Revisions to 1 VAC 20-40-70 regulation and 2015 Virginia Voter Registration Form

Comments from City of Charlottesville Voter Registration Office

Form, Box 1, citizenship:

The question has been reworded into a statement, so that there is no clear way to answer “no, I am not a citizen” other than not checking the box.  The question with “yes” and “no” boxes was more understandable.  But, the new regulation would tell us to accept this whether the box is checked or not, even thought the question is marked “required” on the form, and the information is required by law (24.2-418, Code of Virginia).

Form, Box 1, social security number:

Object to adding instruction “Write “None” if no number has ever been issued.”  This prompt will result in many more voters who are reluctant to disclose their SSN taking this opportunity to (illegally) not provide one.  This could be handled in the instructions on the back of the form without prompting and encouraging applicants to state “none” when they do, in fact have a number.  This will undermine one of the most important anti-fraud provisions of the Virginia Voter Registration System, first established in the early 1970s, and only the second such statewide voter registration system in the country.  We are one of only a handful of states allowed to use the full Social Security Number as a part of the voter registration record, to prevent duplicate registrations.

Secondly, the layout of the option adds additional height to the finished form, adding another reason to move the new instructions on “none” (if adopted) to the back.

Form, Box 2, addresses:

The line for mailing address asks for “P.O. Box and Zip” only.  This works if the zip is legible, and the PO Box is for a protected voter (who can only use a PO Box address within the state).  But why not request the city/state to make sure that we have a valid mailing address (even if the registrar has to tell the voter that they do not qualify to use a separate mailing address).  Also, UOCAVA voters are eligible to list a mailing address, which is not required to be a PO Box or in Virginia.  So, city and state should be requested (and it is presumed that an overseas voter will know to list their country as well).

Form, Boxes 3 and 4, daytime phone/email address; officer of election interest; active duty:

These questions, which play no part in determining the qualifications of the applicant, are highlighted by being in the center of the form, take up prime space, and further distort the height of the form (so that it will not fit our existing cabinets).

Form, Box 5, felony and incapacitated questions:

The large space between the questions and the No/Yes check boxes and follow-up questions makes the section harder to read and more difficult for the user to make sure that the response is associated to the correct question. Also, the first lines asks for “State(s) where convicted” so the next line should ask for “date(s) restored” (plural, not singular).

Form Box 7, instructions concerning the Signature, and proposed regulations:

It appears that witness requirement and mark requirement would not apply to a new registrant who indicated physical disability status, but would still apply to a currently registered voter who was making changes in his/her registration.  Is this correct?  If so, what is the legal basis for this difference?  If this is adopted, please make the instructions more clear for the registrars and the voters.  The instructions are very confusing on the form and in the regulation.

Form, overall layout and design:

­Overall, the new form is much harder to read and comprehend than the previous form for several reasons including use of a serif typeface, use of italics, background shading, font sizes that vary greatly throughout the form, and very tiny type.

Moving Previous Registration to above the signature line should result in fewer voters missing the question, but this issue has been more effectively addressed in regulation 20-40-70 (B14), stating that omission of this address is not a material error if the voter’s previous address is available in VERIS.   

Moving Previous Registration above the signature line makes the form much taller than current and previous forms, and they will not fit our storage files.  Applications on the new forms will have to be stored separately or folded for filing, and we will be retaining information (previous registration) in the card files that we normally retain separately to follow the required retention regulations. It is also not clear how we will send the excerpted portion from the middle of the form to a registrar in another state without also revealing personal information that the other registrar does not need and may not be entitled to have (for example, the felony or mentally incapacity questions). If a new system for relaying this information is being designed, the registrars need to be involved up front.

The size of the new application and uncertainty about how to handle communication with registrars in other states about cancellations will result in voter registrars and staff spending much more time to process and file each individual application.  If applications must be folded, or cut apart and pasted on another card for filing, it will affect the integrity of the files and cards and require more storage space.

Shading the form in a color (it is light blue on the draft) will result in greyed-out forms when forms are copied for voter registration drives, printed on a black and white home printer by voters, or must be copied for official use.  Copying with color scanner (which is expensive) also results in an image that is degraded from the original.  Color shading makes the information in the shaded areas harder to read, and the image will degrade with each generation of copying.  Also, it may affect the image of the signature if we go to digital storage. The body of the form should be on a white background.

Form Instructions page, Instructions and Mailing Instructions:

The applicant is told to “contact your local voter registration office or the Virginia Department of Elections toll free …” but is not told how to find the number of their local voter registration office which is no longer included as part of the form. It is not clear that they can call the state to get their local number, or look it up on the state’s website, or at that point (when needed) where they can find the address of the state’s website.

The applicant is later told to “mail your completed application to the voter registrar for the county or city where you live,” but is not told how to find that address, which is no longer included as part of the application form.  They can look it up on the state’s website, or call the state, but would have to know that it is available that way, and have the web address and phone number available at the point that they are looking at those instructions.  As a whole, the instructions are visually difficult to read and important information, such as the state Department of Elections web address and phone number, is buried in long paragraphs of text.

The applicant is not told under what conditions the form may be submitted by fax or email attachment (if being used only as a change of address for someone already registered).

Form Instructions page, Identification Requirement:

The HAVA ID instructions have been removed from the application, though not from the federal law. 

Proposed regulations, 1VAC 20-40-70 B, Material Omissions:

This office objects to the proposed changes requiring acceptance of a signed voter registration application whether or not the applicant answers the questions about citizenship, felony status or mental incapacity.  These questions are marked “required” on the form, and in fact are required by the Code of Virginia, section 24.2-418.  This information is necessary for the voter registrars to determine the qualifications of the applicant to register to vote.  Signing the tiny-print affirmation alone is not sufficient.  Remove the first sentence from the affirmation, and keep the legally required questions required.

Thank you for your consideration of these comments.