                                 CODE OF VIRGINIA

DUTIES OF DEPARTMENT OF ELECTIONS (§ 24.2-404)

A. The Department of Elections shall provide for the continuing operation and
maintenance of a central recordkeeping system, the Virginia voter registration
system, for all voters registered in the Commonwealth.
			In order to operate and maintain the system, the Department shall:

   1. Maintain a complete, separate, and accurate record of all registered voters
   in the Commonwealth. Such system shall automatically register a person who has
   preregistered pursuant to &#xA7; 24.2-403.1 upon that person becoming eligible
   for registration under &#xA7; 24.2-403 or reaching 18 years of age, whichever
   comes first. Such system shall also assign a unique identifier to each voter
   registered in the system.

   2. Require the general registrars to enter the names of all registered voters
   into the system and to change or correct registration records as necessary.

   3. Provide to each general registrar voter confirmation documents for newly
   registered voters, including voters who were automatically registered pursuant
   to subdivision 1, and for notice to registered voters on the system of changes
   and corrections in their registration records and polling places.

   4. Require the general registrars to delete from the record of registered
   voters the name of any voter who (i) is deceased, (ii) is no longer qualified
   to vote in the county or city where he is registered due to removal of his
   residence, (iii) has been convicted of a felony, (iv) has been adjudicated
   incapacitated, (v) is known not to be a United States citizen by reason of
   reports from the Department of Motor Vehicles pursuant to &#xA7; 24.2-410.1 or
   from the Department of Elections based on information received from the
   Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant
   to subsection E, or (vi) is otherwise no longer qualified to vote as may be
   provided by law. Such action shall be taken no later than 30 days after
   notification from the Department. The Department shall promptly provide the
   information referred to in this subdivision, upon receiving it, to general
   registrars.

   5. Retain on the system for four years a separate record for registered voters
   whose names have been deleted, with the reason for deletion.

   6. Retain on the system permanently a separate record for information received
   regarding deaths, felony convictions, and adjudications of incapacity pursuant
   to &#xA7;&#xA7; 24.2-408 through 24.2-410.

   7. Provide to each general registrar, at least 16 days prior to a general or
   primary election and three days prior to a special election, an alphabetical
   list of all registered voters in each precinct or portion of a precinct in
   which the election is being held in the county, city, or town. These precinct
   lists shall be used as the official lists of qualified voters and shall
   constitute the pollbooks. The Department shall provide instructions for the
   division of the pollbooks and precinct lists into sections to accommodate the
   efficient processing of voter lines at the polls. Prior to any general,
   primary, or special election, the Department shall provide any general
   registrar, upon his request, with a separate electronic list of all registered
   voters in the registrar&#8217;s county or city. If electronic pollbooks are
   used in the locality or electronic voter registration inquiry devices are used
   in precincts in the locality, the Department shall provide a regional or
   statewide list of registered voters to the general registrar of the locality.
   The Department shall determine whether regional or statewide data is provided.
   Neither the pollbook nor the regional or statewide list of registered voters
   shall include the day and month of birth of the voter, but shall include the
   voter&#8217;s year of birth.

   8. Acquire by purchase, lease, or contract equipment necessary to execute the
   duties of the Department.

   9. Use any source of information that may assist in carrying out the purposes
   of this section. 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. The Department may share
   any information that it receives from another agency of the Commonwealth with
   any Chief Election Officer of another state for the maintenance of the voter
   registration system.

   10. Cooperate with other states and jurisdictions to develop systems to
   compare voters, voter history, and voter registration lists to ensure the
   accuracy of the voter registration rolls, to identify voters whose addresses
   have changed, to prevent duplication of registration in more than one state or
   jurisdiction, and to determine eligibility of individuals to vote in Virginia.

   11. Reprint and impose a reasonable charge for the sale of any part of Title
   24.2, lists of precincts and polling places, statements of election results by
   precinct, and any other items required of the Department by law. Receipts from
   such sales shall be credited to the Board for reimbursement of printing
   expenses.

B. The Department shall be authorized to provide for the production,
distribution, and receipt of information and lists through the Virginia voter
registration system by any appropriate means including, but not limited to,
paper and electronic means. The Virginia Freedom of Information Act (&#xA7;
2.2-3700 et seq.) shall not apply to records about individuals maintained in
this system.

C. The State Board shall institute procedures to ensure that each requirement of
this section is fulfilled. As part of its procedures, the State Board shall
provide that the general registrar shall mail notice of any cancellation
pursuant to clause (v) of subdivision A 4 to the person whose registration is
cancelled.

D. The State Board shall promulgate rules and regulations to ensure the uniform
application of the law for determining a person&#8217;s residence.

E. The Department shall apply to participate in the Systematic Alien
Verification for Entitlements Program (SAVE Program) operated by U.S.
Citizenship and Immigration Services of the U.S. Department of Homeland Security
for the purposes of verifying that voters listed in the Virginia voter
registration system are United States citizens. Upon approval of the
application, the Department shall enter into any required memorandum of
agreement with U.S. Citizenship and Immigration Services. The State Board shall
promulgate rules and regulations governing the use of the immigration status and
citizenship status information received from the SAVE Program.

F. The Department shall report annually by October 1 for the preceding 12 months
ending August 31 to the Committees on Privileges and Elections on each of its
activities undertaken to maintain the Virginia voter registration system and the
results of those activities. The Department&#8217;s report shall be governed by
the provisions of &#xA7; 2.2-608 and shall encompass activities undertaken
pursuant to subdivisions A 9 and 10 and subsection E and pursuant to
&#xA7;&#xA7; 24.2-404.3, 24.2-404.4, 24.2-408, 24.2-409, 24.2-409.1, 24.2-410,
24.2-410.1, 24.2-427, and 24.2-428. This report shall contain the methodology
used in gathering and analyzing the data. The Commissioner of Elections shall
certify that the data included in the report is accurate and reliable.

HISTORY: 1970, c. 462, § 24.1-23; 1971, Ex. Sess., c. 119; 1972, c. 620; 1973,
c. 30; 1974, cc. 369, 428; 1975, c. 515; 1976, c. 616; 1978, c. 778; 1983, c.
348; 1993, c. 641; 1997, c. 801; 2000, cc. 510, 554; 2003, c. 1015; 2004, c.
428; 2005, c. 378; 2006, cc. 243, 926, 940; 2008, c. 379; 2009, cc. 865, 870,
874; 2011, c. 528; 2012, c. 686; 2013, cc. 425, 686, 725; 2014, c. 452; 2015, c.
740; 2018, c. 460; 2020, cc. 1064, 1065; 2021, Sp. Sess. I, c. 217; 2023, c.
785.