2006 Code of Virginia § 24.2-411.2 - State-designated voter registration agencies

24.2-411.2. State-designated voter registration agencies.

A. The following agencies are designated as voter registration agencies incompliance with the National Voter Registration Act (42 U.S.C. 1973gg etseq.) 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, includingagencies that provide benefits under the Temporary Assistance for NeedyFamilies program; Special Supplemental Food Program for Women, Infants, andChildren; Medicaid program; or Food Stamps program;

2. Agencies whose primary function is to provide state-funded programsprimarily 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 andthe offices of the Virginia Employment Commission in the Northern VirginiaPlanning District 8.

B. The Secretary of the State Board of Elections, with the assistance of theOffice of the Attorney General, shall compile and maintain a list of thespecific agencies covered by subdivisions A 1 and A 2 that, in the legalopinion of the Attorney General, must be designated to meet the requirementsof the National Voter Registration Act. The Secretary of the State Board ofElections shall notify each agency of its designation and thereafter notifyany agency added to or deleted from the list.

C. At each voter registration agency, the following services shall be madeavailable on the premises of the agency:

1. Distribution of mail voter registration forms provided by the State Boardof Elections;

2. Assistance to applicants in completing voter registration applicationforms, unless the applicant refuses assistance; and

3. Receipt of completed voter registration application forms.

D. A voter registration agency, which provides service or assistance inconducting voter registration, shall make the following services available onthe premises of the agency:

1. Distribution with each application for its service or assistance, or uponadmission to a facility or program, and with each recertification,readmission, renewal, or change of address form, of a voter registrationapplication prescribed by the State Board of Elections that complies with therequirements of the National Voter Registration Act (42 U.S.C. 1973gg etseq.).

2. Provision, as part of the voter registration process, of a form thatincludes:

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 toregister or declining to register to vote will not affect the amount ofassistance that you will be provided by this agency."

c. Boxes for the applicant to check to indicate whether the applicant wouldlike to register, declines to register to vote, or is already registered(failure to check any box being deemed to constitute a declination toregister for purposes of subdivision 2 a), together with the statement (inclose proximity to the boxes and in prominent type): "IF YOU DO NOT CHECKANY BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE ATTHIS TIME."

d. The statement: "If you would like help in filling out the voterregistration application form, we will help you. The decision whether to seekhelp or accept help is yours. You may fill out the application form inprivate."

e. The statement: "If you believe that someone has interfered with yourright to register or to decline to register to vote, or your right to privacyin deciding whether to register or in applying to register to vote, you mayfile a complaint with the State Board of Elections." The statement shallinclude the address and telephone number of the State Board.

f. The following statement accompanying the form which features prominentlyin boldface capital letters: "WARNING: INTENTIONALLY MAKING A MATERIALLYFALSE STATEMENT ON THIS FORM CONSTITUTES THE CRIME OF ELECTION FRAUD, WHICHIS PUNISHABLE UNDER VIRGINIA LAW AS A FELONY. VIOLATORS MAY BE SENTENCED TOUP 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 ofthe same degree of assistance with regard to the completion of the voterregistration application as is provided by the office with regard to thecompletion of its own applications, unless the applicant refuses assistance.

E. If a voter registration agency designated under subsection A of thissection provides services to a person with a disability at the person's home,the agency shall provide the voter registration services as provided for inthis section.

F. A person who provides services at a designated voter registration agencyshall not:

1. Seek to influence an applicant's political preference;

2. Display any material indicating the person's political preference or partyallegiance;

3. Make any statement to an applicant or take any action the purpose oreffect of which is to lead the applicant to believe that a decision toregister or not to register has any bearing on the availability of servicesor benefits; or

4. Disclose, except as authorized by law for official use, the socialsecurity number of any applicant for voter registration.

Any person who is aggrieved by a violation of this subsection may providewritten notice of the violation to the State Board of Elections. The Boardshall be authorized to cooperate with the agency to resolve the allegedviolation. Nothing contained in this subsection shall prohibit an aggrievedperson from filing a complaint in accordance with 24.2-1019 against aperson who commits any election law offense enumerated in 24.2-1000through 24.2-1016.

G. A completed voter registration application shall be transmitted asdirected by the State Board of Elections not later than five business daysafter the date of receipt.

H. Each state-designated voter registration agency shall maintain suchstatistical records on the number of applications to register to vote asrequested by the State Board of Elections.

(1996, cc. 72, 73; 2002, c. 747.)