Dear Sir/Madam:

I oppose the proposed changes to the Virginia Voter Registration Form, as recently proposed by the Virginia State Board of Elections and request that I be allowed to speak in opposition when this matter is considered in open hearing by the Board.

Section 24.2-418 of the Virginia Code specifically specifies the clarity with which the voter applicant must express the fact that he or she is a US citizen, that the applicant has not been adjudged as mentally incompetent, and that the applicant is not a convicted felon whose voting rights have not been restored.

By checking the boxes beside these statements on the current form, the applicant is affirmatively stating that he or she is a US citizen, has not been adjudged as mentally incompetent, and, if such applicant is a convicted felon, has had his or her voting rights restored pursuant to Virginia law.

The proposed changes will muddy the waters associated with these affirmations and make it easier for those attempting to cheat to avoid prosecution.  We need clarity in our laws, and we now have it with the current ballot language formulation.  I’m confident the Voter Registration staff can and will explain to any applicant what the current formulations mean, should any applicant be confused. 

I believe the proposed changes will introduce more applicant confusion that it purportedly would solve, since the proposed language is less clear that the current formulation.

The current law in this matter is very clear, and the intent of the legislature in this matter is not subject to interpretation.  Given the clarity of the current law, I do not believe the Board has the legal authority to attempt this re-interpretation.  If the Board believes the law in this matter should be amended, it should present its proposed amendments to the legislature for its consideration.  It may not unilaterally attempt to amend this provision on its own.

Any such unilateral change by the Board simply invites a law suit that will both confuse the voter registration applicants and cause our scarce State resources to be diverted to the defense of an issue that is unsound on its face.

For all the above reasons I oppose the Board’s proposed changes to the current Virginia Voter Registration form.

Sincerely,

Terrance J. Wear

8810 Surveyors Place

Springfield, VA  22152