Voter Photo ID

I have a great concern with the issuing of temporary Photo IDs for voters due to the proximity to Election Day, It was stated by SBE staff that either myself or any of my staff could sign the temporary Voter Photo ID and that our locality would have to train my Officers of Election to accept these temporary Voter Photo IDs used by the voter on Election Day as the voter's qualifiying ID.  My question is what if the voter is from another locality?  Does my locality have to give the voter a temporary Voter Photo ID, signed by me or my staff, since none of us work in the locality the voter lives in?  I believe all voters who wish to acquire a Voter photo ID (regular or temporary) should have to go the registrar's office in the locality they are registered in.     

The proposed changes:

A. Pursuant to the requirements of § 24.2-404 of the Code of Virginia, a voter who does not have an acceptable form of identification listed in § 24.2-643 of the Code of Virginia may obtain a voter photo identification card free of charge through any general registrar's office if:

This basically states that smaller localities have the potential of being forced to enter data for neighboring bigger localities without compensation simply for being more geographically accessible.

There needs to be a mechanism by which a smaller jurisdictions can be compensated either by the Commonwealth or by the locality where the voter resides in order to facilitate the increased work load of the smaller jurisdiction's limited staff and budget abilities. This is a boon for larger localities. Smaller localities will be paying more without a compensation mechanism in place.

I otherwise support this measure because it is beneficial to voters.

I also share the concern of allowing voters to obtain a Photo ID (or copy) from a surrounding locality.  This ability for the sake of convenience is not conducive to jurisdictional control.  I, as the General Registrar, am responsible for the voter registration within my County not the Commonwealth.

I support all other regulations stated here.

There is a great concern about issuing photo IDs to persons who are not registered within the locality of the Registrar.  Although VERIS may be able to confirm someone is a registered voter within Virginia, we do not manage the records for those voters outside of our locality.  For example: We verify the petition signatures of voters outside of our own locality...each is done by the approving locality.  So, why would SBE permit a Registrar for another locality to issue a Photo ID card for someone not in their jurisdiction?  This could also be an extra expense for localities in personnel, training, etc. that our budget cannot absorb. 

The Voter Photo Identification Card Application also does not contain any statement with regards to material misrepresentation.  Yes, the voter must sign to indicate the information is true, but unike, the Virginia Voter Registration Form, there is no "teeth" to the form in the fact that someone can sign without penalty for misrepresentation.  We are not confirming anyone's identity or whether they may have a photo ID through DMV (since they have a DMV number issued).  I would recommend SBE consider adding a statement or modifying the statement to include: "I swear/affirm, under felony penalty for making willfully false material statements or entries, that the information provided on this form is true."

There is little evidence available indicating fraud related to the lack of photo IDs.  There is a preponderance of indicators available showing what would be the denial of voter rights to legitimate voters who would have a difficult time purchasing or procuring photo IDs. A requirement of photo IDs is therefore unjust as well as scurrilous in its intent. Thank you.  

The proposed Regulations provide for the Registrar to go to remote locations to capture the photo and signature of the applicant. This service should be mandatory to eliminate the hardship of elderly, low-income and disabled voters travelling to the Registrar's office. This especially applies to geographically large jurisdictions where the population is widely distributed. Every effort should be made to insure that elderly, disabled and low-income voters are not disenfranchised. In a recent webinar, SBE stated that the remote capability was being developed to be implemented after an initial period following the July 1 implementation date.

Falls Church City is 2.5 square miles in area and home to 9 thousand registered Virginia voters, nestled between the Counties of Arlihngton (159 thousand voters) and Fairfax (704 thousand voters).  More of the voters who enter our office to do business live in the other two counties than in our city.  However, they prefer to come to our office because it is small, convenient, and because they appreciate the personal service they receive.  Our office has the equivalent of 2 full-time employees.  Arlington and Fairfax have many more.  For our office to provide photo IDs for voters from other localities would put a lot more strain on our staff than on the staffs of the two counties.  While we do not object to providing service to voters of nearby localities, we urge the Department of Elections to track the level of effort required by all localities and, where it is found to be disproportionate, redirect funds among localities to reflect the level of effort expended.

Comments of the League of Women Voters of Virginia on the Proposed Regulatory Documents for Voter Photo Identification Cards: May 6, 2014

The League of Women Voters of Virginia appreciates the opportunity to comment on the proposed regulations for the Voter Photo Identification Document although we continue to believe that the legislation requiring the use of a photo ID by Virginia voters is unnecessary and a step backward in facilitating participation in our democracy for all eligible Virginia citizens.

Because of our belief that election laws and procedures should be designed to facilitate voting and encourage participation of a large percentage of citizens in all elections, we believe that access to the free photo ID requires:

• Amending proposed section D to state that General registrars may "and are encouraged to" solicit applicants outside their offices.  The sentence stating that they shall not be required to offer this service should be deleted.  We would prefer that some requirement be established that takes into consideration the ability of the office to staff this activity.  Perhaps the following suggested edits for sections A 3 and 4 would resolve this problem.
• Amending proposed sections A 3 and 4 to enable "any general registrar or person designated by the general registrar" to take the photograph and obtain the signature of the voter.  This would not only ensure that there is no question that a person could obtain the ID from any registrar's office in Virginia, but enable the task to be handled by trained volunteers.  Since the voter registration system required by Section 24.2-404A is a state-wide system, we do not agree with those who would limit access to only those residing in that jurisdiction.
• Adding a regulation that requires General registrars to provide photo identification cards to all eligible applicants who apply at their office on days and during the hours that the office is normally open.  This reinforces the requirement to serve all eligible Virginians, no matter their jurisdiction of residence.
• Including the proposed section E preventing a registered voter from being turned away because she was included in the DMV database.

We believe that providing a temporary voter identification document if the regsitered voter's application is made after the deadline for registering to vote in the upcoming election as provided in section B is necessary.  It will eliminate a lot of potential problems at the polling place.  It is important that:

• The form or format used throughout the Commonwealth be established by the Department of Elections,
• Issuance of the temporary identification document be flagged in the EPB, and
• Training about the use of these documents be provided to election officers.

Just as the Department of Elections will need to revise voter registration forms, documents and information to indicate the need to provide a photo ID at the polls, General registrars and electoral boards need to be advised to do likewise.  This affects staff and volunteer training as well as public information sources and activities.

Several sections need to be clarified.  These include:

• The definition of the voter photo identification card needs to be distinguished from the "other" voter registration card also required by Section 24.2-404 A 3.  Both need to be defined, hopefully with more distinguishable names.  References to the card, e.g. section A 1, need to be the same as the definition.
• The voter registration system mentioned in section A 2 needs to reference Section 24.2-404 A of the Code.
• Note specifically that section B covers registered voters to distinguish it from section C that applies to unregistered voters.  Further, section C would be more easily understood if the clause, "when submitting an application for voter registration," were to be inserted after the first comma.
• Since these state-provided photo IDs are to be used only for identification to vote, this needs to be made clear in section B.

It is always important to anticipate potential problems, especially those that cause voter confusion and delays at the polls. While some of these have been covered above, two more come to mind:

• The Department of Elections should consider providing a receipt to persons who have their photo taken for the ID to be prepared, so that persons not receiving the ID within a reasonable amount of time will know with whom to follow-up.  This would not be that imporatant if the process was completed by the General registrar, but becomes important since it involves an outside contractor.
• The fact that election officers are not to be "photo police" or otherwise spend an excessive amount of time comparing photos at the polls needs to be emphasized in training sessions and materials.

Finally, the need for, and meaning and connections of, the references included in section G should be explained and clarified.  In addition, the decision (see minutes of SBE meeting of April 23, 2014) to exclude the "felony penalty warning" on the photo ID application form based on advice from the Attorney General's office and the fact that the legal justification to require such a warning does not exist should be noted.

League of Women Voters of Virginia (tm), May 6, 2014

I cannot understand why a photo ID is necessary if the voting disticts mail out a Voter Registration Cards to everyone. A photo ID is not necessary for sending in Absentee Ballots. Why make seniors, those with physical handicaps, and those from rural areas undergo this unnecessary and costly charade? If the state demands this discrimination, then the state should have to pay those who do not have a picture ID driver's license and are eligible to vote. 

Z

In business, we make everything simpler for our clients to bank, to shop and to engage in the vibrant life of our community. Please make these common sense modifications as suggested by the League of Women Voters: Registrars should be encouraged to solicit applicants outside of their offices.  While some do not have the resources to do so, it should be encouraged in every way and jurisdiction possible. Taking the photo and obtaining a signature for the ID should not be limited to registrars or their staff; they should be able to designate persons to do this, such as volunteers. A registered voter should be able to obtain a photo ID at any registrar's office in Virginia, not just in the jurisdiction where they live. Registered voters should be able to apply for a photo ID during all days and hours that the registrar's office is open. A registered voter applying for a photo ID should not be turned away if her name is found in the DMV database. It is important to make provisions for a temporary voter identification document for those who apply close to the next election. The document form or format must be the same throughout Virginia and provided by the Department of Elections. In general, the process should be simple, accessible, straightforward and non-threatening. Thank you for this open and public comment process.

The voter ID is a law passed to solve a non-existent problem. It is a purely partisan exercise.

That said, if we must implement it's important that it be done in such a way that it does as little as possible to discourage voter participation.

Voters should be able to apply for a photo ID at any registrar's office no matter where they live.

Voters should be able to apply for a photo ID at all hours the registrar's office is open.

Registrars should make every attempt to go out into the community to find those who need IDs and assist them.

The process should be made as simple and straightforward as possible and as non-threatening as possible.

The photo ID bill suppresses voter turnout and is a solution without a problem.  We don't have a voter fraud problem in Virginia we have a voter trunout problem which is exacerbated by this new law.  It is not enough that the state is paying for the photo IDs.  Many registered voters do not have photo ID because they do not have the required documents to get it.  Or they don't have transportation to the registrar's office, or they are working during the hours that the photo ID is available.  Therefore, the registrars need to train volunteers in this process.  There should be a mobile photo ID van that goes to people who can't get to the office.  These kinds of needless restrictions on voting require extreme measures to compensate for the suppressive nature of the law.

Now that this is the law in Virginia, The SBE should facilitate obtaining photo IDs by senior citizens who no longer have drivers licenses or by other folks who do not drive.  "Photomobiles ", staffed by Ofice of Elections personnel and/or trained volunteers from each County  could be dispached throughout the State to senior living facilities as well as  to community events. 

The ACLU of Virginia opposes the law requiring registered voters to present an approved photo ID to vote.  Va. Code § 24.2-643(B) (effective July 1, 2014).  To mitigate the burden the law will impose on voters who do not have an approved photo ID, the implementation of the law should be clear, and the process to obtain a voter photo ID should be easily accessible to all voters.  We ask the State Board of Elections to: 1) require general registrars to conduct outreach and solicit voters; and 2) require that all registrars operate full-time, including non-traditional business hours and days.

Access to Voter Photo ID

As currently drafted, the regulation does not require general registrars to conduct outreach and solicit voters in need of approved photo IDs to vote.  Registered voters will be required to travel to a general registrar during business hours to complete and sign a voter identification card application.    If registrars are not required to conduct community outreach and sign up citizens who need voter photo IDs in locations outside of a registrar’s office, many voters will be disenfranchised by this law. 

Two groups of Virginians will be particularly impacted by this lack of outreach – voters without private transportation and voters with disabilities.  Voters without private transportation who live in communities without public transportation--such as those in geographically large, rural jurisdictions--may not be able to travel to a registrar’s office to obtain a photo ID card.  Even in jurisdictions that provide public transportation, some voters may not be able travel to a registrar’s office without difficulty.  For example, from certain locations in Fairfax County, it may take a voter several hours one-way on public transportation to reach the registrar’s office.   

These travel difficulties will also be burdensome for voters with disabilities, who are less likely to drive and may be more reliant on public transportation.  Additionally, some voters may have disabilities that make them unable to wait in lines at the registrar’s office to apply for a voter photo ID.  This is especially pertinent given the narrow timeframe for the implementation of the law.   

Availability of General Registrars

The regulation does not consider that many citizens’ lives do not adhere to traditional business hours or days.  Many voters cannot apply for a voter photo ID during current registrar hours because of their employment or childcare schedules.  Virginia law does not protect a voter who misses work to vote, nor will it protect a voter who needs to apply for a voter photo ID card.  Because not all registrars operate on full-time status, the burden to obtain a voter photo ID is even greater in part-time jurisdictions.    

The Commonwealth should require that all registrars operate full-time, in accordance with the election uniformity requirement of the Virginia Constitution, and expand the open hours to allow voters to apply for voter photo IDs during non-traditional business hours and days.

Notice of Inaccurate or Incomplete Information

Finally, section (B) of the proposed regulation should specify that a registrar must contact a voter who’s registration record is “materially inaccurate or incomplete” to alert the voter photo ID applicant that additional information is necessary to issue the voter’s ID.  Without such notice, voters may lose the opportunity to obtain an ID prior to the election.

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.

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

It is shameful when measures are introduced for the sole purpose of keeping people from voting in a sickening way to manipulate turnout. Sadly, the US already has one of the lowest voter turnout rates among wealthy countries. This is bad enough but then to make it diffiduclt for those who want to participate in the democratic process, it is truly sad. We should be encouraging people to vote. Politicians represent the people so let the people vote without obstruction.

I strongly oppose any regulation that creates obstacles for citizens to vote.  Our country already has lower voter participation than other democratic countries.  This regulation will make that problem worse under the guise of controlling voter fraud, which is not a problem at all.

just another false implication of the existance of voter id fraud...there is virtually NONE...so this just reflects the attempt  to suppress voter participation....now what about DUAL real estate ownership. while it may be illegal for someone to register to vote in Virginia, and a second state where they own real estate, HOW is it checked? there is the voter fraud. Put in place a voter registration computer program that allows only ONE registration and ONE vote per person, and NOT voter location. a NATIONAL voter card that would be checked off....what numbers are at this time specific to a person? a social security number....domicile may change many times during a year or so, especially for young, transient workers...they would NEVER be able to vote. The elderly who have been able to vote with a utility bill will be excluded...HOW will an elderly (non mobile) person be able to acquire an absentee ballot? last time I asked that question....they didn't know the answer

It is so important that the process for getting the voter photo process is well advertised in the local newspapers, on local radio and social media.  Also that it is simple and made as convenient as possible for the voter.   Additional sites for obtaining the voter photo and signature for the ID should be made available other than at the registrar’s office.  Designated volunteers could be utilized to make this happen.

Elaine Head

The League of Women Voters of the Fairfax Area believes that voting in any election should be as easy and as accessible as possible.  We believe that all eligible voters should be registered, and, if a Photo ID is required, that it should be easily obtainable.  Therefore, we think that a registered voter without a Photo ID should be able to obtain one from any Virginia Registrar’s Office during all the opening hours of that office. Requiring that a registered voter only use the “home” office may be an unnecessary burden when another jurisdiction’s office may be closer or more convenient. Give the registered voter a choice.

Registrars should be able to leave their offices and set up satellite locations in order to register voters and take photos.  They should also be permitted to assign staff and trained volunteers to assist them, thereby  making the process easier for the voter.

There needs to be a sensible and clear policy for those registered voters requiring a Photo ID close to the election.  This policy should be consistent throughout the state.

Thank you for the opportunity to make comments on this important policy.

Obtaining the photo ID could be burdensome for some voters. To guard against restrictions that impede voters’ participation the regulations must be carefully constructed. To facilitate obtaining the free photo ID these changes could help:

Strongly encourage registrars in all jurisdictions to arrange opportunities outside of the election office. Senior centers would be a good place to find voters who would benefit from this outreach

Allow designated persons, not just office staff, to take the photo and complete the process. Well-trained volunteers would relieve already overworked registrars and staff.

Make the process as convenient as possible by allowing the voter to obtain the photo ID at any registrar’s office – the one most easily accessed by the voter.

Provide thorough public notice about the new photo ID requirement, including the temporary ID that can be obtained near election day.

To avoid even lower voter turnout and confusion at the polling place the entire process must be sensible, simple, fair, and convenient.

Thank you for the opportunity to comment on these regulations.

Senior citizens who no longer drive are the most vulnerable to suffer with this new law.  I strongly urge each registrar to provide photo ID opportunities within neighborhoods - perhaps a mobile van at senior housing facilities, at senior centers, and places where seniors might congregate.

I do not understand why you insist on making voting so much more difficult when you should be ENCOURAGING citizens to vote!   Since the regulations have not been finalized I would suggest that the process should be simple, accessible, straightforward and non-threatening.

Taking the photo and obtaining a signature for the ID should not be limited to registrars or their staff; they should be able to designate persons to do this, such as volunteers.

  A registered voter should be able to obtain a photo ID at ANY registrar's office in Virginia, not just in the jurisdiction where they live.

Registered voters must be able to apply for a photo ID during all days and hours that the registrar's office is open.

 A registered voter applying for a photo ID should not be turned away if her name is found in the DMV database.

Provisions must be made  for a temporary voter identification document for those who  apply close to the next election. 

The document form must be the same throughout Virginia and provided by the Department of Elections.

Thank you

I write to request protections for the right of citizens to vote in the development of regulations for the new (and unnecessary) photo ID law.  The procedures for obtaining the ID must be clear and simple, with the purpose of encouraging every citizen to vote, rather than being difficult and cumbersome with the result of discouraging people from voting.  To that end, I am asking your consideration of the following:

* Registrars should be required to make the photo ID procedure available out in the community, as well as in the office, within the limitations of the budget.

* Volunteers should be trained to handle the photo ID procedure, so that the number of procedures done is not limited by the staff available to do it.

* Photo IDs should be available in any jurisdiction, not just a voter's home jurisdiction.

* The photo ID procedure should be available during all of the hours the registrar's office is open.

* A registered voter whose name is found in the DMV database, should not be turned away from applying for a photo ID.

Registered voters should be able to apply for photo ID any time registrar's office is open.

A registered voter applying for a photo ID should not be turned away if his/her name is found in DMV database.

Document or form should be standard throughout Virginia and provided by the Office of Elections.

Provisions for a temporary photo ID should be made when applying close to an election.

Process should be straightforward and unthreatening.

The Voter ID Regularions have a structural hindrance to obtaining a Voter ID.  How do the very people who need a Voter ID, people who are disabled, senior citizens who do not have a license or who can no longer drive, people in nursing homes, those who are unable to or find it difficult to get to the Registrar's office, obtain a Voter ID?  The language of the regulation states, "No general registrar shall be required to offer this service ['offering voter identification cards at locations other than their offices']."

A clause or paragraph should be included to explicitly state procedures which would not impose great difficulty for the seniors and disabled to obtain Voter identification cards, perhaps by registrar employees aided by student volunteers.  Authorized representatives, not necessarily employees of the registrar's office, could act in this capacity, for example, a city or county employee, police, or social worker.

: 

Proposed Regulation on Voter Photo Identification Document

Voter Registration [1 VAC 20 - 40]

Voter ID legislation is a solution to a problem the state of Virginia does not have: voter fraud.

In addition to being a solution to a problem we do not have, this legislation will cost taxpayers anywhere from $7,912,717 to $22,594,291, based on research from the nonpartisan Commonwealth Institute (http://www.thecommonwealthinstitute.org/wp-content/uploads/2012/02/120208_hb569_voter_ID_cost.pdf).

We fully support the perspective provided by the League of Women Voters of Virginia, noted immediately below (http://www.lwv-va.org/files/photoidcomments_2014-05-07.pdf ):

The legislation requiring a photo ID for voting in Virginia was unnecessary and a step backward in facilitating participation by all Virginia citizens in our democracy.  We should be more concerned about the low voter turnout than imposing additional restrictions on voting.

Election laws and procedures should be designed to facilitate voting and encourage the participation of a large percentage of citizens in all elections.  Many of the proposed regulations are excellent, but LWV members should address any of the following suggestions to help facilitate the voting process and increase access to the polls:

·       Registrars should be encouraged to solicit applicants outside of their offices.  While some do not have the resources to do so, it should be encouraged in every way and jurisdiction possible.

·       Taking the photo and obtaining a signature for the ID should not be limited to registrars or their staff; they should be able to designate persons to do this, such as volunteers.

·       A registered voter should be able to obtain a photo ID at any registrar's office in Virginia, not just in the jurisdiction where they live.

·       Registered voters should be able to apply for a photo ID during all days and hours that the registrar's office is open.

·       A registered voter applying for a photo ID should not be turned away if her name is found in the DMV database.

·       It is important to make provisions for a temporary voter identification document for those who

·       apply close to the next election.  The document form or format must be the same throughout Virginia and provided by the Department of Elections.

·       In general, the process should be simple, accessible, straightforward and non-threatening.

Thank you for this opportunity to comment. I have two main points to make, and I ask that the State Board of Elections consider these when reviewing the proposed regulation for adoption.

[1] Soliciting IDs at locations other than the Registrar's Office

The proposed regulation provides, in part, as follows: "General registrars may solicit applicants for voter photo identification cards at locations other than their offices. No general registrar shall be required to offer this service."

While there is some concern about voters who are disabled or homebound, I agree with this stipulation being in the final regulation. Voters who are homebound, disabled, or otherwise unable to go to their Registrar's Office to vote or obtain a photo identification are able to vote absentee and do not need to provide to photo identification when voting absentee (unless they are required by federal law to provide an identification). It is a disservice to to inform disabled, or other homebound, voters that they need a photo identification when they are not required to have an identification to vote absentee, and voting absentee would be more convenient to them. The law of Virginia currently provides the Annual Absentee Application, as well as absentee voting itself, to eligible voters, and state agencies, registrars, and electoral boards, should not be throwing up barriers to voters who are qualified to vote absentee. Leading people to believe that they need a photo identification when that is not necessary for absentee voting is misleading them about the laws of the Commonwealth.

Instead, a much better way of helping homebound or disabled voters is to inform them of the Annual Absentee Application, which is available under Va. Code 24.2-703.1. This Annual Application will allow them to receive ballots for the entire calendar year for any elections in which they are qualified to participate, including party primaries. Not only should eligible voters be informed of this Application by civic groups, registrars, and electoral boards, but the State Board of Elections should adopt a regulation requiring the Department of Elections to mail information about the Annual Absentee Application, every year, to all who voted absentee the previous year because they were ill or disabled (2A voters).

[2] Photo IDs should be obtainable only in the Registrar's Office where the voter is located

The photo identification should only be issued by the Registrar's Office where the voter resides. This is because that Registrar's Office has access to the records for that voter, and that Registrar's Office is able to make changes to the voter's record prior to issuance of a photo identification.

While there are workarounds that can be done that would allow one Registrar's Office to take the photo and begin the process even if the voter resides in another locality, the voter's information should be reviewed by the office where the voter resides. This additional step, if there later appears to be an issue with the voter's form or other information, may hinder or delay the voter's receipt of an acceptable form of photo identification.

Again, thank you for this opportunity to provide comment.

It would not be advisable to allow other jurisdictions to issue any identification to a voter of different jurisdiction.  Other jurisdictions would not have the controlling original voter registration documents available to them for resolving any outstanding voter registration issue that might be in existence.

A change of this nature would only exacerbate the current problem of out of jurisdiction voters attempting to seek services from a neighboring county/city with a lesser population demand, or more convenient access, or that offers fulltime 5 days a week service.  The current accepted and operating principle for voter registration is that each jurisdiction is responsible for its own voters, starting with processing of the voter registration application to the issuance of voter identification.  The process creates a single line of accountability; the same cannot be said of a process with multiple jurisdictions involved at any stage of this process.

From an efficiency standpoint, it would also be beneficial to allow voters to request a replacement Virginia Voter Photo ID by phone, fax, e-mail or other approved means provided the voter has previously been issued a compliant Virginia Voter Photo ID by the Registrar and there is no change required to the voter’s record.  The photo ID would be mailed to the mailing address appearing in the voter’s registration record currently on file.

In general, I agree with the comments submitted by the Leagues of Women Voters of Virginia and Fairfax County.  

I think any general registrar should provide photo ID to eligible applicants no matter what their jurisdiction of residence.  That will help people who are at work or under care during office hours in a jurisdiction where they don't live.

I also think the reg should allow for qualified, trained volunteers to help with photos and signatures.

I think it is a waste of tax payer money to provide voter ID. IT is a solution looking for a problem and will only be the casue of fewer people voting.  THere are too few people voting as it is. We have a broken system of government and theis makes it only worse. We should be trying to overturn Citizens United to get big money out of politics. That is what is helping to ruin this country.

The proposed idea of using volunteers has some flaws.  The system that will be used will allow volunteers to have access to a citizens social security number, DOB information and in some cases mothers maiden name.  So for a volunteer to work they will have to go through a back ground check and have to be sworn in and trained all costly.  The amount of training an individual must go through to complete the process is something that should be left to the Registrars and their staff.

For smaller localites that have little to no extra staff having to go to locations outside their office isn't  an option.  While we close our office to go take pictures voters could be turned away who do come to the office to register, vote or even get the id. 

May 12, 2014

Comments to Virginia’s Proposed Voter ID Regulations

            I am writing on behalf of Advancement Project, a national civil rights organization with a strong history of working in collaboration with local partners on voting rights and election administration issues in Virginia.  Thank you for permitting me to submit comments on the proposed regulations relating to Virginia’s new photo ID law, 1VAC20-40-10 and  1VAC20-40-90.

            As an initial matter, Advancement Project has concerns about the implementation of photo ID as a new requirement to cast a ballot in Virginia.  Identification is already required for first-time voters, and the new photo ID requirement is likely to impose a barrier to voting for many Virginia citizens.  According to the State Board of Elections (SBE,) more than 300,000 active voters lack a photo ID issued by Virginia’s Department of Motor Vehicles.  Although these voters may have another form of acceptable ID, experience in other states has demonstrated that most voters who don’t have a driver’s license are unlikely to have another form of acceptable identification.  For example, in our recent case in Wisconsin, the court relied on evidence showing that African-American voters were 1.7 times less likely to have photo ID than White voters, and similarly, that Latino voters were 2.6 times less likely than White voters to have photo ID.  See Decision & Order, LULAC V. Deinenger, No. 12-CV-0185, 54 (E.D. Wis., April, 29, 2014).  In the national November 2012 Black Youth Project Quarterly Survey, Black youth reported that the lack of required identification prevented them from voting at nearly four times the rate of White youth (17.3% compared to 4.7%). Latino youth were also affected at higher rates than White youth (8.1% compared to 4.7%). See e.g., The Time Tax: America’s Newest Form of Disenfrachisement for Millenials at 9 (2013), available at: http://b.3cdn.net/advancement/ba719924e82b44bb92_14m6bgjh0.pdf.  In addition, we have serious concerns about the short time frame that these voters would have before the November election to actually obtain an ID.  Given the legislature’s and the SBE’s apparent underestimation of the number of voters who need ID, the lack of funding to provide for all voters without ID to get one before November, and the lack of funding for an education program, voters who lack ID will have very little time to a) learn about the need for photo ID and b) arrange to travel to the registrar’s office to get a photo ID.  Such barriers often-time have a disparate impact on voters of color.  The exclusive distribution through Registrars’ offices is problematic because voters who lack an acceptable ID, by definition, do not drive and transportation to one or perhaps two possible locations within the county can be difficult if not impossible.  As a result, the voter ID law has the real potential to disenfranchise thousands of voters.

            With our general concerns as a backdrop, we submit the following comments to the proposed regulations by section.

            1 VAC20-40-10.  The proposed regulation adds an additional definition section for “Voter photo identification card.”  We believe that the proposed language is misleading, because  pursuant to Virginia Code §24.2-404, the registrars will continue to issue voter registration cards for newly registered voters that indicate their polling place.  The photo voter registration cards are only for those who lack an acceptable ID.  Therefore, we would delete the word “official” in the definition to avoid this confusion.

            1VAC20-40-90.

                        A.4.  This section limits the photograph taking to “designated staff.”  We believe that substituting “designated person” would allow greater flexibility and more people to get IDs to voters.

                        B.    In this section,  a voter’s receipt of an ID will be delayed if the voter’s record is “materially inaccurate or incomplete.”  We are concerned that this term is undefined and could be interpreted very narrowly to deny ID to qualified voters.  We suggest that a section be added to clearly identify what missing information would prevent an ID from issuing.  Similarly, the format, contents, production and other details of the “temporary identification document” are not specified.  For example, it is unclear whether this document contains a photograph or not, or how it would be used at the polling place in an actual election. These important details should be specified in the regulation.

                        C.        A person who is unregistered should be able to apply for a photo ID at the same time the person applies to register.  Thus, we recommend changing the first sentence to “A person who is unregistered may apply for a voter photo identification card when submitting an application for voter registration.”

                        G.        We believe this section to be misleading and does not reflect current law.  To the extent that applications for photo ID are deemed “registration records,” then such records are indeed available for public inspection in certain circumstances.  Regardless of the characterization, we strongly urge the SBE to adopt a policy of disclosure rather than non disclosure.  A lack of transparency regarding these records means that the there is no accountability for registrars regarding issuing IDs. For example, the public will not be able to determine who and how many voters have applied for ID, whether the applications was rejected, whether the registrar insisted on some correction in the voter registration file, or some other issue that would delay or prevent issuance of an ID card.  In addition, since we suspect that the legislature and the SBE have underestimated the number of IDs that will be necessary, shielding the records from disclosure will prevent the public from knowing the true extent of the impact of the photo ID law.  We believe that transparency could be achieved by making the records available with social security number redacted to protect privacy.

            In addition to the suggested revisions above, we note that several issues are not addressed in these regulations.  For example, the regulations do not specify a deadline for delivery of identification cards to voters.  We understand that the cards will be delivered centrally from the SBE but it is unclear how long the process will take.  We suggest that regulations require that the voters be provided with a dated receipt that advises the voter when to expect receipt of their ID.  If the voter does not receive the ID within that time, the voter can then follow up with the SBE.  Further, the regulations should specify that the identification cards will be mailed to voters at the address on file with the registrar, if that is what is contemplated. The SBE should also follow up with voters in the case of mail that cannot be delivered, and this may require a return receipt system.  We further recommend that the regulations require registrars to provide poll worker training regarding the new IDs and how those IDs should be properly used at the polling place, to ensure compliance with state and federal voting rights protections.  Finally, we note that the regulations are silent on providing the application form or other instructions in any other language.  We strongly urge the SBE to translate all relevant materials and ensure that there is oral assistance in the voter outreach, education, and application process in Spanish and Asian languages so that the many limited-English proficient citizens living in the Commonwealth will have access to the instructions and application form.  Please feel free to contact us if you have any questions or need any further information.

Marian K. Schneider

Senior Attorney

Advancement Project

Tel. 610-644-1255

Fax.  610-644-1277

Cell. 610-420-0632

National office:

1220 L Street NW Suite 850

Washington DC 20005

202-728-9557

Cell: 610-420-0632

email: mschneider@advancementproject.org

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I do not believe any Registrar wants to hinder anyone from voting; however, you must realize that some localities in Virginia do not have the staff or office hours as do most localities. In an office that is open on a part-time basis for 7 months of the year it could potentially cause problems in properly preparing for elections and keeping records up to date. I believe there was another comment geared towards this issue. If I lock my door to go into the community to take photo ID's then I may be hindering someone else from coming to my office for a service(registration, absentee voting, etc) Making photo ID's for any locality will also take more time. Most days I am the only one in my office.

In my opinion each registrar should only provide Photo ID for the voters of their own locality.

Just as these new photo ID requirements assure the "integrity of the election process" in the opinion of some, in the opinion of others they hinder the opportunity of certain citizens to vote.  Can we please compromise by giving trained volunteers the authority, under the direction of the registrars, to organize outreach efforts to locate and photograph those citizens who are registered but are unable to come to the registrar's offices??  Just as volunteers conduct Voter Registration drives, how about a volunteer "Voter Smile Drive: Validate your Registration!" day drive? 

In this way, volunteers could take photos of those voters some feel may be disenfranchised by the new law.  And if the volunteers can't find any voters who need the service?  Then the volunteers have assured themselves that very few voters, if any, will be excluded by the photo ID requirement.  And the 'integrity' folks have assured themselves the voting results are correct.  Perhaps we can all be satisfied.

There are many GR's that will not be able to provide Photo ID opportunities within the community.  My staff have been reduced from a 4 day per week position to a 1 day per week position.  There comes a time when you can not do more with less.  Petitions, In Person AB, AB by mail, training and all other duties must be done. 

I have a real concern with issuing photo ID's for voters of other localities.  Being centrally located within the tri-city area and easily accessible could ultimately put an increased workload on this (or any) small office. During election time this could become a serious problem with potential extra workload and limited staff.  Our budget could not accommodate an increased workload. 

• Registrars should be encouraged to solicit applicants outside of their offices.  While some do not have the resources to do so, it should be encouraged in every way and jurisdiction possible.
   
• Taking the photo and obtaining a signature for the ID should not be limited to registrars or their staff; they should be able to designate persons to do this, such as volunteers.
   
• A registered voter should be able to obtain a photo ID at any registrar's office in Virginia, not just in the jurisdiction where they live.
   
• Registered voters should be able to apply for a photo ID during all days and hours that the registrar's office is open.
   
• A registered voter applying for a photo ID should not be turned away if her name is found in the DMV database.
   
• It is important to make provisions for a temporary voter identification document for those whoapply close to the next election.
   
• The document form or format must be the same throughout Virginia and provided by the Department of Elections
   
• In general, the process should be simple, accessible, straightforward and non-threatening.

Dear Sir or Madam:  

I have worked as an election official for many years, including Chief, and have never observed voter fraud.  However, since the law has been passed, we need to make it as easy as possible for folks to obtain photo IDs.  I agree with the comments of the Virginia League of Women Voters which have been posted.  There are many good folks who would volunteer to go out into the community as needed to reach out to those who need IDs.  They could be trained and operate just as they do to register voters. 

Thank you for the opportunity to comment.

Carol Weber

The Lawyers’ Committee for Civil Rights Under Law (“Lawyers’ Committee”) writes to offer comments regarding the State Board of Elections’ new regulation regarding voter photo ID. The Lawyers’ Committee is a nonpartisan, nonprofit organization, formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. The principal mission of the Lawyers’ Committee is to secure equal justice under law, particularly in voting rights, criminal justice, community development, employment, educational opportunities, fair housing and fair lending, and immigration.

The Lawyers’ Committee opposes requiring Virginia residents to have photo identification to vote, as such a requirement is unnecessary, expensive, and threatens to disenfranchise thousands of eligible Virginia voters. As that requirement will go into effect on July 1^st, however, the Lawyers’ Committee stresses that regulations implementing the law must be clear and expand the opportunities available to voters to obtain photo identification, so as to minimize the negative impacts of the law. As discussed below, the Lawyers’ Committee has eight suggested changes to the proposed regulation on voter identification cards.

First, Section A(2) states that a voter may obtain a voter photo identification card if the “voter’s information is correct in the voter registration system.” However, it does not appear that “correct” is defined in the regulation. Therefore, the Lawyers' Committee recommends defining the term under “Definitions.”

Second, the Lawyers’ Committee suggests changes to Sections A(3) and A(4). These sections currently state that “[a] voter who does not have an acceptable form of identification” may obtain a voter photo identification card if, in addition to satisfying other requirements, “ the general registrar or the registrar’s designated staff” captures a photograph and the signature of the voter. The Lawyers’ Committee recommends changing the phrase “the general registrar or the registrar’s designated staff” to “the general registrar, the registrar’s designated staff, or other person.” Such a change would allow additional state staff and volunteers to handle the equipment and would maximize the opportunities available to Virginia residents to get photo identification.

Third, Section B states that “[a]ny voter applying for the voter photo identification card whose record in the voter registration system is materially inaccurate or incomplete will be issued a card after the information has been corrected and updated within the system.” However, this section does not require the registrar to notify these voters that their information is inaccurate or incomplete. Therefore, the Lawyers’ Committee recommends that this section be changed so that registrars are directed to alert voters with missing or inaccurate information that additional information is necessary before they can obtain a photo ID.

Fourth, Section C should be clarified by specifying that “[a] person who is unregistered may apply for a voter photo identification card when submitting an application for voter registration, and will be provided with the card upon approval of the submitted application for voter registration.” (additions in italics).

Fifth, Section D, which permits general registrars to solicit applicants for voter photo identification cards at locations other than their offices, should be changed so that it directs registrars to perform at least a minimum amount of outreach. Without a baseline requirement for outreach, the law risks disenfranchising voters in counties where registrars provide no outreach or extended hours. As currently written, the regulations may disenfranchise voters who are either unaware of the law or who are unable to travel to the registrar’s office during regular business hours, due to work or childcare obligations. The challenge will be particularly exacerbated in counties where the registrar’s office only operates on a part-time hours (registrar offices operate on a part-time basis in at least ten counties). Therefore, it is essential that the regulations include a requirement that registrars offer at least a minimum number of days with extended or weekend hours.

Sixth, Section E should specify that a person’s inclusion in the Department of Motor Vehicles’  database will not exclude them from being eligible to receive a voter photo identification card “so long as the person affirms he is not in current possession of the identification document.” (addition in italics).

Seventh, Section G which currently states that applications for photo identification cards shall be “unavailable for public inspection” should be rewritten so as to promote a policy of disclosure. §24.2-405 of the Code of Virginia states that the State Board may make lists of registered voters available to nonprofit organizations that promote voter participation and Section G of the regulations notes that applications for voter photo identification cards “shall be considered ‘registration records.’” Therefore, it is consistent with the intention of the Code of Virginia and the policy set forth in Section G to disclose these records consistent with the circumstances under which it releases voter registration records. A lack of transparency regarding these records would mean less accountability and prevent the public from determining how many voters have applied for ID, who they were, whether an application was rejected, or if there are any other issues preventing issuance of ID cards. 

In addition to the above changes, the Lawyers’ Committee also suggests that general registrars be required to provide voters who complete the application process for a photo identification card with a receipt with a number to call if they have questions or if they don’t receive their identification within 7-10 days.

The Lawyers’ Committee appreciates the opportunity to offer these comments and looks forward to working with the Virginia State Board of Elections to ensure that the regulations are clear and maximize the opportunities for Virginia voters to obtain photo identification.  

Section 6. That elections of members to serve as representatives of the people, in assembly ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage and cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented for the public good..

The manipulation of Eligible Voting Populations by administrative gerrymandering and Mandatory
Photo ID's  when these  actions knowingly and blatantly can be proved and shown to disenfranchise citizens from their Right to Participate in the Election process is a clear Violation of the simplest but overlooked Virginia Constitutional Right.  Article 1 Section 1 clearly defines the contractual obligations of the Government and yet it is ignored and down played constantly.

 

A DECLARATION OF RIGHTS made by the representatives of the good people of Virginia, assembled in full and free convention which rights do pertain to them and their posterity, as THE BASIS AND FOUNDATION OF GOVERNMENT.

Section 1.THAT ALL MEN are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, DEPRIVE or DIVEST their posterity; namely, 

the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

Clearly any action that DIVESTS and DEPRIVES someone of their Rights must be declared unconstitional by it's very nature. The body Politic is charged with making things attainable to the very weakest and vulnerable of society. Not enrich and embolden themselves in some tribal act of conspiracy.
 

Virginia has a long History of not being able to accurately define and simplify the application and protection afforded the simple definition  "ALL MEN ARE CREATED EQUAL" creates for the Word  "MEN".   The liklihood that our Political Representatives even see the words "Pursue and Obtain" in the last part of Article 1 section 1  and would then Honor those words if aware of them is questionable,   To even allow such covert tyrany shows an ignorance that is epidemic.

Too confusing....let people vote...if they have a previous voter ID they should be able to vote..

The government should make it easier for people to vote- and not harder. Eligible voters should be able to get a photo-ID at any of the DMV/registrar's office. This photo-ID thing is a discrimination against older people, immigrants and anyone who lacks mobility. 

I am concerned by the phrase general registrars may, but are not required to, solicit appllications...outside of their..offices.  Those most likely to not have ID are those who are unable to get to those offices.  There needs to be an initial push to get the registrars out into the community and this wording does not encourage that.

I am also concerned by the limitation created by saying A photograph of the voter is taken by the general registrar or the registrar's designated staff.  This appears to exclude volunteers or other governmental employees who might provide assistance. I would prefer a wording such as registrar's designee.

I appreciated seeing that one could apply for an ID at any general registrar's office, not just the jurisdiction in which one votes. I was glad to see the felony clause removed as well.

My elderly mother's driver's license expired 18 years ago.   She has not owned a car or driven one since her license expired.  However, she has kept her expired license as her only picture ID.  And it is a government issued ID.  She uses it every time she has to go to the emergency room, the out patient hospital labs and clinics and for inpatient admissions.  She uses it at the doctor's office and as her ID when using her credit card..   She receives a monthly stipend from the Veterans Administration.  When they come for an annual audit, she has to show her driver's license to document she is who she and we say she is.  Her insurance company accepts it.  The pharmacy accepts it.  The airlines accept it.  I vacillate from anger that the Virginia state legislature thinks they are so high and mighty that they can't accept it and at the other extreme, finding it  comical and ridiculous that our legislative representatives have the audacity to think they live in a separate universe from the rest of the world.   I have been an election officer for eleven years.  In my memory,  we have had one voting incident that we thought might have been voter fraud.  In less than a few hours after  the voter cast his ballot,  we knew it was not voter fraud.  It was a mistake made by a voter registration office.  And this investigation involved other jurisdictions in two other states.  I was very impressed at how quickly our Registrar's office was able to clear up any doubt about the voter and his vote.    

Voters should be able to apply for a voter ID at any registrars office. Let's not create more barriers for voters!