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2023 SESSION
23100848DBe it enacted by the General Assembly of Virginia:
1. That § 24.2-411.3 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-411.3. Registration of Department of Motor Vehicles customers.
A. Each person coming into an office of the Department of
Motor Vehicles or accessing its website in order to (i) apply for, replace, or
renew a driver's license or other document issued under Chapter 3 (§ 46.2-300
et seq.) of Title 46.2 except driver privilege cards or permits issued pursuant
to § 46.2-328.3 or identification privilege cards issued pursuant to §
46.2-345.3; or (ii) change an address on an existing driver's license or other
document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 except
driver privilege cards or permits issued pursuant to § 46.2-328.3 or
identification privilege cards issued pursuant to § 46.2-345.3 shall be
presented with (a) a question asking whether or not the person is a United
States citizen and (b) the option to decline
to have his information transmitted to the Department of Elections for voter
registration purposes. The citizenship question and
option to decline shall be accompanied
by a statement that intentionally making a materially false statement during
the transaction constitutes election fraud and is punishable under Virginia law
as a felony. The option to have his
information transmitted to the Department of Elections shall
be accompanied by a statement that, if an applicant
declines to register to vote, the fact that the
applicant has declined to register will remain confidential and will be used
only for voter registration purposes.
The Department of Motor Vehicles may shall not transmit the
information of any person who so
declines to have his information transmitted.
The Department of Motor Vehicles may not transmit the information of any person
who indicates that he is not a United States citizen, nor may such person be
asked any additional questions relevant to voter registration but not relevant
to the purpose for which the person came to an office of the Department of
Motor Vehicles or accessed its website.
B. For each person who does not select selects the option to decline to have his
information transmitted to the Department of Elections for voter registration
purposes and who has identified himself as a United States citizen, the
Department of Motor Vehicles shall request any information as may be required
by the State Board to ensure that the person meets all voter registration
eligibility requirements.
C. The Department of Motor Vehicles shall electronically
transmit to the Department of Elections, in accordance with the standards set
by the State Board, the information collected pursuant to subsection B for any
person who (i) has indicated that he is a United States citizen, (ii) has
indicated that he is 17 years of age or older, and (iii) at the time of such
transaction did not decline opted to have his information
transmitted to the Department of Elections for voter registration purposes.
D. The Department of Elections shall use the information transmitted to determine whether a person already has a registration record in the voter registration system.
1. For any person who does not yet have a registration record in the voter registration system, the Department of Elections shall transmit the information to the appropriate general registrar. The general registrar shall accept or reject the registration of such person in accordance with the provisions of this chapter.
2. For any person who already has a registration record in the voter registration system, if the information indicates that the voter has moved within the Commonwealth, the Department of Elections shall transmit the information and the registration record to the appropriate general registrar, who shall treat such transmittal as a request for transfer and process it in accordance with the provisions of this chapter.
3. General registrars shall not register any person who does not satisfy all voter eligibility requirements.