SB282: Voter registration; cancellation of registrations from persons reported to be deceased.

SENATE BILL NO. 282
Offered January 11, 2012
Prefiled January 10, 2012
A BILL to amend and reenact § 24.2-427 of the Code of Virginia, relating to elections; voter registrations; cancellations of registrations.
Patron-- Smith

Referred to Committee on Privileges and Elections

Be it enacted by the General Assembly of Virginia:

1.  That § 24.2-427 of the Code of Virginia is amended and reenacted as follows:

§ 24.2-427. Cancellation of registration by voter or for persons known to be deceased or disqualified to vote.

A. Any registered voter may cancel his registration and have his name removed from the central registration records by signing an authorization for cancellation and mailing or otherwise submitting the signed authorization to the general registrar. When submitted by any means other than when notarized or in person, such cancellation must be made at least twenty-nine 22 days prior to an election in order to be valid in that election. The general registrar shall acknowledge receipt of the authorization and advise the voter in person or by first-class mail that his registration has been canceled within ten 10 days of receipt of such authorization.

B. The general registrar shall cancel the registration of (i) all persons known by him to be deceased or disqualified to vote by reason of a felony conviction or adjudication of incapacity; (ii) all persons known by him not to be United States citizens by reason of reports from the Department of Motor Vehicles pursuant to § 24.2-410.1 and in accordance with the requirements of subsection B1; (iii) all persons for whom a notice has been received, signed by the voter or from the registration official of another jurisdiction, that the voter has moved from the Commonwealth; and (iv) all persons for whom a notice has been received, signed by the voter or from the registration official of another jurisdiction, that the voter has registered to vote outside the Commonwealth, subsequent to his registration in Virginia. The notice received in clauses (iii) and (iv) shall be considered as a written request from the voter to have his registration cancelled. A voter's registration may be cancelled at any time during the year in which the general registrar discovers that the person is no longer entitled to be registered. The general registrar shall mail notice of any cancellation to the person whose registration is cancelled.

B1. The general registrar shall mail notice promptly to all persons known by him not to be United States citizens by reason of a report from the Department of Motor Vehicles pursuant to § 24.2-410.1 prior to cancelling their registrations. The notice shall inform the person of the report from the Department of Motor Vehicles and allow the person to submit his sworn statement that he is a United States citizen within 14 days of the date that the notice was mailed. The general registrar shall cancel the registrations of such persons who do not respond within 14 days to the notice that they have been reported not to be United States citizens.

C. The general registrar may cancel the registration of any person for whom a notice has been submitted to the Department of Motor Vehicles in accordance with the Driver License Compact set out in Article 18 (§ 46.2-483 et seq.) of Chapter 3 of Title 46.2 and forwarded to the general registrar, that the voter has moved from the Commonwealth; provided that the registrar shall mail notice of such cancellation to the person at both his new address, as reported to the Department of Motor Vehicles, and the address at which he had most recently been registered in Virginia. No general registrar may cancel registrations under this authority while the registration records are closed pursuant to § 24.2-416. No registrar may cancel the registration under this authority of any person entitled to register under the provisions of subsection A of § 24.2-420.1, and shall reinstate the registration of any otherwise qualified voter covered by subsection A of § 24.2-420.1 who applies to vote within four years of the date of cancellation.

D. The general registrar shall confirm to the State Board that he has cancelled the registration of each person for whom he has received notification as referenced in subsection B or B1 that the person is deceased, is disqualified to vote by reason of a felony conviction or adjudication of incapacity, is not a United States citizen, or has moved from the jurisdiction or registered in another jurisdiction. The confirmation shall be forwarded to the State Board within 10 days of receipt of such notification referenced in subsection B and within 21 days of such notification referenced in subsection B1.