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2022 SESSION
22103540DBe 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 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 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 or from the Department of Elections
based on information received from the Systematic Alien Verification for Entitlements
Program (SAVE Program) pursuant to subsection E of § 24.2-404 and in accordance
with the requirements of subsection B1 C; (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 provide notice of any
cancellation to the person whose registration is cancelled, by
mail to the address listed in the voter's registration record and by email to
the email address provided on the voter's registration application,
if one was provided.
B1. C. 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 or from the Department of Elections based on
information received from the Systematic Alien Verification for Entitlements
Program (SAVE Program) pursuant to subsection E of § 24.2-404 prior to
cancelling their registrations. The notice shall inform the person of the
report from the Department of Motor Vehicles or from the Department of
Elections 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.
B2. D. The general registrar shall
(i) process the Department's most recent list of persons convicted of felonies
within 21 to 14 days before any primary or general election, (ii) cancel the
registration of any registered voter shown to have been convicted of a felony
who has not provided evidence that his right to vote has been restored, and
(iii) send prompt notice to the person of the cancellation of his registration.
If it appears that any registered voter has made a false statement on his
registration application with respect to his having been convicted of a felony,
the general registrar shall report the fact to the attorney for the
Commonwealth for prosecution under § 24.2-1016 for a false statement made on
his registration application.
C. E. 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.