Introduction

Center for Election Confidence, Inc. (“CEC”) is a non-profit organization based in Arlington that promotes ethics, integrity, and professionalism in the electoral process. CEC works to ensure that all citizens can vote freely within an election system of reasonable procedures that promote election integrity, prevent vote dilution and disenfranchisement, and instill public confidence in election systems and outcomes. 

CEC submits these comments concerning 1 Va. Admin. Code 20-40 [hereinafter VAC] to the Virginia State Board of Elections in response to the periodic review of this regulation required by Va. Code Ann. §§ 2.2-4007 and           -4017.1, 1 VAC 20-10-120, and Executive Order 19 (2022).

CEC’s interest in this periodic review relates directly to its purpose of “advancing the role of ethics, integrity, and legal professionalism in the electoral process, including safeguarding the right of eligible voters to vote” by undertaking efforts that “increas[e] confidence in election results and election systems”.[1]

Inter-State List Maintenance`

1 VAC 20-40-60 requires the notification of election officials of a successful voter registration applicant’s previous voting domicile of their registration to vote in Virginia but does not specify the form or publication of such notification. In the interest of promoting effective list maintenance, transparency, and voter confidence in the voter registration and list maintenance process (as well as to give effect to applicants’ presumption that cancelation of previous registrations happens automatically, as occurs in many jurisdictions with inter-state driver license transfers), CEC urges the State Board to update this section to require such notifications to previous registration jurisdictions to be sent within three (3) days of a successful applicant’s request and to take a written form sufficient for compliance with the federal National Voter Registration Act’s list maintenance requirements[2] such that the previous registration jurisdiction may treat the notification as the registrant’s request to be removed from their voter registration list, which may require the successful applicant to provide their signature for such request and to include such affirmation with the transmitted notification.

Promulgation of Rules for Use of SAVE Program for Citizenship Inquiries

Va. Code Ann. § 24.2-404(E) requires State Board to “promulgate rules and regulations governing the use of the immigration status and citizenship status information received from the [Systematic Alien Verification for Entitlements] Program” once Virginia’s participation in the SAVE Program is approved. The USCIS lists the State Board as “registered with SAVE”;[3] however, the State Board has yet to promulgate the rules and regulations concerning use of the SAVE Program. 

So that election officials across the Commonwealth may use the SAVE Program to research the citizenship status of those who apply to register to vote in Virginia, CEC urges the State Board to initiate immediately the rulemaking required by Va. Code Ann. § 24.2-404(E).[4]

CEC’s interest in this proposed action relates directly to its purpose of “advancing the role of ethics, integrity, and legal professionalism in the electoral process, including safeguarding the right of eligible voters to vote” by undertaking efforts that “increas[e] confidence in election results and election systems”.[5] Using all available tools—especially those, like the SAVE Program, specifically required by the General Assembly—to ensure that only eligible American citizens living in Virginia are registered to vote and able to cast ballots in the Commonwealth is a key indicator for voters with respect to the trustworthiness of and their confidence in any election. 

The rule adopted by the State Board must, at a minimum, include provisions concerning access to the SAVE Program by both ELECT and General Registrars, the application and confirmation of results provided by the SAVE Program, and the use of such confirmed information relating to a registrant’s status as a non-citizen with respect to their removal from Virginia’s voter registration lists.[6] Further, the rule must provide for the ability of registrants flagged by the SAVE Program as possible non-citizens to contest such a designation. See 1 VAC 20-40-70. 

This rule is necessary and justified not only because the General Assembly requires it, which is sufficient need and justification standing alone, but also because it would bring into effect provisions of the Virginia Constitution,[7] Virginia Code, and Virginia Administrative Code relating to citizenship as a key voter qualification in Virginia. 

Such a rule would positively impact CEC because it would effect considered policy changes consistent with CEC’s mission, and the impact on Virginia voters would similarly be positive because use of the SAVE Program as an additional set of available datapoints for verification of the citizenship status of applicants for voter registration is a common-sense effort that will pay dividends in voters’ confidence in Virginia’s election processes and outcomes. “In Crawford v. Marion Cty., Ind., Justice John Paul Stevens wrote that ‘public confidence in the integrity of the electoral process has independent significance because it encourages citizen participation in the democratic process.’”[8]

Update Statutory References

To the extent that existing regulations contain outdated references to previous versions of the Virginia Code, CEC urges the State Board to update such regulations to provide for accurate and up-to-date citations and to review such references specifically for accuracy during each periodic review.

Complete Other Required Rulemakings

Various other sections in Title 24.2 of Va. Code Ann. require the State Board to promulgate regulations, but the State Board has failed to do so. To the extent such regulations would be codified in Chapter 40, Agency 20, Title 1 of the Virginia Administrative Code, CEC urges the State Board to undertake such rulemakings.

Conclusion

The Center for Election Confidence urges the State Board to take the necessary steps to implement the proposals contained in this Comment for the benefit of Virginia voters’ confidence in the Commonwealth’s elections.

                                                                        Respectfully submitted this 31st day of December 2025,

                                                                        /s/ Caleb J. Hays

                                                                        Chief Policy Counsel

                                                                        Center for Election Confidence, Inc.