Bill Text: VA HB2062 | 2015 | Regular Session | Chaptered
Bill Title: Elections administration; pre-election and post-election activities.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2015-04-15 - Governor: Acts of Assembly Chapter text (CHAP0740) [HB2062 Detail]
Download: Virginia-2015-HB2062-Chaptered.html
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Be it enacted by the General Assembly of Virginia: 1. That §§24.2-101, 24.2-404, 24.2-404.3, 24.2-404.4, 24.2-408 through 24.2-411.2, 24.2-413, 24.2-416.2, 24.2-416.3, 24.2-416.6, 24.2-416.7, 24.2-418, 24.2-418.1, 24.2-420.1, 24.2-424, 24.2-427, 24.2-428, 24.2-444, 24.2-446, 24.2-627, 24.2-679, and 24.2-802 of the Code of Virginia are amended and reenacted as follows: §24.2-101. Definitions. As used in this title, unless the context requires a different meaning: "Ballot scanner machine" means the electronic counting machine in which a voter inserts a marked ballot to be scanned and the results tabulated. "Candidate" means a person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. "Candidate" shall include a person who seeks the nomination of a political party or who, by reason of receiving the nomination of a political party for election to an office, is referred to as its nominee. For the purposes of Chapters 8 (§24.2-800 et seq.), 9.3 (§24.2-945 et seq.), and 9.5 (§24.2-955 et seq.), "candidate" shall include any write-in candidate. However, no write-in candidate who has received less than 15 percent of the votes cast for the office shall be eligible to initiate an election contest pursuant to Article 2 (§24.2-803 et seq.) of Chapter 8. For the purposes of Chapters 9.3 (§ 24.2-945 et seq.) and 9.5 (§24.2-955 et seq.), "candidate" shall include any person who raises or spends funds in order to seek or campaign for an office of the Commonwealth, excluding federal offices, or one of its governmental units in a party nomination process or general, primary, or special election; and such person shall be considered a candidate until a final report is filed pursuant to Article 3 (§24.2-947 et seq.) of Chapter 9.3. "Central absentee voter precinct" means a precinct established by a county or city pursuant to §24.2-712 for the processing of absentee ballots for the county or city or any combination of precincts within the county or city. "Constitutional office" or "constitutional officer" means a county or city office or officer referred to in Article VII, Section 4 of the Constitution of Virginia: clerk of the circuit court, attorney for the Commonwealth, sheriff, commissioner of the revenue, and treasurer. "Department of Elections" or "Department" means the state agency headed by the Commissioner of Elections. "Direct recording electronic machine" or "DRE" means the electronic voting machine on which a voter touches areas of a computer screen, or uses other control features, to mark a ballot and his vote is recorded electronically. "Election" means a general, primary, or special election. "Election district" means the territory designated by proper authority or by law which is represented by an official elected by the people, including the Commonwealth, a congressional district, a General Assembly district, or a district for the election of an official of a county, city, town, or other governmental unit. "Electoral board" or "local electoral board" means a board appointed pursuant to §24.2-106 to administer elections for a county or city. The electoral board of the county in which a town or the greater part of a town is located shall administer the town's elections. "Entrance of polling place" or "entrance to polling place" means an opening in the wall used for ingress to a structure. "General election" means an election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by law to be filled at those times. "Machine-readable ballot" means a tangible ballot that is marked by a voter or by a system or device operated by a voter and then fed into and scanned by a counting machine capable of reading ballots and tabulating results. "Officer of election" means a person appointed by an electoral board pursuant to §24.2-115 to serve at a polling place for any election. "Paper ballot" means a tangible ballot that is marked by a voter and then manually counted. "Party" or "political party" means an organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office. "Person with a disability" means a person with a disability as defined by the Virginians with Disabilities Act (§51.5-1 et seq.). "Polling place" means the structure that contains the one place provided for each precinct at which the qualified voters who are residents of the precinct may vote. "Precinct" means the territory designated by the governing body of a county, city, or town to be served by one polling place. "Primary" or "primary election" means an election held for the purpose of selecting a candidate to be the nominee of a political party for election to office. "Printed ballot" means a tangible ballot that is printed on paper and includes both machine-readable ballots and paper ballots. "Qualified voter" means a person who is entitled to vote pursuant to the Constitution of Virginia and who is (i) 18 years of age on or before the day of the election or qualified pursuant to §24.2-403 or subsection D of §24.2-544, (ii) a resident of the Commonwealth and of the precinct in which he offers to vote, and (iii) a registered voter. No person who has been convicted of a felony shall be a qualified voter unless his civil rights have been restored by the Governor or other appropriate authority. No person adjudicated incapacitated shall be a qualified voter unless his capacity has been reestablished as provided by law. Whether a signature should be counted towards satisfying the signature requirement of any petition shall be determined based on the signer of the petition's qualification to vote. For purposes of determining if a signature on a petition shall be included in the count toward meeting the signature requirements of any petition, "qualified voter" shall include only persons maintained on the Virginia voter registration system (a) with active status and (b) with inactive status who are qualified to vote for the office for which the petition was circulated. "Qualified voter in a town" means a person who is a resident within the corporate boundaries of the town in which he offers to vote, duly registered in the county of his residence, and otherwise a qualified voter. "Referendum" means any election held pursuant to law to submit a question to the voters for approval or rejection. "Registered voter" means any person who is maintained on the Virginia voter registration system. All registered voters shall be maintained on the Virginia voter registration system with active status unless assigned to inactive status by a general registrar in accordance with Chapter 4 (§24.2-400 et seq.). For purposes of applying the precinct size requirements of §24.2-307, calculating election machine requirements pursuant to Article 3 (§24.2-625 et seq.) of Chapter 6, mailing notices of local election district, precinct or polling place changes as required by subdivision 13 of §24.2-114 and §24.2-306, and determining the number of signatures required for candidate and voter petitions, "registered voter" shall include only persons maintained on the Virginia voter registration system with active status. For purposes of determining if a signature on a petition shall be included in the count toward meeting the signature requirements of any petition, "registered voter" shall include only persons maintained on the Virginia voter registration system (i) with active status and (ii) on inactive status who are qualified to vote for the office for which the petition was circulated. "Registration records" means all official records concerning the registration of qualified voters and shall include all records, lists, applications, and files, whether maintained in books, on cards, on automated data bases, or by any other legally permitted record-keeping method. "Residence" or "resident," for all purposes of qualification to register and vote, means and requires both domicile and a place of abode. To establish domicile, a person must live in a particular locality with the intention to remain. A place of abode is the physical place where a person dwells. "Special election" means any election that is held pursuant to law to fill a vacancy in office or to hold a referendum. "State Board" or "Board" means the State Board of Elections. "Virginia voter registration system" or "voter registration system" means the automated central record-keeping system for all voters registered within the Commonwealth that is maintained as provided in Article 2 (§24.2-404 et seq.) of Chapter 4. "Voting system" means the electronic voting and counting machines used at elections. This term includes direct recording electronic machines (DRE) and ballot scanner machines. §24.2-404. Duties of Department of Elections. A. The In order to operate and maintain the system, the 1. Maintain a complete, separate, and accurate record of all registered voters in the Commonwealth. 2. Require the general registrars to enter the names of all registered voters into the system and to change or correct registration records as necessary. 3. Provide to each general registrar, voter 4. Require the general registrars to delete from the record of
registered voters the name of any voter who (i) is deceased, (ii) is no longer
qualified to vote in the county or city where he is registered due to removal
of his residence, (iii) has been convicted of a felony, (iv) has been
adjudicated incapacitated, (v) is known not to be a United States citizen by
reason of reports from the Department of Motor Vehicles pursuant to §
24.2-410.1 or from the 5. Retain on the system for four years a separate record for registered voters whose names have been deleted, with the reason for deletion. 6. Retain on the system permanently a separate record for information received regarding deaths, felony convictions, and adjudications of incapacity pursuant to §§24.2-408 through 24.2-410. 7. Provide to each general registrar, at least 16 days prior
to a general or primary election and three days prior to a special election, an
alphabetical list of all registered voters in each precinct or portion of a
precinct in which the election is being held in the county, city, or town.
These precinct lists shall be used as the official lists of qualified voters
and shall constitute the pollbooks. The 8. Acquire by purchase, lease, or contract equipment necessary
to execute the duties of the 9. Use any source of information that may assist in carrying
out the purposes of this section. All agencies of the Commonwealth shall
cooperate with the 10. Cooperate with other states and jurisdictions to develop systems to compare voters, voter history, and voter registration lists to ensure the accuracy of the voter registration rolls, to identify voters whose addresses have changed, to prevent duplication of registration in more than one state or jurisdiction, and to determine eligibility of individuals to vote in Virginia. 11. Reprint and impose a reasonable charge for the sale of any
part of Title 24.2, lists of precincts and polling places, statements of
election results by precinct, and any other items required of the B. The C. The State Board shall institute procedures to ensure that each requirement of this section is fulfilled. As part of its procedures, the State Board shall provide that the general registrar shall mail notice of any cancellation pursuant to clause (v) of subdivision A 4 to the person whose registration is cancelled. D. The State Board shall promulgate rules and regulations to ensure the uniform application of the law for determining a person's residence. E. The F. The §24.2-404.3. Duty of Department of Elections; verification of registered voter lists. On or before October 1 of each year, the §24.2-404.4. Exchange of registered voter lists with other states. Pursuant to its authority under subsection A of §24.2-405 and
subsections B and C of § §24.2-408. State Registrar of Vital Records to transmit monthly lists of decedents to Department of Elections. The State Registrar of Vital Records shall transmit to the §24.2-409. Central Criminal Records Exchange to transmit lists of felony convictions to Department of Elections. The Central Criminal Records Exchange shall transmit to the §24.2-409.1. Department of Elections to transmit information pertaining to persons convicted of a felony in federal court. Upon receipt of a notice of a felony conviction sent by a United
States attorney pursuant to the National Voter Registration Act (52 U.S.C. §
20501 et seq.), the §24.2-410. Clerks of circuit courts to furnish lists of certain adjudications. The clerk of each circuit court shall furnish monthly to the §24.2-410.1. Citizenship status; Department of Motor Vehicles to furnish lists of noncitizens. A. The Department of Motor Vehicles shall include on the application for a driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, special identification card, or renewal thereof issued pursuant to the provisions of Chapter 3 (§46.2-300 et seq.) of Title 46.2, as a predicate to offering a voter registration application pursuant to §24.2-411.1, a statement asking the applicant if he is a United States citizen. If the applicant indicates a noncitizen status, the Department of Motor Vehicles shall not offer that applicant the opportunity to apply for voter registration. If the applicant indicates that he is a United States citizen and that he wishes to register to vote or change his voter registration address, the statement that he is a United States citizen shall become part of the voter registration application offered to the applicant. Information on citizenship status shall not be a determinative factor for the issuance of any document pursuant to the provisions of Chapter 3 (§46.2-300 et seq.) of Title 46.2. B. Additionally, the Department of Motor Vehicles shall
furnish monthly to the C. For the purposes of this section, the Department of Motor Vehicles is not responsible for verifying the claim of any applicant who indicates United States citizen status when applying for a driver's license, commercial driver's license, temporary driver's permit, learner's permit, motorcycle learner's permit, special identification card, or renewal thereof issued pursuant to the provisions of Chapter 3 (§46.2-300 et seq.) of Title 46.2. §24.2-411. Office of the general registrar. Each local governing body shall furnish the general registrar with a clearly marked and suitable office which shall be the principal office for voter registration. The office shall be owned or leased by the city or county, or by the state for the location of Department of Motor Vehicles facilities, adequately furnished, and located within the city or within the county or a city in which the county courthouse is located. The governing body shall provide property damage liability and bodily injury liability coverage for the office and shall furnish the general registrar with necessary postage, stationery, equipment, and office supplies. The telephone number shall be listed in the local telephone directory separately or under the local governmental listing under the designation "Voter Registration." No private business enterprise shall be conducted in the general registrar's office. The general registrar's office in counties with a population
under 10,000 and in cities with a population under 7,500 shall be open a
minimum of three days each week and additional days as required by the general
appropriation act. The general registrar's office in all other counties and
cities shall be open a minimum of five days each week. The specific days of
normal service each week for general registrars shall be determined by the Additional hours, if any, that the general registrar's office is open for voter registration may be determined and set by the general registrar or the electoral board. §24.2-411.1. Offices of the Department of Motor Vehicles. A. The Department of Motor Vehicles shall provide the opportunity to register to vote to each person who comes to an office of the Department of Motor Vehicles to: 1. Apply for, replace, or renew a driver's license; 2. Apply for, replace, or renew a special identification card; or 3. Change an address on an existing driver's license or special identification card. B. The method used to receive an application for voter registration shall avoid duplication of the license portion of the license application and require only the minimum additional information necessary to enable registrars to determine the voter eligibility of the applicant and to administer voter registration and election laws. A person who does not sign the registration portion of the application shall be deemed to have declined to register at that time. The voter application shall include a statement that, if an applicant declines to register to vote, the fact the applicant has declined to register will remain confidential and will be used only for voter registration purposes. Each application form distributed under this section 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." Any completed application for voter registration submitted by
a person who is already registered shall serve as a written request to update
his registration record. Any change of address form submitted for purposes of a
motor vehicle driver's license or special identification card shall serve as
notification of change of address for voter registration for the registrant involved
unless the registrant states on the form that the change of address is not for
voter registration purposes. If the information from the notification of change
of address for voter registration indicates that the registered voter has moved
to another general registrar's jurisdiction within the Commonwealth, the
notification shall be treated as a request for transfer from the registered
voter. The notification and the registered voter's registration record shall be
transmitted as directed by the C. The completed voter registration portion of the application
shall be transmitted as directed by the D. The E. A person who provides services at the Department of Motor Vehicles shall not disclose, except as authorized by law for official use, the social security number, or any part thereof, of any applicant for voter registration. F. The Department of Motor Vehicles shall provide assistance
as required in providing voter §24.2-411.2. State-designated voter registration agencies. A. The following agencies are designated as voter registration agencies in compliance with the National Voter Registration Act (52 U.S.C. § 20501 et seq.) and shall provide voter registration opportunities at their state, regional, or local offices, depending upon the point of service: 1. Agencies whose primary function is to provide public assistance, including agencies that provide benefits under the Temporary Assistance for Needy Families program; Special Supplemental Food Program for Women, Infants, and Children; Medicaid program; or Food Stamps program; 2. Agencies whose primary function is to provide state-funded programs primarily engaged in providing services to persons with disabilities; 3. Armed Forces recruitment offices; and 4. The regional offices of the Department of Game and Inland Fisheries and the offices of the Virginia Employment Commission in the Northern Virginia Planning District 8. B. The Commissioner of Elections, with the assistance of the Office of the Attorney General, shall compile and maintain a list of the specific agencies covered by subdivisions A 1 and A 2 that, in the legal opinion of the Attorney General, must be designated to meet the requirements of the National Voter Registration Act. The Commissioner of Elections shall notify each agency of its designation and thereafter notify any agency added to or deleted from the list. C. At each voter registration agency, the following services shall be made available on the premises of the agency: 1. Distribution of mail voter registration forms provided by the 2. Assistance to applicants in completing voter registration application forms, unless the applicant refuses assistance; and 3. Receipt of completed voter registration application forms. D. A voter registration agency, which provides service or assistance in conducting voter registration, shall make the following services available on the premises of the agency: 1. Distribution with each application for its service or
assistance, or upon admission to a facility or program, and with each
recertification, readmission, renewal, or change of address form, of a voter
registration application prescribed by the 2. Provision, as part of the voter registration process, of a form that includes: a. The question: "If you are not registered to vote where you live now, would you like to apply to register to vote here today?" b. If the agency provides public assistance, the statement: "Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency." c. Boxes for the applicant to check to indicate whether the applicant would like to register, declines to register to vote, or is already registered (failure to check any box being deemed to constitute a declination to register for purposes of subdivision 2 a), together with the statement (in close proximity to the boxes and in prominent type): "IF YOU DO NOT CHECK ANY BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME." d. The statement: "If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek help or accept help is yours. You may fill out the application form in private." e. The statement: "If you believe that someone has
interfered with your right to register or to decline to register to vote, or
your right to privacy in deciding whether to register or in applying to
register to vote, you may file a complaint with the f. The following statement accompanying the form which features 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." 3. Provision to each applicant who does not decline to register to vote of the same degree of assistance with regard to the completion of the voter registration application as is provided by the office with regard to the completion of its own applications, unless the applicant refuses assistance. E. If a voter registration agency designated under subsection A of this section provides services to a person with a disability at the person's home, the agency shall provide the voter registration services as provided for in this section. F. A person who provides services at a designated voter registration agency shall not: 1. Seek to influence an applicant's political preference; 2. Display any material indicating the person's political preference or party allegiance; 3. Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits; or 4. Disclose, except as authorized by law for official use, the social security number, or any part thereof, of any applicant for voter registration. Any person who is aggrieved by a violation of this subsection
may provide written notice of the violation to the G. A completed voter registration application shall be
transmitted as directed by the H. Each state-designated voter registration agency shall
maintain such statistical records on the number of applications to register to
vote as requested by the §24.2-413. Accessible registration locations. The office of the general registrar, and each agency,
business, and establishment set for registration pursuant to §§24.2-411.1,
24.2-411.2 and subsection B of §24.2-412 shall be accessible as required by
the provisions of the Virginians with Disabilities Act (§51.5-1 et seq.), the
Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. §20101 et
seq.), and the Americans with Disabilities Act relating to public services (42
U.S.C. §12131 et seq.). The In the selection of additional registration sites as provided in §24.2-412, consideration shall be given to accessibility so that a reasonable number of accessible sites are provided and the requirements of the above cited Acts are met. §24.2-416.2. Mail voter registration application forms. Notwithstanding the provisions of §§24.2-418 and 24.2-418.1,
the national mail voter registration application form promulgated by the 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." §24.2-416.3. Distribution of mail voter registration application forms. A. Subject to the conditions set forth in §24.2-416.6, the B. The §24.2-416.6. Registration by and instructions for voter registration drives. Whenever the §24.2-416.7. Application for voter registration by electronic means. A. Notwithstanding any other provision of law, a person who is qualified to register to vote may apply to register to vote by electronic means as authorized by the State Board by completing an electronic registration application. B. Notwithstanding any other provision of law, a registered voter may satisfy the requirements of §§24.2-423 and 24.2-424 to notify the general registrar of a change of legal name or place of residence within the Commonwealth by electronic means as authorized by the State Board by completing an electronic registration application. C. An electronic registration application completed pursuant to this article shall require that an applicant: 1. Provide the information as required under §24.2-418; 2. Have a Virginia driver's license or special identification card issued by the Department of Motor Vehicles; 3. Provide a social security number and Department of Motor Vehicles customer identifier number that matches the applicant's record in the Department of Motor Vehicles records; 4. Attest to the truth of the information provided; 5. Sign the application in a manner consistent with the Uniform Electronic Transactions Act (§59.1-479 et seq.); and 6. Affirmatively authorize the D. In order for an individual to complete a transaction under this article, the general registrar shall verify that the Department of Motor Vehicles customer identifier number, date of birth, and social security number provided by the applicant match the information contained in the Department of Motor Vehicles records. E. The Department of Motor Vehicles shall provide to the F. The G. Each transaction taking place under this section shall be accompanied by the following statement featured prominently in boldface capital letters: "WARNING: INTENTIONALLY MAKING A MATERIALLY FALSE STATEMENT DURING THIS TRANSACTION 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." H. The §24.2-418. Application for registration. A. Each applicant to register shall provide, subject to felony penalties for making false statements pursuant to §24.2-1016, the information necessary to complete the application to register. Unless physically disabled, he shall sign the application. The application to register shall be only on a form or forms prescribed by the State Board. The form of the application to register shall require the applicant to provide the following information: full name; gender; date of birth; social security number, if any; whether the applicant is presently a United States citizen; address of residence in the precinct; place of last previous registration to vote; and whether the applicant has ever been adjudicated incapacitated or convicted of a felony, and if so, under what circumstances the applicant's right to vote has been restored. The form shall contain a statement that whoever votes more than once in any election in the same or different jurisdictions shall be guilty of a Class 6 felony. Unless directed by the applicant or as permitted in §24.2-411.1 or 24.2-411.2, the registration application shall not be pre-populated with information the applicant is required to provide. B. The form shall permit any individual, as follows, or member of his household, to furnish, in addition to his residence street address, a post office box address located within the Commonwealth to be included in lieu of his street address on the lists of registered voters and persons who voted, which are furnished pursuant to §§24.2-405 and 24.2-406, on voter registration records made available for public inspection pursuant to §24.2-444, or on lists of absentee voter applicants furnished pursuant to §24.2-706 or 24.2-710. The voter shall comply with the provisions of §24.2-424 for any change in the post office box address provided under this subsection. 1. Any active or retired law-enforcement officer, as defined in §9.1-101 and in 5 U.S.C. §8331(20), but excluding officers whose duties relate to detention as defined in 5 U.S.C. §8331(20); 2. Any party granted a protective order issued by or under the authority of any court of competent jurisdiction, including but not limited to courts of the Commonwealth of Virginia; 3. Any party who has furnished a signed written statement by the party that he is in fear for his personal safety from another person who has threatened or stalked him, accompanied by evidence that he has filed a complaint with a magistrate or law-enforcement official against such other person; 4. Any party participating in the address confidentiality program pursuant to §2.2-515.2; and 5. Any active or retired federal or Virginia justice or judge and any active or retired attorney employed by the United States Attorney General or Virginia Attorney General. C. If the applicant formerly resided in another state, the portion of the application to register listing an applicant's place of last previous registration to vote, or a copy thereof, shall be retained by the general registrar for the city or county where the applicant resides, and the general registrar shall send the original or a copy to the appropriate voter registration official or other authority of another state where the applicant formerly resided. §24.2-418.1. Receipt for voter registration applicants. A. The state form for the application to register to vote
shall contain a receipt that shall be given to the applicant upon his
completion of the form. The receipt shall be completed by the person receiving
the form from the applicant and shall include the following information: the
name of the office, group, or person receiving the registration application;
the date that the office, group, or person received the registration
application from the applicant; and the phone number of the general registrar
or the toll-free phone number of the B. The requirement to complete the receipt as provided in
subsection A shall not be applicable when a completed form is mailed directly
to or completed in the office of a general registrar or the §24.2-420.1. Extended time for certain persons to register in person. A. Notwithstanding the provisions of §24.2-416, the following persons shall be entitled to register in person up to and including the day of the election: 1. Any member of a uniformed service of the United States, as
defined in 2.
The provisions of this subsection shall apply only to those persons who are otherwise qualified to register and who, by reason of such active duty or temporary overseas residency, either (i) are normally absent from the city or county in which they reside or (ii) have been absent from such city or county and returned to reside there during the twenty-eight days immediately preceding the election. B. Notwithstanding the provisions of §24.2-416, any person
who was on active duty as a member of a uniformed service C. The §24.2-424. Change of registered voter's address within the Commonwealth; pilot project. A. Whenever a registered voter changes his place of residence within the Commonwealth, he shall promptly notify any general registrar of the address of his new residence. Such notice may be made in person, in writing, by return of the voter registration card noting the new address, or on a form approved by the State Board of Elections, which may be electronic. The notice in writing may be provided by mail or by facsimile and shall be signed by the voter unless he is physically unable to sign, in which case his own mark acknowledged by a witness shall be sufficient signature. Notice may be provided by electronic means as authorized by the State Board and signed by the voter in a manner consistent with the provisions of §24.2-416.7 and the Uniform Electronic Transactions Act (§59.1-479 et seq.). The fact that a voter provides an address on a candidate or referendum petition that differs from the address for the voter on the voter registration system shall not be sufficient notice to change the voter's registration address. Any statements made by any voter applying for transfer are subject to felony penalties for making a false statement pursuant to §24.2-1016. B. If the voter has moved within the same county or city, on
receipt of the notification, the general registrar for that county or city
shall (i) enter the new address on the registration record; (ii) if satisfied
that the registered voter has moved into another precinct within the same
county or city, transfer the registration of the voter to that precinct; and
(iii) C. Any request for transfer or change of address within the Commonwealth delivered to any registrar shall be forwarded to the general registrar for the city or county in the Commonwealth where the voter now resides. When forwarding said notice, or upon request from the registrar for the county or city where the voter now resides, the registrar for the county or city where the voter formerly resided shall forward the original application for registration to the registrar for the voter's new locality. D. Upon receipt of the voter's original registration
application, and notice as specified in subsection A of this section indicating
the voter's current residence, the registrar for the county or city in which
the voter currently resides shall: (i) enter the new address on the
registration record; (ii) if satisfied that the registered voter has moved into
a precinct within that county or city, transfer the registration of the voter
to that precinct; (iii) E. If the original registration application is no longer
available to the registrar in the city or county where the voter formerly
resided, either of the following shall be sent to and accepted by the registrar
in the city or county where the voter now resides in lieu of such application:
(i) an unsigned voter card (or conversion card) used as the voter record upon
the creation of the statewide voter registration system or (ii) a replacement
record provided by the §24.2-427. Cancellation of registration by voter or for persons known to be deceased or disqualified to vote. A. Any registered voter may cancel his registration and have his name removed from the central registration records by signing an authorization for cancellation and mailing or otherwise submitting the signed authorization to the general registrar. When submitted by any means other than when notarized or in person, such cancellation must be made at least 22 days prior to an election in order to be valid in that election. The general registrar shall acknowledge receipt of the authorization and advise the voter in person or by first-class mail that his registration has been canceled within 10 days of receipt of such authorization. B. The general registrar shall cancel the registration of (i)
all persons known by him to be deceased or disqualified to vote by reason of a
felony conviction or adjudication of incapacity; (ii) all persons known by him
not to be United States citizens by reason of reports from the Department of
Motor Vehicles pursuant to §24.2-410.1 or from the B1. The general registrar shall mail notice promptly to all
persons known by him not to be United States citizens by reason of a report
from the Department of Motor Vehicles pursuant to §24.2-410.1 or from the B2. The general registrar shall (i) process the C. The general registrar may cancel the registration of any person for whom a notice has been submitted to the Department of Motor Vehicles in accordance with the Driver License Compact set out in Article 18 (§46.2-483 et seq.) of Chapter 3 of Title 46.2 and forwarded to the general registrar, that the voter has moved from the Commonwealth; provided that the registrar shall mail notice of such cancellation to the person at both his new address, as reported to the Department of Motor Vehicles, and the address at which he had most recently been registered in Virginia. No general registrar may cancel registrations under this authority while the registration records are closed pursuant to §24.2-416. No registrar may cancel the registration under this authority of any person entitled to register under the provisions of subsection A of §24.2-420.1, and shall reinstate the registration of any otherwise qualified voter covered by subsection A of §24.2-420.1 who applies to vote within four years of the date of cancellation. §24.2-428. Regular periodic review of registration records; notice to voters identified as having moved; placement on inactive status for failure to respond to notice. A. The B. If it appears from information provided by the Postal
Service or by other reliable sources that a voter has moved to a different
address in the same county or city in which the voter is currently registered,
the C. If it appears from information provided by the Postal
Service or by other reliable sources that a voter has moved to a different
address not in the same county or city, the D. The registered voter shall complete and sign the return card subject to felony penalties for making false statements pursuant to § 24.2-1016. E. The general registrar shall correct his registration records from the information obtained from the return card. If the information indicates that the registered voter has moved to another general registrar's jurisdiction within the Commonwealth, the general registrar shall transfer the registration record, along with the return card, to the appropriate general registrar who shall treat the request for a change of address as a request for transfer and shall send a voter registration card as confirmation of the transfer to the voter pursuant to §24.2-424. If the general registrar does not receive the return card provided for in subsection C of this section within thirty days after it is sent to the voter, the registered voter's name shall be placed on inactive status. A registered voter's failure to receive the notice shall not affect the validity of the inactivation. §24.2-444. Duties of general registrars and Department of Elections as to voter registration records; public inspection; exceptions. A. Registration records shall be kept and preserved by the
general registrar in compliance with §§2.2-3803, 2.2-3808, and 24.2-114. The B. The general registrars shall maintain for at least two years and shall make available for public inspection and copying and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of the registration records pursuant to §§24.2-427, 24.2-428 and 24.2-428.1, including lists of the names and addresses of all persons to whom notices are sent, and information concerning whether each person has responded to the notice as of the date that inspection of the records is made. C. No list provided by the §24.2-446. Reconstruction of destroyed registration records. Whenever the registration records of a county or city have
been destroyed by fire or otherwise, the For active registration records not retrievable from the system, the general registrar shall give notice that he is reconstructing such records by posting the notice at ten places in the jurisdiction or publishing it once in a newspaper having general circulation in the jurisdiction. In the reconstruction, the registrar shall place on the registration records the names of all voters known by him who have been previously registered, or who can show by evidence satisfactory to the registrar that their names were on the old records and who still reside in the county or city. §24.2-627. Electronic voting or counting machines; number required. A. The governing body of any county or city that adopts for use at elections direct recording electronic machines shall provide for each precinct at least the following number of voting machines: In each precinct having not more than 750 registered voters, 1; In each precinct having more than 750 but not more than 1,500 registered voters, 2; In each precinct having more than 1,500 but not more than 2,250 registered voters, 3; In each precinct having more than 2,250 but not more than 3,000 registered voters, 4; In each precinct having more than 3,000 but not more than 3,750 registered voters, 5; In each precinct having more than 3,750 but not more than 4,500 registered voters, 6; In each precinct having more than 4,500 but not more than 5,000 registered voters, 7. B. The governing body of any county or city that adopts for use at elections ballot scanner machines shall provide for each precinct at least one voting booth with a marking device for each 425 registered voters or portion thereof and shall provide for each precinct at least one scanner. However, each precinct having more than 4,000 registered voters shall be provided with not less than two scanners at a presidential election, unless the governing body, in consultation with the general registrar and the electoral board, determines that a second scanner is not necessary at any such precinct on the basis of voter turnout and the average wait time for voters in previous presidential elections. C. The local electoral board of any county or city shall be authorized to conduct any May general election, primary election, or special election held on a date other than a November general election with the number of voting or counting machines it determines is appropriate for each precinct, notwithstanding the provisions of subsections A and B. D. For purposes of applying this section, an electoral board
may exclude persons voting absentee in its calculations, and if it does so, the
electoral board shall send to the §24.2-679. State Board to meet and make statement as to number of votes. A. The State Board shall meet on the The Board shall examine the certified abstracts on file in its office and make statements of the whole number of votes given at any such election for members of the General Assembly, Governor, Lieutenant Governor and Attorney General, members of the United States Congress and electors of President and Vice President of the United States, and any officer shared by more than one county or city, or any combination thereof, or for so many of such officers as have been voted for at the election. The statement shall show, for each office and each county, city, and election district, the whole number of votes given to each candidate and to any other person elected to office. The Board members shall certify the statements to be correct and sign the statements. The Board shall then determine those persons who received the greatest number of votes and have been duly elected to each office. The Board members shall endorse and subscribe on such statements a certificate of their determination. The Board shall record each certified statement and determination in a suitable book to be kept by it in its office. B. The State Board shall meet as soon as possible after it receives the returns for any special election held at a time other than the November general election to ascertain the results of the special election in the manner prescribed in subsection A. If the returns have not been received within seven days of the election, the Board shall meet and adjourn from day to day until it receives the returns, ascertains the results, and makes its determination. §24.2-802. Procedure for recount. A. The State Board of Elections shall promulgate standards for (i) the proper handling and security of voting and counting machines, ballots, and other materials required for a recount, (ii) accurate determination of votes based upon objective evidence and taking into account the counting machine and form of ballots approved for use in the Commonwealth, and (iii) any other matters that will promote a timely and accurate resolution of the recount. The chief judge of the circuit court or the full recount court may, consistent with State Board of Elections standards, resolve disputes over the application of the standards and direct all other appropriate measures to ensure the proper conduct of the recount. The recount procedures to be followed throughout the election district shall be as uniform as practicable, taking into account the types of ballots and voting and counting machines in use in the election district. In preparation for the recount, the clerks of the circuit courts shall (a) secure all printed ballots and other election materials in sealed boxes; (b) place all of the sealed boxes in a vault or room not open to the public or to anyone other than the clerk and his staff; (c) cause such vault or room to be securely locked except when access is necessary for the clerk and his staff; and (d) certify that these security measures have been taken in whatever form is deemed appropriate by the chief judge. B. Within seven calendar days of the filing of the petition for a recount of any election other than an election for presidential electors, or within five calendar days of the filing of a petition for a recount of an election for presidential electors, the chief judge of the circuit court shall call a preliminary hearing at which (i) motions may be disposed of and (ii) the rules of procedure may be fixed, both subject to review by the full court. As part of the preliminary hearing, the chief judge may permit the petitioner and his counsel, together with each other party and his counsel and at least two members of the electoral board and the custodians, to examine any direct recording electronic machine of the type that prints returns when the print-out sheets are not clearly legible. The petitioner and his counsel and each other party and their counsel under supervision of the electoral board and its agents shall also have access to pollbooks and other materials used in the election for examination purposes, provided that individual ballots cast in the election shall not be examined at the preliminary hearing. The chief judge during the preliminary hearing shall review all security measures taken for all ballots and voting and counting machines and direct, as he deems necessary, all appropriate measures to ensure proper security to conduct the recount. The chief judge, subject to review by the full court, may set the place or places for the recount and may order the delivery of election materials to a central location and the transportation of voting and counting machines to a central location in each county or city under appropriate safeguards. After the full court is appointed under §24.2-801 or 24.2-801.1, it shall call a hearing at which all motions shall be disposed of and the rules of procedure shall be fixed finally. The court shall call for the advice and cooperation of the Department, the State Board, or any local electoral board, as appropriate, and such boards or agency shall have the duty and authority to assist the court. The court shall fix procedures that shall provide for the accurate determination of votes in the election. The determination of the votes in a recount shall be based on votes cast in the election and shall not take into account (a) any absentee ballots or provisional ballots sought to be cast but ruled invalid and not cast in the election, (b) ballots cast only for administrative or test purposes and voided by the officers of election, or (c) ballots spoiled by a voter and replaced with a new ballot. The eligibility of any voter to have voted shall not be an issue in a recount. Commencing upon the filing of the recount, nothing shall prevent the discovery or disclosure of any evidence that could be used pursuant to §24.2-803 in contesting the results of an election. C. The court shall permit each candidate, or petitioner and governing body or chief executive officer, to select an equal number of the officers of election to be recount officials and to count printed ballots, or in the case of direct recording electronic machines, to redetermine the vote. The number shall be fixed by the court and be sufficient to conduct the recount within a reasonable period. The court may permit each party to the recount to submit a list of alternate officials in the number the court directs. There shall be at least one team of recount officials to recount printed ballots and to redetermine the vote cast on direct recording electronic machines of the type that prints returns for the election district at large in which the recount is being held. There shall be at least one team from each locality using ballot scanner machines to insert the ballots into one or more scanners. The ballot scanner machines shall be programmed to count only votes cast for parties to the recount or for or against the question in a referendum recount. Each team shall be composed of one representative of each party. The court may provide that if, at the time of the recount, any recount official fails to appear, the remaining recount officials present shall appoint substitute recount officials who shall possess the same qualifications as the recount officials for whom they substitute. The court may select pairs of recount coordinators to serve for each county or city in the election district who shall be members of the county or city electoral board and represent different political parties. The court shall have authority to summon such officials and coordinators. On the request of any party to the recount, the court shall allow that party to appoint one representative observer for each team of recount officials. The representative observers shall have an unobstructed view of the work of the recount officials. The expenses of its representatives shall be borne by each party. D. The court (i) shall supervise the recount and (ii) may require delivery of any or all pollbooks used and any or all ballots cast at the election, or may assume supervision thereof through the recount coordinators and officials. The redetermination of the vote in a recount shall be conducted as follows: 1. For paper ballots, the recount officials shall hand count the paper ballots using the standards promulgated by the State Board pursuant to subsection A. 2. For direct recording electronic machines (DREs), the recount officials shall open the envelopes with the printouts and read the results from the printouts. If the printout is not clear, or on the request of the court, the recount officials shall rerun the printout from the machine or examine the counters as appropriate. 3. For ballot scanner machines, the recount officials shall rerun all the machine-readable ballots through a scanner programmed to count only the votes for the office or issue in question in the recount and to set aside all ballots containing write-in votes, overvotes, and undervotes. The ballots that are set aside, any ballots not accepted by the scanner, and any ballots for which a scanner could not be programmed to meet the programming requirements of this subdivision, shall be hand counted using the standards promulgated by the State Board pursuant to subsection A. If the total number of machine-readable ballots reported as counted by the scanner plus the total number of ballots set aside by the scanner do not equal the total number of ballots rerun through the scanner, then all ballots cast on ballot scanner machines for that precinct shall be set aside to be counted by hand using the standards promulgated by the State Board pursuant to subsection A. Prior to running the machine-readable ballots through the ballot scanner machine, the recount officials shall ensure that logic and accuracy tests have been successfully performed on each scanner after the scanner has been programmed. The result calculated for ballots accepted by the ballot scanner machine during the recount shall be considered the correct determination for those machine-readable ballots unless the court finds sufficient cause to rule otherwise. There shall be only one redetermination of the vote in each precinct. At the conclusion of the recount of each precinct, the recount officials shall write down the number of valid ballots cast, this number being obtained from the ballots cast in the precinct, or from the ballots cast as shown on the statement of results if the ballots cannot be found, for each of the two candidates or for and against the question. They shall submit the ballots or the statement of results used, as to the validity of which questions exist, to the court. The written statement of any one recount official challenging a ballot shall be sufficient to require its submission to the court. If, on all direct recording electronic machines, the number of persons voting in the election, or the number of votes cast for the office or on the question, totals more than the number of names on the pollbooks of persons voting on the voting machines, the figures recorded by the machines shall be accepted as correct. At the conclusion of the recount of all precincts, after
allowing the parties to inspect the questioned ballots, and after hearing
arguments, the court shall rule on the validity of all questioned ballots and
votes. After determining all matters pertaining to the recount and
redetermination of the vote as raised by the parties, the court shall certify
to the State Board and the electoral board or boards (a) the vote for each
party to the recount and declare the person who received the higher number of
votes to be nominated or elected, as appropriate, or (b) the votes for and
against the question and declare the outcome of the referendum. The E. Costs of the recount shall be assessed against the counties and cities comprising the election district when (i) the candidate petitioning for the recount is declared the winner; (ii) the petitioners in a recount of a referendum win the recount; or (iii) there was between the candidate apparently nominated or elected and the candidate petitioning for the recount a difference of not more than one-half of one percent of the total vote cast for the two such candidates as determined by the State Board or electoral board prior to the recount. Otherwise the costs of the recount shall be assessed against the candidate petitioning for the recount or the petitioners in a recount of a referendum. If more than one candidate petitions for a recount, the court may assess costs in an equitable manner between the counties and cities and any such candidate if both are liable for costs under this subsection. Costs incurred to date shall be assessed against any candidate or petitioner who defaults or withdraws his petition. F. The court shall determine the costs of the recount subject to the following limitations: (i) no per diem payment shall be assessed for salaried election officials; (ii) no per diem payment to officers of election serving as recount officials shall exceed two-thirds of the per diem paid such officers by the county or city for service on election day; and (iii) per diem payments to alternates shall be allowed only if they serve. G. Any petitioner who may be assessed with costs under subsection E shall post a bond with surety with the court in the amount of $10 per precinct in the area subject to recount. If the petitioner wins the recount, the bond shall not be forfeit. If the petitioner loses the recount, the bond shall be forfeit only to the extent of the assessed costs. If the assessed costs exceed the bond, he shall be liable for such excess. H. The recount proceeding shall be final and not subject to appeal. I. For the purposes of this section: "Overvote" means a ballot on which a voter casts a vote for a greater number of candidates or positions than the number for which he was lawfully entitled to vote and no vote shall be counted with respect to that office or issue. "Undervote" means a ballot on which a voter casts a vote for a lesser number of candidates or positions than the number for which he was lawfully entitled to vote. 2. That the second enactment of Chapter 318 of the Acts of Assembly of 2007 is repealed. |
