Virginia Law

Article 3.1. Mail Registration.

A person may apply to register to vote by mail by completing and returning a mail voter registration application form in the manner and time provided by law.

1996, cc. 72, 73; 2003, c. 1015; 2020, cc. 718, 1149, 1151, 1201; 2021, Sp. Sess. I, c. 471.

Notwithstanding the provisions of §§ 24.2-418 and 24.2-418.1, the national mail voter registration application form promulgated by the Election Assistance Commission pursuant to the National Voter Registration Act (52 U.S.C. § 20501 et seq.) shall be accepted for the registration of otherwise qualified voters to vote in federal, state, and local elections. In addition to the national form promulgated by the Election Assistance Commission, the State Board of Elections shall design and distribute a state mail voter registration application form. Such state form shall include the eligibility requirements for registration as provided in this title, shall provide for a receipt for the applicant pursuant to § 24.2-418.1, and shall require each applicant to provide the information required subject to felony penalties for making false statements pursuant to § 24.2-1016.

Each state form shall be accompanied by the following statement featured prominently in boldface capital letters: "WARNING: INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT ON THIS FORM CONSTITUTES THE CRIME OF ELECTION FRAUD, WHICH IS PUNISHABLE UNDER VIRGINIA LAW AS A FELONY. VIOLATORS MAY BE SENTENCED TO UP TO 10 YEARS IN PRISON, OR UP TO 12 MONTHS IN JAIL AND/OR FINED UP TO $2,500."

1996, cc. 72, 73; 2008, c. 865; 2015, c. 740.

A. Subject to the conditions set forth in § 24.2-416.6, the Department of Elections shall make available to any individual or group a reasonable number of mail voter registration application forms.

B. The Department shall provide a reasonable number of mail voter registration application forms to each agent of the Department of Wildlife Resources authorized to sell hunting or fishing licenses in Virginia. The Department of Wildlife Resources shall assist the Department by providing a list of its agents appointed to sell hunting and fishing licenses in Virginia and by instructing its agents to make the mail voter registration application forms available to persons purchasing hunting or fishing licenses.

C. The Department shall provide a reasonable number of mail voter registration application forms to (i) each public institution of higher education, as that term is defined in § 23.1-100; (ii) each nonprofit private institution of higher education, as that term is defined in § 23.1-100, that is eligible to participate in the Tuition Assistance Grant Program pursuant to Article 5 (§ 23.1-628 et seq.) of Chapter 6 of Title 23.1; and (iii) any other entity authorized to issue bonds pursuant to Chapter 11 (§ 23.1-1100 et seq.) of Title 23.1. The State Council of Higher Education for Virginia shall assist the Department by providing a list of such institutions and by requesting those institutions to make the mail voter registration application forms available to students.

1996, cc. 72, 73; 2011, cc. 197, 225; 2013, c. 465; 2015, c. 740; 2020, cc. 921, 958.

A. Notwithstanding the provisions of § 24.2-416, a mail voter registration application returned through the United States Postal Service shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service. If no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been timely if received through the United States mail no later than five days following the time for the closing of the registration books pursuant to § 24.2-416.

B. In any other case, a completed mail voter registration application shall be deemed timely if received by any general registrar or any person authorized to receive voter registration applications pursuant to § 24.2-415.1 by 5:00 p.m. on the final day of registration provided for in § 24.2-414.

1996, cc. 72, 73; 2013, c. 680.

Any person assisting an applicant with the completion or return of a mail voter registration application shall not copy, disclose or make any use of the social security number, or any part thereof, of the applicant except as authorized by law for official use.

1996, cc. 72, 73; 2007, c. 318.

Whenever the Department of Elections, local electoral board, or general registrar's office furnishes individuals or groups multiple copies of the voter registration application, it shall provide accompanying instructions that contain a copy and explanation of § 24.2-1002.01 and the penalty for destruction of, or failure to mail or deliver, voter registration applications that have been signed. Any like instructions furnished to the public by whatever means shall contain a copy and explanation of § 24.2-1002.01 and the penalty for destruction of, or failure to mail or deliver, voter registration applications. When obtaining 25 or more voter registration applications, such individuals or groups shall be required to register with and provide to the Department, local electoral board, or general registrar's office such information as required by the Department. Such individuals or agents representing a group shall be required to receive training as approved by the State Board and sign a sworn affidavit on a form prescribed by the State Board attesting that such individuals or organizations will abide by all Virginia laws and rules regarding the registration of voters.

No individual or group shall compensate its volunteers or employees on the basis of the number of completed voter registration applications the volunteer or employee collects. No volunteer or employee of an individual or group shall accept compensation based on the number of completed voter registration applications he collects.

2005, cc. 339, 412; 2013, c. 465; 2015, c. 740; 2017, c. 336.