Administrative Code

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Virginia Administrative Code
Title 1. Administration
Agency 20. State Board of Elections
Chapter 40. Voter Registration
9/18/2020

1VAC20-40-70. Applications for Voter Registration; Affirmation of United States Citizenship.

A. Applications for voter registration shall be on a form approved by the State Board of Elections or appropriate federal agency.

B. The following omissions are not material and a voter registration application shall not be denied for failure to include one or more of the following:

1. Social security number if the applicant checks the box indicating no SSN was ever issued;

2. Gender;

3. Generational suffix;

4. Middle name if the voter checks the box indicating none;

5. Email address;

6. Daytime telephone number;

7. Response indicating protected voter status, military status, overseas status, or any other information requested in Box 4;

8. Mailing address;

9. State in which the applicant is currently registered if the applicant is currently registered in Virginia;

10. Response indicating interest in serving as an officer of election;

11. Signature of applicant if applicant indicates that he is an individual with physical disabilities;

12. Response indicating the applicant has a physical disability if the application is signed by the applicant; or

13. Date of the application.

C. Middle name may be material to determining eligibility to vote. If the applicant does not include a middle name and does not check the box indicating none, the registrar shall:

1. As far as practical, attempt to contact the applicant and obtain his middle name or lack thereof to determine if the application is complete.

a. If the applicant indicates that he has no middle name, the registrar shall process the application.

b. If the applicant indicates that he has a middle name, the registrar shall inform the applicant that the middle name is required, deny the application, and send the applicant a new application.

2. If the registrar is unable to contact the applicant and therefore unable to determine if the application is incomplete, he shall give the benefit of doubt to the applicant and process the application.

D. A general registrar shall not change information provided by an applicant on an application for voter registration without written authorization signed by the applicant.

E. Persons identified as noncitizens in reports from the Department of Motor Vehicles or other state or federal government sources shall have the opportunity to affirm United States citizenship status using any approved voter registration application or other form containing the required affirmation. The State Board of Elections shall automate the process for requesting affirmation of United States citizenship prior to cancellation.

F. If the individual submitting the application is currently a registered voter in Virginia, then the registrar must process the application as a request to update or change the registered voter's information if the application contains new information and is signed by the voter.

G. For cases not covered by this section, the general registrar in consultation with the Department of Elections shall determine materiality on a case-by-case basis. When this occurs, the Department of Elections shall make recommendations to the State Board of Elections that may result in further amendment of this regulation.

H. General registrars must provide the voter notice of having accepted or denied a voter registration applicant within 30 days of receiving a voter registration application. Days during which registration records are closed before elections pursuant to § 24.2-416 of the Code of Virginia shall not be applicable to the calculation of the 30-day processing time.

I. General registrars may not ask for additional information regarding the applicant's restoration of rights from any applicant who indicates that his voting rights have been restored if the applicant's restoration information appears in the Secretary of the Commonwealth's database accessible to general registrars.

J. Prior versions of any voter registration application shall be accepted for registration. Prior versions of any voter registration application may not be denied for failure to provide information that is deemed not material in this section.

K. If a general registrar receives an application by mail after the voter registration records have been closed pursuant to § 24.2-416 of the Code of Virginia from an applicant who indicates (i) active duty uniformed services member, (ii) spouse or dependent of an active duty uniformed services member, or (iii) overseas citizen status, then the general registrar must contact the applicant to determine whether the applicant qualifies for an extended voter registration deadline. The general registrar may accept information from the applicant indicating that the applicant is qualified either orally or in writing.

Statutory Authority

§ 24.2-103 of the Code of Virginia.

Historical Notes

Derived from Volume 28, Issue 06, eff. November 1, 2011; amended, Virginia Register Volume 30, Issue 22, eff. June 10, 2014; Volume 32, Issue 21, eff. June 1, 2016.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

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