Thank you for the opportunity to submit written testimony on the Proposed Regulation on Voter Photo Identification Document. I write on behalf of the Fair Elections Legal Network.

The Fair Elections Legal Network (FELN) is a nonpartisan organization based in Washington, DC, with a focus on election administration policy and practice. Since our founding in 2006, we have provided information and materials to voter registration and civic engagement groups across the country and have advocated for policy and practices that make the ballot box accessible for all eligible voters. We work with registrars in Virginia and have met with the Board of Elections on numerous occasions to address election administration issues.

FELN believes there are many positive aspects to the proposed regulation, but also voices concerns on some unclear or troubling portions of the regulation.

The proposed regulation begins by defining “voter photo identification card.” The definition which states “the official voter registration card containing the voter’s photograph and signature…” currently fails to distinguish between the general voter registration card that all voters receive and the new photo voter ID. The photo ID will be a separate card from the traditional voter registration card and should be defined as such in the regulation.

FELN applauds including a provision which allows voters to apply at any general registrar’s office for their free ID. This provision will allow voters who live or work closer to a registrar in a locality other than their home locality to obtain ID in an easier and more streamlined manner. The voters who require free ID will often require public transportation to access the ID application. While FELN believes the ID application should be available beyond registrars’ offices to ensure adequate access for voters, allowing voters access at all registrar’s offices is a step in the right direction.

Subsection A states that voters must have their photo taken and their signature captured by the general registrar or the registrar’s designated staff. Numerous registrars across the Commonwealth have part-time registrars and staff. FELN believes the wording of section A should include the phrase “by the general registrar, the registrar’s designated staff, or any other person empowered by the registrar to collect such information.” This change would allow the registrars to select a volunteer in their office to collect photographs and signatures and would work to ensure opportunities to obtain ID are not limited due to one person’s absence from the registrar’s office. Some voters will be devoting large blocks of time to obtain an ID and should not face the possibility of showing up to an office where the two selected staff members are unavailable to provide this essential service.

Subsection B provides that voters who apply for a photo ID card after the close of registration “may” receive a temporary ID. This phrasing should be changed to “will be provided with a temporary identification.” By mandating that registrars provide temporary ID, the possibility for provisional ballots due to an ID not arriving in time is limited. This will help to streamline both the voting and tabulating periods for any election.

Additionally, subsection B should include a provision requiring a receipt be provided to all voters who have completed the application for a photo ID. This receipt would serve as proof of application for a voter ID in the event that a voter’s ID does not arrive in the mail before Election Day due to computer or human error. Receipts are common practice in Virginia, as voters who register with a third party voter registration drive must all be given a receipt. A document as important as a photo voter ID should include a receipt to reduce provisional ballots and ensure that only voters who truly lack ID are required to vote provisionally and present in person after Election Day.

Subsection D states that registrars “may” solicit applications at locations other than their offices and that no registrar will be required to provide this service. Virginia’s previous voter ID law was coupled with an executive order mandating that all Virginia voters receive new ID mailed to their home. Governor McDonnell recognized the importance of election officials making ID as accessible as possible. A stricter ID standard should be made as accessible as the previous standard or as close as is possible under current budgetary constraints. Voters who lack ID are often limited in their ability to travel. They do not have driver’s licenses and require public transportation or must receive transportation from a friend or relative. As such, registrars should be required to provide opportunities to apply for an ID at least once a month outside of their office hours and location, preferably on weekends at community events.

We applaud Subsection E and the insistence that voters who are present in the DMV database will not be denied the opportunity to receive an ID if they are no longer in possession of their license or ID card.

Subsection G, which states the applications will be unavailable for public inspection, should be amended. Community groups who work to ensure all voters have opportunities to register and vote often obtain registration records in order to track ongoing issues throughout the Commonwealth. The photo voter ID application does not contain any more sensitive information than is present on the Virginia voter registration application and as such should not be of high concern to make available for public inspection.

While there are many positive aspects to the proposed regulation, the changes that we raise have the potential to greatly impact implementation of the new photo voter ID law. We hope our concerns are addressed in future versions of the regulation and look forward to working with you on implementation of this new law.

Thank you for your time and consideration.

For further questions please contact:

Courtney Mills

Staff Attorney

202-331-0114

CMills@fairelectionsnetwork.com