Virginia

 

Voting Rights Information from "Count My Vote"

 

Voting Preparedness Chart from "Voting in 2008: Ten Swing States"

Virginia

To register to vote, you must:

• Be a U.S. citizen
• Be a resident of Virginia and of the precinct in which you want to vote
• Be 18 years old by the next election
• Not have been convicted of a felony (or, you must have had your civil rights restored)
• Not currently be declared mentally incompetent by a court of law

Registration Deadline: Applications must be delivered 29 days before the election (Monday, Oct. 6, 2008).

State Election Website:
http://www.sbe.virginia.gov/cms/Voter_Information/Index.html

Officials to Contact 


The state board of election and local electoral boards and general registrars oversee voting. The state board of elections website has forms and instructions to register, and tools to find and contact local registration offices, vote absentee and check absentee status, find polling places, and other information. People also can register at motor vehicle department offices, state social agencies, public libraries, and military recruitment offices. You must provide your Social Security number, if any, when registering in Virginia.
Source:  Count My Vote: A Citizen's Guide to Voting by Steven Rosenfeld

Voter ID Requirements 


Voters must provide ID or sign an “affirmation of identification” at the polls to vote. Virginia accepts photo and non-photo ID, including a state voter ID card, valid state driver’s license, military ID, government-issue ID, employee ID, or Social Security card. Voters can also present a current utility bill, bank statement, government check or paycheck, or government document with their name and address. 

Voting Machines

Most of the state votes on direct-recording electronic (DRE) systems without a voter-verified paper trail; however, a few of the most populous counties use a mix of paper ballot systems and DREs without voter-verified paper trails. Three counties use all paper ballot voting systems.

Election Concerns

During the 2008 primary, there were reports of long lines and shortages of poll workers to check in voters in various parts of the state. There also were some problems with DREs. In one county, two-thirds of their machines did not work properly at the start of voting, and blind voters reported that an audio component mangled one presidential candidate’s name. Voters should give themselves enough time to vote in November.  

Early Voting 


Registered voters may vote early in person if they qualify for absentee voting. Early in-person voting usually begins 45 days before the election and ends three days before the election. Voters must first complete an application at their local registrar's office and can vote in that same visit.

 


Voting Preparedness Chart from "Voting in 2008: Ten Swing States"

 

 
VOTER REGISTRATION
Rejection

Registration form must include: 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.

Unsatisfactory
Verification

ID numbers, name, and date of birth matched against motor vehicle and Social Security records. State uses an exact match standard for the number and date of birth, and “substantial match” for the name. If no exact match is found, possible matches are provided and reviewed by the general registrar.

Acceptable
Notification

If the voter’s identifi cation number is missing, incomplete, illegible, or unverified, the general registrar will attempt to contact the registrant by phone or by mail. The registrant is given the opportunity to correct the error or complete a new registration application.

 

Acceptable

Database

Code requires various state records-keeping agencies (State Registrar of Vital Records, Division of Central Criminal Records Exchange, Clerks of state Circuit Courts, Department of Motor Vehicles) to send the State Board of Elections monthly lists naming the persons for the purpose of clearing the voter rolls of ineligible voters (deceased, convicted of felony, mentally incompetent to vote, non-citizen, etc.)

 

Acceptable

3rd Party Registration

Groups and agencies not specifi cally designated to assist voters with registration must mail or deliver the registration within 15 days of the applicant’s having signed the registration.

 

Acceptable

NVRA Implementation

State law provides for Motor-Voter and §7 provisions. Surveys had suggested a signifi cant decrease in the enforcement of §7 provisions, but more recently the state has taken successful remedial action.

 

Inconclusive
Voter Identification

Any voter who votes in-person must either sign an Affirmation of Identity or provide an acceptable form of identifi cation.

 

Acceptable
PROVISIONAL BALLOTS

Distribution

Voter is allowed to vote provisionally if his/her name is not on the election register or appears at the polling place without proper identification.

 

Acceptable

Verification

Following the election the electoral board will meet to determine the validity of the provisional ballots; if a voter is found to have been eligible and registered to vote, the provisional ballot is counted. If the voter was not properly registered, the ballot is not counted and the voter is notified in writing that he/she was not registered.

 

Acceptable

Wrong Precinct

Provisional ballots are only counted if cast in the correct precinct.   

 

Unsatisfactory
SUPRRESSION / CHALLENGES

Deceptive Practices Law

A new law makes illegal to mislead a voter about election information. A violation is a Class 1 misdemeanor. In addition, state law prohibits giving a voter a ballot in a language s/he cannot understand and misleading the voter about the contents of the ballot.

 

Exemplary

Challengers

Any three qualified voters of the county or city may challenge a voter’s registration. The general registrar must post at the courthouse or publish in the newspaper the names of the persons whose registration will be cancelled and send a notice to the last known address of the voter. If the challenged voter fails to appear at a hearing, his or her registration is cancelled by the registrar. Any voter may challenge another voter on Election Day by filling out a form. Then, the challenged voter must sign a form affirming that he or she is eligible. The voter

may vote a regular ballot only if he or she signs the affirmation.

 

Unsatisfactory

POLLING PLACE / POLL

Workers’ Training

State law requires only that two poll workers per precinct receive training. There are no statewide training standards.

 

Unsatisfactory

Recruitment

3 poll workers are required per precinct. By law, underage high school poll workers are not permitted. The SBE assists poll worker recruitment by contacting corporations and preparing advertisements.

Unsatisfactory

VOTING MACHINES

Distribution

Precincts using mechanical voting devices must allocate one voting device for every 750 voters; precincts with more than 4500 voters should allocate a voting machine for every additional 500 voters in the precinct. Precincts using an “electronic system which requires the voter to vote a ballot which is inserted in an electronic counter” must provide one booth per 425 registered voters and at least 1 counting machine.

 

Unsatisfactory
Student Voting Rights

State law requires both “domicile” and “a place of abode” to vote. The State Supreme Court has ruled that you must live in the election district with the intent to remain for an unlimited time. The Secretary

of State’s website includes a series of questions for student voters that includes misleading information and seems designed to discourage students. Student identifi cation from public universities is accepted.

Unsatisfactory

VOTER EDUCATION

Registration Information

 State Board of Elections Website

• Information on eligibility, how- and where-to, identification requirements, deadlines and verification.

Offline

• Public service announcements on radio and television.

• Distributes Virginia Easy Voter Guide booklets that provide information on eligibility, how- and where-to register, identification requirements and deadlines.

By Law

• Notice of the date, hours, and locations for registration on the final day of registration at least ten days before each final day is required. The notice for the final day shall be posted at the courthouse and published in a local newspaper.

• At least three days’ advance notice shall be given for other times and locations for voter registration. This notice must either be published in a newspaper, on an official county website, or announced at least twice on a local television station.

 

Exemplary

Polling Place Location/Hours

State Board of Elections Website

• Polling place locations.

• Polling place hours, though not easily located.

Offline

• Voters should receive voter instruction cards that have the name and address of their polling places.

• Distributes Virginia Easy Voter Guide booklets that provides polling place hours.

 

Acceptable

Sample Ballots

• Sample ballots are not mailed to registered voters.

Offline

• Distributes Virginia Easy Voter Guide booklets that explain right to see a sample ballot before voting and who to ask to see one.

By Law

• Nothing in the Code can prohibit the creation of sample ballots.

• The electoral board may designate times and places for the exhibition of voting equipment containing sample ballots, for the purpose of informing voters who request instruction on the use of the equipment.

 

Unsatisfactory

Provisional Ballot Information

State Board of Elections Website

• PDF Voter Guide explains provisional ballot option and when applicable.

Offline

• Distributes Virginia Easy Voter Guide booklets that explain provisional ballot option and when applicable.

 

Mixed

Language Accessibility

 Voting Rights Act, Sec. 203

• Virginia’s statewide population does not fall under Section 203.

Secretary of State Website

• Information only available in English.

 

Unsatisfactory

Voting Machines

State Board of Elections Website

• List of voting equipment used by locality.

Offline

• Distribute Virginia Easy Voter Guide booklets that include information on voters’ rights for instructions on voting equipment.

By Law

• “In each county, city, or town in which voting or counting equipment is to be used, the electoral board may designate times and places for the exhibition of equipment containing sample ballots, showing the title of offices to be filled, and, so far as practicable, the names of the candidates to be voted for at the

next election for the purpose of informing voters who request instruction on the use of the equipment.”

 

Unsatisfactory

Absentee Voting

State Board of Elections Website

• Explains who is eligible, how to receive an absentee ballot and where to send.

Offline

• Distribute Virginia Easy Voter Guide booklets that include information on absentee voting.

 

Acceptable

ID Requirements

State Board of Elections Website

• Outlines identifi cation requirements for all voters and lists examples of acceptable forms of identification.

• Provides information for identification requirements for certain voters and a list of acceptable forms of identification.

Offline

• Distribute Virginia Easy Voter Guide booklets that include information on identification requirements for all voters and lists examples of acceptable forms of identification.

 

Acceptable