                                 CODE OF VIRGINIA

APPEAL OF PERSON DENIED REGISTRATION (§ 24.2-422)

A. Within five days after the denial of an application to register, the general
registrar shall notify the applicant of the denial. Notice shall be given in
writing and by email or telephone if such information was provided by the
applicant.
			The general registrar shall send a new application for registration to the
applicant with the form prescribed in subsection B. If the applicant provided
his email address on the application for registration, the general registrar may
send information to that email address regarding online voter registration. The
general registrar shall advise the applicant that he may complete and submit the
new application, in lieu of filing an appeal, if the reason stated for denial is
that the applicant has failed to sign the application or failed to provide a
required item of information on the application. If the general registrar is
able to reach the applicant by telephone, corrections may be made by the
applicant by telephone. Any applicant who returns a second application and whose
second application is denied shall have the right to appeal provided in
subsection B.

B. A person denied registration shall have the right to appeal, without payment
of writ tax or giving security for costs, to the circuit court of the county or
city in which he offers to register by filing with the clerk of the court,
within 10 days of being notified of the denial, a petition in writing to have
his right to register determined.
			The petitioner may file his petition by completing and filing a form which
shall be prescribed by the State Board and which shall be used by the general
registrar to notify an applicant of the denial of his application to register
and of the reasons for the denial. The form shall (i) state that an applicant
denied registration has the right to appeal to the circuit court of the county
or city in which he offers to register, (ii) give the name and address of the
clerk of the circuit court for such county or city (to be supplied by the
general registrar), (iii) state that a filing fee of $10 must be paid when
filing the petition, (iv) contain a statement by which the applicant may
indicate his desire to petition the court to have his right to register
determined, and (v) provide space for the applicant to state the facts in
support of his right to register.
			On the filing of a petition to have the right to register determined, the
clerk of the court shall immediately bring the matter to the attention of the
chief judge of the court for the scheduling of a hearing on the petition. The
matter shall be heard and determined on the face of the petition, the answer
made in writing by the general registrar, and any evidence introduced as part of
the proceedings. The proceedings shall take precedence over all other business
of the court and shall be heard as soon as possible.
			On the filing of the petition, the clerk of the court shall immediately give
notice to the attorney for the Commonwealth for his county or city, who shall
appear and defend against the petition on behalf of the Commonwealth.
			Judgment in favor of the petitioner shall entitle him to registration. From a
judgment rendered against the petitioner, an appeal shall lie to the Court of
Appeals.

C. The provisions of &#xA7; 24.2-416, pertaining to the closing of registration
records in advance of an election, shall apply to any application submitted
pursuant to subsection A or B following a denial of registration.

HISTORY: Code 1950, § 24-112; 1970, c. 462, § 24.1-67; 1974, c. 428; 1985, c.
351; 1993, c. 641; 1997, c. 114; 2001, c. 627; 2019, c. 341; 2020, c. 857; 2021,
Sp. Sess. I, c. 489.