CALAMITY JANE KIRK SHOWALTER, REGISTRAR FOR THE CITY OF RICHMOND, VA
The Richmond, Registrar, Jane Kirk Showalter, has not followed the law in qualifying candidates for the local election for November 6, 2012. She has used different rules for different persons and has not provided information or documentation to the proper offices and candidates as she is required. Notification has been her worst habit. She failed to get information to candidates in a timely fashion and she has not made them aware of the laws that would have been instrumental in helping them qualify for elective office. We believe that she has an air of superiority and no one can tell her what to do including her superiors, the Richmond Electoral Board nor the State Board of Elections. She's a nasty chick.
The whole process to qualify candidates is a comedy of errors. It seems that no one who will answer any questions, have the same answer at any given time. Candidates have no idea what the Richmond Board of Electors do. Why are they necessary? Are they paid? They do not answer any questions, nor does the State Board of Elections nor the attorney general.
It is amazing how these people protect each other when our tax dollars are used to keep us from knowing and understanding what they do, if anything. As the citizens of Virginia, we are paying the attorney general to protect us, but the law requires that he goes to bat for the registrar, the electoral board and the state board of elections. What are we--chopped liver. From our experience what you get for the ballot are people you may not want and those that you want may not be qualified--at least according to the registrar. Here in Richmond there are court cases against the decisions of the registrar and more to come because of the slanted way she deals with each candidate. It is very possible that she is being paid by a candidate to assure that he has no opponents on the ballot. No one in authority concerning public safety is investigating this matter.
The GREBook is provided as the documentation required that she follow as well as 24.2 of the Code of Virginia. Please note that this rendering denotes that the GREBook is included in another document. We are not sure at this time what the other document is.
The GREBook for Processing Candidates
10 Candidate and Referenda
Processing
Individuals seeking candidate information and forms must be referred to the SBE’s web
site:
http://www.sbe.virginia.gov. Information for candidates (or potential candidates) isunder "Candidate Information." SBE posts updated bulletins and forms to that site as
soon as they become available. Candidate packets may be purchased from SBE for a
$10.00 prepaid fee (to cover SBE's costs), and include the bulletin and required forms for
the office (all of which can also be printed by the candidate from the website for free).
Checks made payable to the SBE should be sent to SBE, along with the purchaser’s
name, address, office sought and, if applicable, district. Packets are processed upon
receipt of the payment.
If the individual has questions that you cannot address and is outside the Richmond
calling area, please provide SBE’s general public toll-free number: (800) 552-9745.
10.1 Forms to be Filed by Type of Candidate
Where forms are filed, filing deadlines and petition requirements vary from office to
office. Refer to the appropriate Candidate Bulletin for details or Chapter 5 of Title 24.2.
Candidates for local office file documents relating to their candidacy with the general
registrar.
Special elections are governed by the laws in effect at the time the writ is issued. (
§24.2-101.1
)1The provisions of the city or town charter (or county charter in Chesterfield, James City,
and Roanoke counties only -- no other counties have charters) may address candidate
qualifications and filing for local offices other than constitutional offices (for example,
for city or town council, city or town mayor, board of supervisors or school board), as
well as terms of office, election dates, and filling of vacancies. If the charter provisions
are in conflict with general law (i.e. the Code of Virginia), the charter provisions control.
(Exception: a general law that includes a phrase such as "notwithstanding any general or
special law to the contrary" overrides any conflict in the charter, which is a "special
law").
Current charters are available in the Legislative Reference Section of the Divisionof Legislative Services website.
21
Effective July 1, 20082
Added July 20091 of 19 Rev 7.2010
Page 122 of 426 As of March 18, 2011
Listed below, by election type, are the qualifying forms and the officer with whom each
form is filed:
10.1.1 Party Candidates Nominated for Local Offices by Primary
These candidates must file the following documents with the appropriate political party
chair and general registrar no later than the filing deadline set for the primary:
10.1.1.1 With the Political Party Chair:
•
Declaration of Candidacy;•
Petition of Qualified Voters; and•
Receipt indicating payment of filing fee.10.1.1.2 With the General Registrar:
•
Certificate of Candidate Qualification for the office sought; and•
Statement of Economic Interests, if required for the office sought. Neither anincumbent nor an interim appointee, who filed this document in the election year
and is seeking election or reelection to the same office, is required to file it again.
10.1.2 Party Candidates Nominated for Local Offices by Other Methods
The Party's nominee for each local office must file the following documents with the
general registrar no later than the filing deadline for the general or special election:
•
Certificate of Candidate Qualification for the office sought; and•
Statement of Economic Interests, if required for the office sought. Neither anincumbent nor an interim appointee, who filed this document in the election year
and is seeking election or reelection to the same office, is required to file it again.
10.1.3 Independent (Non-Party) Candidates for Shared Constitutional
Offices
These candidates must file the following documents with the general registrar of their
county or city of residence no later than the filing deadline for the general or special
election:
•
Declaration of Candidacy;•
Petition of Qualified Voters;•
Certificate of Candidate Qualification for the office sought; and•
Statement of Economic Interests, if required for office sought. Neither anincumbent nor an interim appointee, who filed this document in the election year
and is seeking election or reelection to the same office, is required to file it again.
10.1.4 Independent (Non-party) Candidates for Local Offices
These candidates must file the following documents with the general registrar no later
than the filing deadline for the general or special election:
2 of 19 Rev 7.2010
Page 123 of 426 As of March 18, 2011
•
Declaration of Candidacy;•
Petition of Qualified Voters;•
Certificate of Candidate Qualification for the office sought; and•
Statement of Economic Interests, if required for office sought. Neither anincumbent nor an interim appointee, who filed this document in the election year
and is seeking election or reelection to the same office, is required to file it again.
SBE prepares all qualifying forms except the Statement of Economic Interests. The
Secretary of the Commonwealth prepares the Statement of Economic Interests for local
offices. The most current version of the Statement is available either on the Secretary of
Commonwealth’s website (
http://www.commonwealth.virginia.gov/Forms/index.cfm) orthrough the link the State Board of Elections’ website (under Candidate
Information/Candidate Forms). However, questions related to the proper completion of
the Statement must be directed to the Secretary of the Commonwealth’s office. Matt
Gross is currently tasked with answering those questions. He may be reached at 804-
225-2849. The main number for the Secretary of the Commonwealth's office is 804-786-
2441, and the main website is
http://www.commonwealth.virginia.gov/.10.1.5 Independent (Non-party) Candidates for General Assembly
These candidates must file the following documents with the general registrar of their
county or city of residence, the Clerk of the appropriate House and SBE no later than the
filing deadline for the general or special election:
10.1.5.1 With the General Registrar:
•
Declaration of Candidacy; and•
Petition of Qualified Voters.10.1.5.2 With the Clerk of the Senate or House (as appropriate for the office
sought):
Statement of Economic Interests- Neither an incumbent nor an interim appointee, who
filed this document in the election year and is seeking election or reelection to the same
office, is required to file it again. Questions about the proper completion of the General
Assembly Statement must be directed to the appropriate Clerk’s Office (Senate Clerk’s
Office (804) 698-7400 or House Clerk’s Office (804) 698-1619). The main number for
the Secretary of the Commonwealth's office is 804-786-2441, and the main website is
http://www.commonwealth.virginia.gov/
.10.1.5.3 With the State Board of Elections:
•
Certificate of Candidate Qualification.3 of 19 Rev 7.2010
Page 124 of 426 As of March 18, 2011
10.1.6 Independent (Non-party) Candidates for U. S. Senate, U. S.
House of Representatives and Governor, Lieutenant Governor
and Attorney General
These candidates must file the following documents with SBE and, for Governor,
Lieutenant Governor and Attorney General, one document with the Secretary of the
Commonwealth no later than the filing deadline for the general or special election:
10.1.6.1 With the State Board of Elections:
•
Declaration of Candidacy;•
Petition of Qualified Voters; and•
Certificate of Candidate Qualification.SBE will set up the Master Petition in VERIS and then forward the petition pages to the
appropriate general registrar for verification. The general registrar will add their
jurisdiction to the Master Petition in VERIS for each candidate. A locality
MUSTONLY
verify petition signatures of their residents. When verification is complete, thegeneral registrar returns the petitions to the SBE.
10.1.6.2 With the Secretary of the Commonwealth:
Statement of Economic Interests. Neither an incumbent nor an interim appointee, who
filed this document in the election year and is seeking election or reelection to the same
office, is required to file it again. Questions related to the proper completion of the
Statement must be directed to the Secretary of the Commonwealth’s office. Matt Gross
is currently tasked with answering those questions. He may be reached at 804-225-2849.
The main number for the Secretary of the Commonwealth's office is 804-786-2441, and
the main website is
http://www.commonwealth.virginia.gov/.10.2 How to Process the Forms
10.2.1 Document Review - Local Offices
When the candidate files documents in person, the general registrar shall review all
documents to ascertain that all required forms are included and that each is properly
notarized and signed. If there are any deficiencies, the general registrar must
immediately inform the filer so that the individual may complete them properly.
The general registrar also must review mailed documents for completeness and accuracy
and advise the candidate immediately of any deficiencies.
The candidate must file the Declaration of Candidacy and petitions together. At the time
the candidate files, the accompanying petitions must contain at least as many unverified
signatures as are required to qualify for the office. The candidate may submit additional
petition pages up to, but not beyond, the deadline for filing.
4 of 19 Rev 7.2010
Page 125 of 426 As of March 18, 2011
If a candidate fails to correct any deficiencies prior to the deadline to file forelection, the candidate must be disqualified.
SBE recommends providing the filer with a receipt indicating the filing of, or the failure
to file, any required document. (See optional general or special and primary receipts).
SBE recommends adding the Candidate in VERIS as soon as the registrar's office
receives the first piece of information on a candidate. This will allow tracking of the
filing of the required documents.
10.2.2 Turnaround Time
Declarations and petitions filed with the registrar's office by independent (non-party)
candidates for local offices to be certified by the electoral board must be transmitted to
that board within three days of receipt. Therefore, it is imperative that the general
registrar process any filings immediately.
Timely processing will provide the local electoral board ample time within which:
•
to notify any candidate who requested in writing to be notified of deficiencies inhis/her filings; and
•
to certify qualified candidates to SBE by the required deadline.Further, it will ensure that SBE receives the candidate information necessary:
•
to verify accuracy of electoral boards' candidate certifications;•
to assemble data needed for candidate processing and ballot designs;•
to provide materials needed by electoral boards for ballot preparation;•
to communicate as needed with potential candidates; and•
to post lists to the SBE website for access by interested persons.10.2.3 Processing the Certificate of Candidate Qualification
The Certificate of Candidate Qualification may be filed no earlier than January 2 of the
election year and no later than the filing deadline for the election.
Exception: City Council candidates for a primary election held in March (February, in
presidential election years) may file it in the December preceding the election year.
Each candidate for local office must file a Certificate. There are two forms for local
offices:
•
Local Offices – clerk of court, commonwealth’s attorney, sheriff, commissionerof revenue, treasurer, soil and water conservation director; chairman or member
of the board of supervisors, county board or school board.
•
City or Town Officer – city mayor, city council, city school board, town mayor,town council, town school board, town recorder and town treasurer.
5 of 19 Rev 7.2010
Page 126 of 426 As of March 18, 2011
10.2.3.1 Verification of Certificate of Candidate Qualification
Immediately upon receipt of a Certificate of Candidate Qualification, the general registrar
must verify that:
•
the form is complete, signed and notarized;•
the candidate is registered at the address listed on the form;•
the address is in the district in which the candidate seeks election; and•
the manner in which the candidate has requested the name to be listed on theballot meets the requirements detailed below.
•
If the name the candidate wants on the ballot complies with the requirements,enter the information into VERIS under “Candidate Maintain.” If the candidate
entry does not already exist in VERIS, add the candidate and choose the office the
candidate is seeking (which must already exist in VERIS). Enter the receipt and
verification of all forms for the candidate in VERIS in order to qualify the
candidate for the ballot.
How Name May Appear on the Ballot
Length:
The entire name to appear on the ballot must not exceed 25 spaces,including any punctuation and spaces between names.
Titles
:o
No titles [Rev., Dr., Mr., Mrs., etc.] are to be used, either before orfollowing the candidate's name.
o
A woman must use her given name, not her husband's, and without a"Mrs." in front of a name.
Mary L. Jones not Mrs. John W. Jones.Criteria
:o
First name or initial or familiar form of first name (see example below)o
Middle name or initial or familiar form of middle nameo
Nickname should be other than form of first or middle name and mustappear within quotation marks
o
Last nameo
Suffix, if one: Sr. is optional. All other suffixes must be used since theyappear on a person’s birth certificate and are part of the person’s legal
name.
If the name the candidate wants on the ballot includes either a first or middle name or
suffix that is not shown on his/her registration record in VERIS, the general registrar
must:
•
contact the candidate by telephone;•
verify that the first or middle name or suffix missing from the VERIS record is, infact, part of the candidate’s legal name;
6 of 19 Rev 7.2010
Page 127 of 426 As of March 18, 2011
A nickname can never replace the full name shown on the voter’s VERISrecord unless the name was changed by order of a Court
•
add the missing information to the registrant’s record in VERIS; and•
enter the information into VERIS under “Candidate Maintain.” If the candidateentry does not already exist in VERIS, add the candidate and choose the office the
candidate is seeking (which must already exist in VERIS). Enter the receipt and
verification of all forms for the candidate in VERIS in order to qualify the
candidate for the ballot.
If the name does not comply, the general registrar must:
•
contact the candidate by telephone;•
explain the deficiency; and•
print the name decided upon above the name entered on form by candidate (it isrecommended that the general registrar also initial and date the change).
Examples of deficiencies:•
Robert L. Jones registered as Robert Leroy Jones, Jr.o
Only the name suffix “Sr.” may appear at the candidate’s option. Allother name suffixes must appear on the ballot.
•
Spanky Smyth registered as Thomas Wendell Smyth III.o
Spanky is a nickname that is not a form of his given name. Candidatemust appear on ballot either as:
Thomas Wendell Smyth III;
Thomas W. Smyth III;
T. Wendell Smyth III;
T. W. “Tom” Smyth III;
Thomas W. “Tom” Smyth III;
Tom W. Smyth III (Tom is a familiar, commonly used, form ofThomas. He can appear on the ballot in this manner without
quotation marks);
T. W. “Spanky” Smyth III; or
T. W. Smyth III (initials for BOTH the first and middle names maybe used ONLY when the initials ARE ALSO the nickname).
The following meets the requirement for how a name may appear on the ballot but the
name requested is not valid for this person.
•
Mary Ann Westmoreland - registered as Mary Mitchell Westmoreland. 1o
When called by the registrar, the candidate states that Ann is her middlename even though her voter registration reads, “Mary Mitchell.” The
candidate name must match the name on their voter registration.
Therefore, this candidate may only appear on the ballot as Mary Mitchell
1
Updated 07/077 of 19 Rev 7.2010
Page 128 of 426 As of March 18, 2011
Westmoreland. Alternatively, the candidate may submit an updated voter
registration application to change her name to Mary Ann Mitchell
Westmoreland.
10.2.3.2 Retention of Forms
Keep the forms in alphabetical order by office and year in appropriately labeled file
folders. These documents must be retained for the period prescribed in the LVA
Retention Schedule and destroyed following the instructions therein.
10.2.4 Processing the Statement of Economic Interests
The Statement of Economic Interests must be filed by:
•
all candidates for constitutional offices;•
candidates for school board and local governing body in any city and in anycounty other than Highland; and
•
candidates for other city offices and for town offices in the following towns:o
Abingdon, Ashland, Big Stone Gap, Blacksburg, Blackstone, Bluefield,Bridgewater, Chincoteague, Christiansburg, Culpeper, Dumfries,
Farmville, Front Royal, Herndon, Leesburg, Luray, Marion, Orange,
Pulaski, Purcellville, Richlands, Rocky Mount, Smithfield, South Boston,
South Hill, Strasburg, Tazewell, Vienna, Vinton, Warrenton, Woodstock,
and Wytheville.
•
Candidates for Soil and Water Conservation Director are not required to file thisStatement.
It may be filed no earlier than January 2 of the election year and no later than the filing
deadline for the election. However, candidates for party nomination for city offices in a
primary election held in March (February in presidential election years) may file it in the
December preceding the election year.
Candidates for re-election to the same office need not re-file this form if they met the
requirement for filing as elected officeholders in January of the election year. A person
who is appointed to fill a vacancy is required to file the Statement as a condition to
assuming office. The appointee is not required to file another Statement of Economic
Interests if he/she becomes a candidate in the Special Election to fill the vacancy.
These documents must be retained for the period prescribed in the LVA Retention
Schedule and destroyed following the instructions therein.
10.2.4.1 Public Inspection
All candidate filings, including petitions and copies of Statement of Economic Interests
forms, without the social security number (or any parts) displayed are open to public
inspection and copying for reasonable costs. (See Chapter 26, Virginia Freedom of
Information Act).
8 of 19 Rev 7.2010
Page 129 of 426 As of March 18, 2011
10.2.5 Verification of Petitions
A general registrar must check petitions filed by (i) groups seeking to get a referendum
authorized by law on the ballot, (ii) independent (non-party) candidates for all offices in
general or special elections, and (iii) if so requested by the party chair or the candidate,
by candidates for nomination for all offices by political party primary or other
nominating method approved by the political party.
The procedures set forth below apply to all candidate petitions:
•
Affidavit;•
Circulator;•
Number of Signatures; and•
Certification.For referendum petitions, follow the procedures in Items 10.2.5.1; 10.2.5.3, 10.2.5.4,
10.2.5.5 and 10.2.5.6 only
10.2.5.1 How to Number the Pages
In order to expedite verification of petitions, implement the following procedure:
•
When any candidate files a declaration of candidacy and petitions, the receivingregistration office must:
•
o
number the front of first page 1-A1-A
Jonathan Q. Independent_________________________________
NAME OF CANDIDATE
[SHOULD BE AS IT IS TO APPEAR ON BALLOT]2211 Quiet Place_______________________________________
RESIDENT ADDRESS OF CANDIDATE
Somewhere VA___________________________22193________
CITY
/TOWN ZIPMember, House of Delegates 86
th DistrictOFFICE SOUGHT DISTRICT
, IF APPLICABLECOMMONWEALTH OF VIRGINIA
PETITION OF QUALIFIED
VOTERS
[Must be filed with Declaration of Candidacy]
When an election district includes more than one
county or city, it is suggested that you use a separate
petition form for qualified voters in each county or
city to facilitate the processing of the filing.
For a statewide office
It is suggested that you file petitions in county/city
order to facilitate the processing of the filing. If you
track the number of signatures by congressional
district enter district no.: [optional].
9 of 19 Rev 7.2010
Page 130 of 426 As of March 18, 2011
o
number the back of first page 1-B followed by the candidate’s nameCONTINUED FROM REVERSE SIDE
1-B Jonathan Q. IndependentCIRCULATOR
: MUST SWEAR OR AFFIRM IN THE AFFIDAVIT BELOW THAT S/HE RESIDES IN AND EITHER IS, OR IS ELIGIBLE TO BE,A REGISTERED AND QUALIFIED VOTER OF THE DISTRICT IN WHICH THE CANDIDATE SEEKS OFFICE AND THAT
S
/HE PERSONALLY WITNESSED EACH SIGNATURE.SIGNER
: YOUR SIGNATURE ON THIS PETITION MUST BE YOUR OWN AND DOES NOT SIGNIFY AN NTENT TOVOTE FOR THE CANDIDATE
. YOU MAY SIGN PETITIONS FOR MORE THAN ONE CANDIDATE.POST OFFICE BOXES ARE NOT
ACCEPTABLE
RESIDENT ADDRESS
O
FFICE House Number. and Street Name orUSE
SIGNATURE OF REGISTERED
VOTER
ONLY
[PRINT NAME IN SPACE BELOW SIGNATURE]Rural Route and Box Number and
City/Town
DATE
SIGNE
D
*
SEE NOTE BELOWSOCIAL
SECURITY
NUMBER
[
OR LAST FOURDIGITS
]•
number remaining pages sequentially in like manner;•
make copies of those documents;•
contact the Election Services Division so SBE can enter the Master Petition inVERIS; and
•
fax petition pages for other cities or counties in the district immediately to allother registration offices in the district. Include with the faxed documents the
name of the contact person for the campaign, the phone number for the contact
person and the date filed so the other jurisdictions may add themselves to the
Master Petition.
10.2.5.2 Declaration of Candidacy
Verify that the candidate is a qualified registered voter, or if the books are closed, that the
registration application or change of address/transfer application is on file with your
office for processing once the books reopen. If the Declaration of Candidacy is
witnessed rather than notarized, verify that the two witnesses are also qualified registered
voters. If not, the candidate must file a new declaration prior to the filing deadline. (See
explanation of “registered” ("R") in 10.2.5.5).
10.2.5.3 Affidavit
If the affidavit on the reverse side of the petition page is not notarized, then the signatures
on that page cannot be counted. If the affidavit is complete and notarized, continue to
follow the procedures set. If the affidavit is incomplete or not signed by the circulator
but it has been notarized, the petition page must be processed as set forth below. A
candidate cannot be penalized for a notary’s failure to ensure that the affidavit has been
completed before he notarizes the petition page. (§
55-118.5).10.2.5.4 Circulator
The person who circulated the petitions must be either a qualified voter or qualified to
register to vote for the office for which he is circulating the petitions. (§
24.2-506). If thecirculator fails to meet the requirement, all other signatures on that petition page must be
disqualified. (See explanation of “registered” ("R") in 10.2.5.5).
10 of 19 Rev 7.2010
Page 131 of 426 As of March 18, 2011
Check the registration of the circulator who signed the affidavit at the bottom of each
petition page. For a statewide or congressional office, the SBE will determine the
circulator’s eligibility before forwarding the petitions to the general registrars for
verification.
Note: Congressional candidates do not need to reside within their district(only the state) to run for office but must reside within their district to
circulate their own petitions.
See Wood v Quinn…
Note: SBE is working on guidance documents regarding the processing ofpetitions. When these guidance documents are developed, the information
will be included here along with instructions to obtain them from
SharePoint.
10.2.5.5 Verification of Signatures
Once the circulator is determined to be a person who is either a registered voter or who is
eligible to be a registered voter in the district of the office for which he is circulating the
petition, the names of all other persons on that page are then checked.
Note: SBE is working on guidance documents regarding the processing ofpetitions. When these guidance documents are developed, the information
will be included here along with instructions to obtain them from SharePoint.
As each name is checked in VERIS, indicate in the left margin beside the line number for
the signer one of the following, as appropriate:
R REGISTERED: For a person registered in your county or city and in the
election district for which the petition was circulated.
•
The person who signs a candidate’s petition must be a registered voterat the time the petition was filed by the candidate. The petition search
results grid in VERIS will return only those registered voters who
were registered on or before the date the petitions were filed.
•
A person who signs a petition for a referendum must be a registeredvoter both at the time the petition was signed (see DATE SIGNED
column on petition) and at the time is validated by the registrar.
(§
24.2-684.1(7)).•
If the address provided by the petition signer is different from theaddress on record but the general registrar has sufficient information to
determine that this signature is valid for the office for which the
petition is circulated, the registrar may count it. As confirmed with
our Assistant Attorney General, the decision is the registrar's to make.
I INACTIVE: For a person who is on inactive status because the voter
failed to respond to a confirmation notice or whose record is on pending
status.
11 of 19 Rev 7.2010
Page 132 of 426 As of March 18, 2011
, the registrar must
initiate a confirmation mailing. (§
24.2-428.1If the voter gives an address on the petition that differs from the
address where the person is registered to vote
);
NR ED For a person not registered in the candidate’s
election district;
RNQ
. (See additional requirement for
referendum petitions under R above);
DUP ted due to its appearance
on a previous page of the candidate's petition; or
CI
ter with the
same name and none are at the address shown on the petition.
e registrar must contact SBE to unlock the petition which will allow
rther processing.
egistered voters in any county, city, town, district, or ward.
§
24.2-506NOT REGISTER :
REGISTERED - NOT [A] QUALIFIED [SIGNATURE]: For a person
who is registered at the address shown on the petition but the address is in
another election district, or for a person who registered after the date on
which the candidate filed the petition
DUPLICATE: For a duplicate name already coun
CANNOT IDENTIFY: For a person who cannot be identified because the
name is not legible or there is more than one registered vo
10.2.5.6 Number of Signatures Required
When the number of names marked with "R" equals the number required, no further
names need be checked. VERIS will automatically halt further selections and will lock
the petition. If the registrar finds that he or she made an error and needs to remove one or
more signatures, th
fu
The number of registered voters as of January 1 is used for all signature requirements that
are based on the number of r
(§ and
24.2-521).General Assembly Candidates:
For Senate of Virginia: two hundred fifty (250) signatures are required.
For House of Delegates: one hundred twenty-five (125) signatures are required.
Local Office Candidates:
One u
•
ge containing 1,000 or fewer registered voters,
•
s more than 1,500 registered voters,
h ndred twenty-five (125) signatures are required. Exceptions:
for membership on a local governing body or the school board of a county or city
from an election district not at lar
fifty (50) signatures are required;
for membership on a local governing body or the school board from a ward or
other district not at large in a town which ha
twenty-five (25) signatures are required; and
12 of 19 Rev 7.2010
Page 133 of 426 As of March 18, 2011
•
for membership on a local governing body or the school board of a town that has1,500 or fewer registered voters, no petition is required.
Soil and Water Conservation District Director:
•
Twenty-five (25) signatures are required.Local Referenda:
Requirements
differ as to the number of sigauthorized by law. Call the SBE for informatio
natures needed for the various referenda
n as to the specific number required.
A political party chair may request that the general registrar verify the declaration of
etition, and
candidate,
f signatures of qualified voters for the office
ught or (ii) that the petitions did not contain a sufficient number of signatures of
The e t appear on petitions
of i e
r city;
hen not shared with another county or city;
d of Supervisors or County Board;
ard;
•
Mayor, City or Town; and10.3 Required Communications
10.3.1 General Registrar Certification to Political Party Chair
candidacy and petitions filed by a candidate for party nomination.
If so requested, the general registrar must check these forms and return them to the
political party chair as quickly as possible, certifying the registration status of the
candidate, the completeness of the declaration of candidacy and the number of signatures
of registered voters that appear on the petitions submitted. To accomplish the petition
verification for local offices in VERIS, create a candidate, create a Master P
create the Petition through which to verify signatures; for a General Assembly
contact SBE which will create the candidate record and the Master Petition.
10.3.2 General Registrar Certification to Local Electoral Board
The general registrar must check the declaration of candidacy and petitions, if required,
of all independent (non-party) candidates for offices to be certified by the local electoral
board. Within three days of receipt the general registrar must transmit these documents
to the electoral board together with the certification of the registration status of the
candidate, the completeness of the declaration of candidacy and either (i) that the
petitions contained the required number o
so
qualified voters, listing the number found.
g neral registrar certifies the signatures of registered voters tha
nd pendent (non-party) candidates for the following offices:
•
Clerk of Court, when not shared with another county o•
Commonwealth's Attorney, w•
Sheriff, when not shared with another county or city;•
Commissioner of Revenue;•
Treasurer, when not shared with another county or city;•
Soil and Water Conservation Director;•
Chairman or Member, Boar•
Chairman or Member, School Bo13 of 19 Rev 7.2010
Page 134 of 426 As of March 18, 2011
•
Member, City or Town Council.10.3.3 General Registrar to other General Registrars
Non-party candidates for General Assembly: Contact a member of the Election Services
Division to alert SBE of the filing. Request the creation of a Master Petition for the
candidate. Within three days of receipt, the general registrar must transmit copies of
these documents to the general registrar of each county and city in the Senate or House
district. For special elections for such offices called by the Governor, the President Pro
Tempore of the Senate or the Speaker of the House of Delegates, copies must be faxed
immediately after the filing deadline for the office. Include with the transmitted
information the name of the contact person for the campaign, the phone number for the
contact person and the date filed so the other jurisdictions may add themselves to the
which appear on petitions for independent
can a
eutenant Governor, and Attorney General.
tact with any candidate for
cal electoral board to communicate with the
s
Declaration of Candidacy or petitions that can be corrected prior to the filing deadline.
Master Petition.
10.3.4 General Registrar Certification to State Board of Elections
The general registrar must certify to the SBE, on the forms provided, the number of
registered voters in the county or city
did tes for these offices:
•
Senate of Virginia;•
House of Delegates; and•
Constitutional Offices shared by one or more counties and/or cities.The totals recorded by VERIS are used for the offices of United States Senate, United
States House of Representatives, Governor, Li
No separate certification is required.
If requested in writing by a candidate for the General Assembly or a shared constitutional
office, the general registrar or secretary of a local electoral board should notify the
candidate of any deficiencies in the Declaration of Candidacy that can be corrected prior
to the filing deadline. If so requested, the general registrar may advise the candidate as to
the number of valid signatures identified on petitions. Otherwise, neither the general
registrar nor the local electoral board is to initiate any con
these offices concerning the validity of their petitions.
10.3.5 Local Electoral Board Notification to Candidate of Deficiencies
For the local offices set forth in Certification to local electoral board above, there are
certain situations that may require the lo
prospective candidate as follows:
10.3.5.1 Prior to Filing Deadline
When requested by a candidate who files prior to the filing deadline, the local electoral
board must send notification of any deficiencies or discrepancies in the candidate'
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10.3.5.2 After the Filing Deadline
Whenever a candidate must be disqualified because of deficiencies in the candidate's
Declaration of Candidacy or petitions, the local electoral board must notify the candidate
of the disqualification in writing.
When the disqualification is a result of insufficient signatures on the candidate's petitions,
the electoral board must enclose copies of the petitions without social security numbers
as marked by the general registrar with the letter. No appeal of disqualification is
provided by law. Therefore, no appeal process may be provided by either the SBE or the
local electoral board.
10.3.6 Local Electoral Board Certification to State Board
Shortly before the filing deadline for any local office, the SBE will post to the secure website the combined certification form required to certify candidates for each office on the ballot for the election.
Immediately after any filing deadline, the general registrar and secretary of the electoral board must certify to the SBE, on these forms, all qualified candidates. Forms may be faxed to the Election Services Division at (804) 225-3706.
The names of any disqualified candidates with the reason for the disqualification must also be entered in the space provided on the prescribed forms. The electoral board must
not disqualify any candidate for failure to file either the Certificate of Candidate Qualification or, if required, the Statement of Economic Interests. (See below).10.3.7 State Board of Elections Verification of Candidates for Local
Offices
Upon receipt of the local electoral board's certification of qualified candidates for local offices, the SBE uses the information provided by the general registrar to determine whether such candidates have filed other required qualifying forms.
If any candidate for local office has failed to file either a Certificate of Candidate
Qualification or a required Statement of Economic Interests, the SBE must notify the candidate of this deficiency and provide ten days in which the missing form(s) may be filed. In lieu of this process, the SBE may ask that the general registrar, as the agent of the SBE, to contact the candidate and inform the candidate that he/she has failed to file either or both of these documents and must file them by the close of business on the day after the call to avoid disqualification.
10.3.8 State Board of Elections Certification to Locality
When all the required candidate forms, certifications, and generic forms of the official paper ballot (See Chapter 15) are complete, the SBE will certify to each electoral board the names of all candidates for all offices and the order in which they are to appear on the ballot.
15 of 19 Rev 7.2010
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10.4 Certification of Local Referenda
An individual or group seeking to place a referendum on the ballot may do so only by following the procedures set forth in §
24.2-684.1 and the provisions of the Code of Virginia, special law, or city, town or county charter which authorize putting the question on the ballot.First, an individual, who is a qualified voter of the county or city, representing either a group or acting alone, must file a copy of the petition form to be used that includes the question as it is to appear on the ballot with the clerk of circuit court. The individual must also file a statement that contains his/her name, address and the group he/she represents (if any). These documents cannot be filed earlier than the effective date of the law authorizing the referendum for which the petition is to be circulated. The clerk must certify to the filer, within ten days, that the petition copy and statement have been received and accepted.
The individual then circulates the petitions and files them with the clerk within nine months of the clerk’s certification. All signatures on the petitions must be dated on or after the date of the clerk’s certification.
In addition, petitioners should be aware that any court order for a referendum must be entered at least eighty-one days before the date of the election and the court must provide the general registrar sufficient time for verifying the petitions before an order can be entered.
1 [It is for this reason that the most recently enacted referendum statute -- the on which authorizes petitions to be circulated for the referendum on an elected school board -- requires that the petitions be filed with the court at least ninety days before the date of the general election at which this special election would be held.]Persons who sign any referendum petition must have been registered voters in the
jurisdiction for which the petition is circulated both at the time they signed the petition and at the time the registrar validates the signatures. The circulator of each petition page must be a person who is, or who is eligible to be, qualified to vote in the referenda
election. The circulator must witness the signature of each person who signs the page and
must sign an affidavit to that effect on each page of the petition.
The SBE provides a generic petition form but petitioners may choose to develop their
own as long as it provides all the information required by law.
The general registrar may be asked to check petitions by the clerk after they have been
filed or by the individual(s)/group circulating the petitions before filing them. In either
case, the general registrar must number the petition pages consecutively in the same
manner as candidate petitions, and place his/her initials below each page number. The
referendum must be established in VERIS before a Master Petition for the referendum
can be started.
1
Updated 7/2010 (HB 104)16 of 19 Rev 7.2010
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The general registrar must check the petitions as quickly as possible and return them to
the individual(s)/group or clerk as appropriate. Further, the general registrar must
provide a written certification of the number of signatures of registered voters that appear
on the petitions to the individual(s)/group or clerk, as appropriate.
Persons seeking any information concerning referenda to be placed on the ballot are to be
provided the toll-free number of the SBE.
10.5 Candidate Management
If local offices do not already exist in VERIS, the registrar must set up local offices for
local candidates in VERIS. Set up includes listing whether the office is a local office, the
term of the office, the district the office represents, the number of petition signatures
necessary, the next general and primary election dates, and the forms that are required to
be filed as qualifications for that office.
The registrar must also create or enter information for each local candidate that files
forms and petitions with the local registrar. This will require entering what office the
candidate is seeking and therefore, based upon the office qualifications and parameters
entered above, what forms are required to qualify as a candidate. The registrar must enter
all forms and petitions submitted by the candidate into VERIS.
If the candidate record has not already been created in VERIS, the general registrar
should do so as soon as the Certificate of Candidate Qualification has been reviewed and
approved or after resolution of any discrepancies in the manner in which the candidate’s
name is to appear on the ballot.
Enter the candidate’s name in the manner that it will appear on the ballot in the “Ballot
Name” field. The “Ballot Name” entered will appear on SBE’s Candidate Certifications
and on its Candidate Lists posted to the public website. Use mixed case (i.e., upper and
lower case, not all caps) when entering the candidate’s ballot name and include all
required punctuation, e.g., John P. “Joe” Dixon, Jr. SBE staff time wasted asking for
corrections to improperly entered Ballot Names will delay Candidate Certification
distribution. Please take care to enter the Ballot Name properly the first time.
Use the “Status” field on the “Candidate Maintain” page to indicate whether the
candidate is “In Process” (not yet qualified but in the process of trying to qualify),
“Qualified” (qualified for the ballot), “Not Qualified” (failed to qualify for the ballot),
“Unopposed” (not challenged in a Primary), “Deceased,” “Deleted,” or “Withdrawn.”
The “Unopposed” status must only be used for uncontested primary candidates. The
selection of the “Unopposed” status triggers VERIS to remove the office associated to the
candidate from all pre and post primary election functionality and from primary reports.
Once the primary certification process ends, use the Copy candidate to another election
functionality to create a November candidate record from the “Unopposed” June
candidate record. The status of the November candidate record is “Qualified.”
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Whenever a candidate’s name remains on the ballot because the candidate died or
withdrew after the ballots were printed, the Status field must continue to display
“Qualified.” This will ensure that the candidate’s name appears on the election results
screen to allow entry of the votes cast for such candidate.
Use the check boxes in the “Candidate Qualification” section of the page to indicate
when each of the required qualifications is met. Do not select “Qualified” as the
candidate’s status unless all of the available Candidate Qualification check boxes are
checked as met. It is imperative that all candidate information be entered before the
combined general registrar/electoral board candidate certification is provided to the SBE.
10.5.1 Candidate Withdrawal
Any candidate who decides that he/she no longer wants to be a candidate must withdraw
in writing (either letter or E-mail is acceptable). The withdrawal must include the
candidate's name, the candidate's signature, the office the candidate was seeking and the
election date and must specifically state that he/she is withdrawing as a candidate. It
must be addressed to the appropriate authority. Newspaper articles or press conferences
do not constitute an official notice of withdrawal.
When the candidate is a political party nominee, the letter is addressed to the appropriate
political party chair. Either the candidate or the party chair should fax a copy of the
withdrawal letter both to the SBE and to the secretary of the electoral board at the office
of the general registrar. Subsequent procedures for withdrawal of a primary candidate are
delineated in §§
24.2-536 through 24.2-538; while procedures applicable to thewithdrawal of a general or special election political party nominee are in §§
24.2-539 and24.2-540
.When the candidate filed as an Independent, the letter is addressed to the secretary of the
electoral board and given to the general registrar (except in Loudoun County where the
secretary of the electoral board serves full time).
When the general registrar receives a notice that one of the candidates certified by the
general registrar and electoral board has withdrawn, change the candidate “Status” to
“Withdrawn” on the “Candidate Maintain” page in VERIS. EXCEPTION: Whenever a
candidate’s name remains on the ballot because he withdrew after the ballots were
printed, the Status field must continue to display “Qualified.” This will ensure that the
candidate’s name appears on the election results screen to allow entry of the votes cast
for such candidate.
If the general registrar or electoral board receives a notice of withdrawal from a candidate
certified by SBE (for example, a candidate for a shared constitutional office, general
assembly, federal or statewide office), that notice should immediately be faxed to the
Election Services Division at (804) 225-3706 with a cover sheet indicating who received
it and when.
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The SBE determines, based on the time available before the election and the status of the
ballots for the election, whether or not ballots containing the name of the withdrawn
candidate must be reprinted.
If the SBE decides that the name will remain on the ballot, it will provide to the secretary
of the electoral board and the general registrar a notice explaining that the candidate’s
withdrawal occurred after the ballots were printed and, therefore, the name remains on
the ballot. This notice is provided in two sizes. One will be of a size that fits inside the
envelope transmitting ballots by mail to an absentee voter; the other is 11 x 8-1/2” and
must be posted within the confines of the voting booth to advise in-person voters of the
withdrawal.
Votes cast for the withdrawn candidate whose name remains on the ballot must becounted and, if that individual receives the most votes, must be certified by the
electoral board as the person elected to the office.
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