1VAC20-50 Candidate Qualification

REGULATIONS

Vol. 29 Iss. 24 - July 29, 2013

TITLE 1. ADMINISTRATION

STATE BOARD OF ELECTIONS

Chapter 50

Final Regulation

REGISTRAR'S NOTICE: The State Board of Elections is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 B 8 of the Code of Virginia, which exempts agency action relating to the conduct of elections or eligibility to vote.

Titles of Regulations: 1VAC20-50. Candidate Qualification (amending 1VAC20-50-20).

1VAC20-60. Election Administration (amending 1VAC20-60-20).

Statutory Authority: §§ 24.2-103 and 24.2-506 of the Code of Virginia.

Effective Date: July 12, 2013.

Agency Contact: Myron McClees, Policy Analyst, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8949, FAX [phone], or email [e-mail].

Summary:

Pursuant to Chapter 684 of the 2013 Acts of Assembly, the amendments establish standards and procedures for determining the validity of petition signatures.

1VAC20-50-20. Material omissions from candidate petitions and petition signature qualifications.

A. Pursuant to the requirements of §§ 24.2-506, 24.2-521, and 24.2-543 of the Code of Virginia, a petition or a petition signature should not be rendered invalid if it contains an error or omission not material to its proper processing.

B. The following omissions are always material and any petition containing such omissions should shall be rendered invalid if:

1. The petition submitted is not the double-sided document, or a [ double-sided ] copy thereof, provided by the State Board of Elections;

2. The petition does not have the name, or some variation of the name, and address of the candidate on the front of the form;

3. The petition fails to identify the office sought on the front of the form;

4. The petition fails to identify the applicable election district in which the candidate is running for office;

5. The circulator has not signed the petition affidavit and provided his current address;

6. The circulator is [ (i) not a legal resident of the Commonwealth, (ii) ] a minor [ , ] or [ (iii) ] a felon whose voting rights have not been restored;

7. The circulator has not signed the petition he circulated in the presence of a notary;

8. The circulator has not had a notary sign the affidavit for each petition submitted;

9. [ A person other than the circulator signed the petition affidavit;

10. ] The notary has not affixed a photographically reproducible seal;

[ 10. 11. ] The notary has not included his registration number and commission expiration date; or

[ 11. 12. ] Any combination of the scenarios of this subsection exists.

C. If the circulator signs the petition in the "Signature of Registered Voter," his signature shall be invalidated but the petition shall be valid notwithstanding any other error or omission. The following omissions related to individual petition signatures are always material and any petition signature containing such omission shall be rendered invalid if:

1. The signer is not qualified to cast a ballot for the office for which the petition was circulated;

2. The signer is also the circulator of the petition;

3. The signer provided an accompanying date that is subsequent to the date upon which the notary signed the petition;

4. [ The signer did not sign the petition; or

5. ] The signer provided an address that does not match the petition signer's address in the Virginia voter registration system [ ; or, unless the signer provided an address that is within the same precinct where a voter is currently registered in the Virginia voter registration system, and the signer can be reasonably identified as the same registered voter. ]

[ 5. The signer did not sign the petition. ]

D. The following omissions shall be treated as nonmaterial provided that the general registrar can independently and reasonably verify the [ omitted information validity of the petition or signature ] can be independently verified:

1. An older version of the petition is used (provided that the information presented complies with current laws, regulations, and guidelines);

2. The "election information" including (i) county, city, or town in which the election will be held; (ii) election type; and (iii) date of election are omitted;

3. The name of the candidate and office sought are omitted from the back of the petition; or

4. The circulator has not provided the last four digits of his social security number in the affidavit.;

5. The signer omits his first name, provided he provides a combination of his first or middle initials or a middle name and last name and address that matches a qualified voter within the Virginia voter registration system;

6. [ The signer provided a derivative of his legal name as his first or middle name (e.g., "Bob" instead of "Robert");

7. ] The signer prints his name on the "Print" line and prints his name on the "Sign" line; or

[ 7. 8. ] The signer fails to provide the date but a period of time that qualifies can affirmatively be established with previous and subsequent dates provided by other signers upon the petition page.

E. A signature upon a petition shall be included in the count toward meeting the petition signature requirements only if:

1. The petition signer is a qualified voter who is maintained on the Virginia voter registration system either (i) with active status or (ii) with inactive status and qualified to vote for the office for which the petition was circulated [ . All qualified voters with inactive status must provide an address upon the petition that matches what is listed for the voter within the Virginia voter registration system ];

2. The signer provides his name; and

3. The signer provides [ his house number, street name, street type, and as applicable, city an address ] that matches [ a qualified voter within the petition signer's address in ] the Virginia voter registration system [ . For purposes of this section, "city" may include the signer's locality, town, or any acceptable mailing name for the five-digit zip code of the signer's residence, or the signer provided an address that is within the same precinct where a voter is currently registered in the Virginia voter registration system, and the signer can be reasonably identified as the same registered voter ].

1VAC20-60-20. Material omissions on referendum petitions and petition signature qualifications.

A. Pursuant to the requirements of § 24.2-684.1 of the Code of Virginia, a petition or a petition signature should not be rendered invalid if it contains an error or omission not material to its proper processing.

B. The following omissions are always material and any petition containing such omissions should shall be rendered invalid if:

1. The petition submitted is not the double-sided document, or a [ double-sided ] copy thereof, provided by the State Board of Elections;

2. The "question" or "referendum issue" is not stated in a manner set forth by law on the front of the petition;

3. The circulator has not signed the petition affidavit and provided his current address;

4. The circulator is [ (i) not a legal resident of the Commonwealth, (ii) ] a minor [ , ] or [ (iii) ] a felon whose [ voting ] rights have not been restored;

5. The circulator has not signed the affidavit for the petition he circulated in the presence of a notary;

6. The circulator has not had a notary sign the affidavit for each petition submitted;

7. [ A person other than the circulator signed the petition affidavit;

8. ] The notary has not affixed a photographically reproducible seal;

[ 8. 9. ] The notary has not included his registration number and commission expiration date; or

[ 9. 10. ] Any combination of the aforementioned scenarios exist.

C. If the circulator signs the petition in the "Signature of Registered Voter" field, his signature shall be invalidated but the petition shall be valid notwithstanding any other error or omission. The following omissions related to individual petition signatures are always material and any petition signature containing such omission shall be rendered invalid if:

1. The signer is not qualified to cast a ballot for the referendum for which the petition was circulated;

2. The signer is also the circulator of the petition;

3. The signer provided an accompanying date that is subsequent to the date upon which the notary signed the petition;

4. [ The signer did not sign the petition; or

5. ] The signer provided an address that does not match the petition signer's address in the Virginia voter registration system [ ; or, unless the signer provided an address that is within the same precinct where a voter is currently registered in the Virginia voter registration system, and the signer can be reasonably identified as the same registered voter. ]

[ 5. The signer did not sign the petition. ]

D. Subdivision B 3 of this section does not apply to a school board referendum submitted pursuant to § 24.2-57.2 or 24.2-165 of the Code of Virginia.

E. D. The following omissions shall be treated as nonmaterial provided that the general registrar can independently and reasonably verify the [ omitted information validity of the petition or signature ] can be independently verified:

1. An older version of the petition is used (provided that the information presented complies with current laws, regulations, and guidelines);

2. The "election information" including: (i) county, city, or town in which the election will be held; (ii) election type; and (iii) date of election are omitted; or

3. The circulator has not provided the last four digits of his social security number in the affidavit.;

4. The signer omits his first name, provided he provides a combination of his first or middle initials or a middle name and last name and address that matches a qualified voter within the Virginia voter registration system;

5. [ The signer provided a derivative of his legal name as his first or middle name (e.g., "Bob" instead of "Robert");

6. ] The signer prints his name on the "Print" line and prints his name on the "Sign" line; or

[ 6. 7. ] The signer fails to provide the date but a period of time that qualifies can affirmatively be established with previous and subsequent dates provided by other signers upon the petition page.

E. A signature upon a petition shall be included in the count toward meeting the petition signature requirements only if:

1. The petition signer is a qualified voter who is maintained on the Virginia voter registration system either (i) with active status or (ii) with inactive status and qualified to vote for the office for which the petition was circulated [ . All qualified voters with inactive status must provide an address upon the petition that matches what is listed for the voter within the Virginia voter registration system ];

2. The signer provides his name; and

3. The signer provides [ his house number, street name, street type, and as applicable, city an address ] that matches [ a qualified voter within the petition signer's address in ] the Virginia voter registration system [ . For purposes of this section, "city" may include the signer's locality, town, or any acceptable mailing name for the five-digit zip code of the signer's residence, or the signer provided an address that is within the same precinct where a voter is currently registered in the Virginia voter registration system, and the signer can be reasonably identified as the same registered voter ].

VA.R. Doc. No. R13-3744; Filed July 11, 2013, 4:28 p.m.