sided document, or a [ double-sided ] copy thereof, provided by the State Board of Elections;
2. The "question" or "referendum issue" is not stated in a manner set forth by law on the front of the petition;
3. The circulator has not signed the petition affidavit and provided his current address;
4. The circulator is [ (i) not a legal resident of the
Commonwealth, (ii) ] a minor [ , ] or [ (iii) ]
a felon whose [ voting ] rights have not been restored;
5. The circulator has not signed the affidavit for the petition he circulated in the presence of a notary;
6. The circulator has not had a notary sign the affidavit for each petition submitted;
7. [ A person other than the circulator signed the petition affidavit;
8. ] The notary has not affixed a photographically reproducible seal;
[ 8. 9. ] The notary has not included
his registration number and commission expiration date; or
[ 9. 10. ] Any combination of the
aforementioned scenarios exist.
C. If the circulator signs the petition in the
"Signature of Registered Voter" field, his signature shall be
invalidated but the petition shall be valid notwithstanding any other error or
omission. The following omissions related to individual petition
signatures are always material and any petition signature containing such
omission shall be rendered invalid if:
1. The signer is not qualified to cast a ballot for the referendum for which the petition was circulated;
2. The signer is also the circulator of the petition;
3. The signer provided an accompanying date that is subsequent to the date upon which the notary signed the petition;
4. [ The signer did not sign the petition; or
5. ] The signer provided an address that does
not match the petition signer's address in the Virginia voter registration
system [ ; or, unless the signer provided an address
that is within the same precinct where a voter is currently registered in the
Virginia voter registration system, and the signer can be reasonably identified
as the same registered voter. ]
[ 5. The signer did not sign the petition. ]
D. Subdivision B 3 of this section does not apply to a
school board referendum submitted pursuant to § 24.2-57.2 or 24.2-165 of the
Code of Virginia.
E. D. The following omissions shall be treated
as nonmaterial provided that the general registrar can independently
and reasonably verify the [ omitted information validity of
the petition or signature ] can be independently verified:
1. An older version of the petition is used (provided that the information presented complies with current laws, regulations, and guidelines);
2. The "election information" including: (i) county,
city, or town in which the election will be held; (ii) election type; and (iii)
date of election are omitted; or
3. The circulator has not provided the last four digits of his
social security number in the affidavit.;
4. The signer omits his first name, provided he provides a combination of his first or middle initials or a middle name and last name and address that matches a qualified voter within the Virginia voter registration system;
5. [ The signer provided a derivative of his legal name as his first or middle name (e.g., "Bob" instead of "Robert");
6. ] The signer prints his name on the "Print" line and prints his name on the "Sign" line; or
[ 6. 7. ] The signer fails to
provide the date but a period of time that qualifies can affirmatively be
established with previous and subsequent dates provided by other signers upon
the petition page.
E. A signature upon a petition shall be included in the count toward meeting the petition signature requirements only if:
1. The petition signer is a qualified voter who is
maintained on the Virginia voter registration system either (i) with active
status or (ii) with inactive status and qualified to vote for the office for which
the petition was circulated [ . All qualified voters with
inactive status must provide an address upon the petition that matches what is
listed for the voter within the Virginia voter registration system ];
2. The signer provides his name; and
3. The signer provides [ his house number,
street name, street type, and as applicable, city an address ]
that matches [ a qualified voter within the petition
signer's address in ] the Virginia voter registration system
[ . For purposes of this section, "city" may include the
signer's locality, town, or any acceptable mailing name for the five-digit zip
code of the signer's residence, or the signer provided an address
that is within the same precinct where a voter is currently registered in the
Virginia voter registration system, and the signer can be reasonably identified
as the same registered voter ].