Virginia New Majority believes that all elections need to be free, fair, and accessible to all qualified voters of the Commonwealth of Virginia. We continue to strongly oppose any photo ID requirement in order to cast a ballot, and believe that any proposed regulations must mitigate any unnecessary burdens the law imposes on registered voters who need to obtain the required photo voter identification card.

In reviewing the proposed regulations, we recommend that the following sections need to be clarified or amended as follows (comments in italics):

• A.2. The voter’s information is correct in the voter registration system.

Comment: Provide clarification on the definition of “correct.”

• A.3. A photograph of the voter is taken by the general registrar or the registrar’s designated staff; and

Comment: The general registrar should be able to designate an individual who may not be a paid staff person. For example, electoral board members are not paid staff. Having additional individuals qualified to process photo voter identification applications will help alleviate additional burden on already strained resources.

• A.4. The voter’s signature is captured by the general registrar or the registrar’s designated staff.

Comment: See above.

• C. A person who is unregistered may apply for a voter photo identification card, and will be provided with the card upon approval of the submitted application for voter registration. A person who is unregistered may not be provided with a temporary identification document.Thank you for the opportunity to provide comment to the proposed regulations regarding the State Board of Elections’ (SBE) implementation of Virginia’s photo voter identification requirement.

Comment: Insert “when submitting an application for voter registration” before the first comma in the section to read as follows: “A person who is unregistered may apply for a photo voter identification card when submitting an application for voter registration,…”

• D. General registrars may solicit applications for voter photo identification cards at locations other than their offices. No general registrar shall be required to offer this service.

Comment: Insert “,and are encouraged to,” after “may” to read: “General registrars may, and are encouraged to, solicit applications…” Additionally, delete the last sentence: “No general registrar shall be required to offer this service.”

• E. A person’s inclusion in the DMV’s database will not exclude such person from being eligible to receive a voter photo identification card so long as the person affirms he is not in possession of the identification document.

Comment: Insert “current” before “possession” to read as follows: “….so long as the person affirms he is not in current possession of the identification document.”

• G. Applications for voter photo identification cards shall be (i) considered "registration records," as defined in § 24.2-101 of the Code of Virginia; (ii) unavailable for public inspection as provided in § 24.2-444 C of the Code of Virginia; and (iii) retained by the registrar as provided by subdivision 8 of § 24.2-114 and the applicable Library of Virginia retention schedule for local election records.

Comment: Provide clarification to the definition of “registration records” and how voter photo identification card applications differ from registration records available for public inspection as covered under the National Voting Rights Act.

In addition to the recommendations to the specific sections mentioned above, we believe that the regulations should include:

• Require that general registrars provide voter photo identification card applications to all eligible voters who apply at their office on days and during the hours that the office is normally open.
• Poll workers must not spend an excessive amount of time comparing photos at the polls. The SBE shall provide standardized training to election officials as to how to compare photos.
• The SBE should consider providing a receipt to persons who have their photo taken for the photo voter identification card, so that persons not receiving the photo voter ID within a reasonable amount of time (7-10 days) will know with whom to follow-up, given that a third-party vendor may be responsible for the production and mailing of the photo voter ID card.

Thank you for the opportunity to provide these comments.