2006 Code of Virginia § 24.2-429 - Maintenance of accurate registration records by general registrar; notice and hearing before cancel...

24.2-429. Maintenance of accurate registration records by generalregistrar; notice and hearing before cancellation.

Whenever a registered voter is alleged to be improperly registered, exceptfor reason of removal of residence from the precinct, either by the generalregistrar or by any three qualified voters of the county or city who makesuch an allegation to the general registrar, the registrar shall post at thecourthouse or publish in a newspaper of general circulation in his county orcity the name of the registered voter on a list of persons whoseregistrations are to be cancelled by the general registrar. The list shall becertified by the registrar and delivered or sent by mail to the county orcity chairman of each political party. If sent by mail, the general registrarshall obtain a certificate of mailing. In addition to the posted or publishedlist, the general registrar shall send a notice by mail to the last knownaddress of each registered voter on the list, stating the reasons provided bylaw for the cancellation, the facts on which the cancellation is based, andwhen the registrar, at his office during regular office hours, will heartestimony produced for or against the right of persons named in the notice tobe retained on the registration records. The hearings shall be held not lessthan ten days after the mailing of the notice, and in no event shall bewithin sixty days of the general election in November or within thirty daysof any other election in the county or city.

At the hearing, the registrar shall hear the testimony produced and shalldetermine if the registered voter named in the notice is qualified to vote inthe county or city. If the person is no longer qualified to vote, theregistrar shall cancel the voter's registration. Nothing contained in thissection shall prevent the registered voter from applying to the generalregistrar for a transfer to his proper jurisdiction, provided theregistration records are not closed as provided by law. The general registrarmay continue the hearing for a period of not more than thirty days in orderto complete his examination. If the registered voter so challenged fails toappear and defend his right to be registered, his registration shall becancelled by the general registrar.

(Code 1950, 24-59, 24-60, 24-60.1, 24-71 through 24-73, 24-90, 24-93,24-94, 24-97, 24-98, 24-101, 24-107, 24-108, 24-111; 1954, c. 690; 1958, c.576; 1962, cc. 422, 536; 1964, c. 538; 1970, c. 462, 24.1-46(13), 24.1-60,24.1-61; 1972, c. 620; 1973, c. 30; 1974, c. 428; 1976, c. 616; 1979, c. 329;1980, c. 639; 1982, c. 650; 1983, c. 398; 1984, c. 480; 1986, c. 558; 1990,c. 193; 1991, c. 10; 1993, c. 641; 1996, cc. 72, 73.)