2006 Code of Virginia § 24.2-422 - Appeal of person denied registration

24.2-422. Appeal of person denied registration.

A. A person denied registration shall have the right to appeal, withoutpayment of writ tax or giving security for costs, to the circuit court of thecounty or city in which he offers to register by filing with the clerk of thecourt, within ten days after the denial, a petition in writing to have hisright to register determined.

The petitioner may file his petition by completing and filing a form whichshall be prescribed by the State Board and which shall be used by the generalregistrar to notify an applicant of the denial of his application to registerand of the reasons for the denial. The form shall (i) state that an applicantdenied registration has the right to appeal to the circuit court of thecounty or city in which he offers to register, (ii) give the name and addressof the clerk of the circuit court for such county or city (to be supplied bythe general registrar), (iii) state that a filing fee of ten dollars must bepaid when filing the petition, (iv) contain a statement by which theapplicant may indicate his desire to petition the court to have his right toregister determined, and (v) provide space for the applicant to state thefacts in support of his right to register.

On the filing of a petition to have the right to register determined, theclerk of the court shall immediately bring the matter to the attention of thechief judge of the court for the scheduling of a hearing on the petition. Thematter shall be heard and determined on the face of the petition, the answermade in writing by the general registrar, and any evidence introduced as partof the proceedings. The proceedings shall take precedence over all otherbusiness of the court and shall be heard as soon as possible.

On the filing of the petition, the clerk of the court shall immediately givenotice to the attorney for the Commonwealth for his county or city, who shallappear and defend against the petition on behalf of the Commonwealth.

Judgment in favor of the petitioner shall entitle him to registration. From ajudgment rendered against the petitioner, an appeal shall lie to the SupremeCourt of Virginia.

B. The general registrar shall send a new application for registration to theapplicant with the form prescribed in subsection A. The general registrarshall advise the applicant that he may complete and return the newapplication, in lieu of filing an appeal, if the reason stated for denial isthat the applicant has failed to sign the application or failed to provide arequired item of information on the application. Any applicant who returns asecond application and whose second application is denied shall have theright to appeal provided in subsection A.

C. The provisions of 24.2-416, pertaining to the closing of registrationrecords in advance of an election, shall apply to any application submittedpursuant to subsection B following a denial of registration.

(Code 1950, 24-112; 1970, c. 462, 24.1-67; 1974, c. 428; 1985, c. 351;1993, c. 641; 1997, c. 114; 2001, c. 627.)