Virginia Regulatory Town Hall
Agency
Department of Elections
 
Board
State Board of Elections
 
chapter
Voter Registration [1 VAC 20 ‑ 40]
Chapter is Exempt from Article 2 of the Administrative Process Act
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6/19/23  8:27 am
Commenter: Ann Grigorian

SUPPORT - Please approve this policy
 

Jury Duty surveys provide useful self-reported information related to the status of individuals living in Virginia who may be disqualified to vote in the Commonwealth. Virginia Law mandates that the Department of Elections is responsible for the central record keeping of all registered voters in the Commonwealth.  Virginia Code §24.2-404 (A) requires this list to be accurate.  To assist in this effort, Virginia law §24.2 – 404(B)(9) directs that ELECT shall “Use any source of information that may assist in carrying out the purpose of this section (list maintenance).  All agencies of the Commonwealth shall cooperate with the Department in procuring and exchanging identification information for the purpose of maintaining the voter registration system.”  In 2012, the Supreme Court decision in Arizona v. Inter Tribal supports this policy by its finding that nothing precludes States from conducting list maintenance based on information in their possession establishing ineligibility.  A 2019 report by the General Accounting Office report found that undeliverable notices from jury duty surveys can help election officials to identify registrants who have potentially moved or are noncitizens.  In March of 2020, the United States Election Assistance Commission (EAC) recommended using reports of returned jury notices as a best practice for list maintenance.  Due to Federal and State restrictions on requiring documentary proof of U.S. citizenship, Virginia currently has few effective routine list maintenance procedures to address the identification non-citizens and other registered voters who have had a change in status between routine list maintenance tasks. Virginia should join the other five states including DC who routinely utilize this resource for list maintenance purposes. I urge the State Board of Elections to approve this list maintenance policy.

CommentID: 217295