The State Board of Elections through the Judge Gibney and the United States District Court has made us know that they are not put in place to serve the public or preserve honesty in elections.  In 2012, we investigated through Freedom of Information Request and other methods and determined that the State Board of Elections including the Richmond Electoral Board find that they do not have to answer to any question or questioner.  Filing complaints against known violations of the law are fruitless.  Judge Gibney found that the State Board nor the Richmond Electoral Board are required to investigate these matters.  We know from the Circuit Court in 2012 that Jane Kirk Showalter cheated Ms. Pickney Eppes out of her chance to be a balloted candidate and required her name to be placed on the ballot.  Ms. Pickney Eppes was not the only candidate's name that should have been placed on the ballot.  We also found that in several other cases, there was reason to believe that Jonathan Baliles of the First District, E. Martin Jewell of the Fifth District, the other Fifth District Candidate who was counted as winning, and Third District Councilperson, Chris Hilbert had questionable confirmations as candidates.  However, after notification, the Richmond Registrar Jane Kirk Showalter, the State Board of Electgions, the Richmond Electoral Board, the Attorney General's Office, the Commonwealth Attorney, the Richmond Auditor, the City Attorney and City Council would not investigate these matters.  It is a great possibility that this City Council is without a quorum.  In addition, we found that there was no count for Precinct 910 in last year's election.    

 

 

About Us


About us

The State Board of Elections (SBE) was created in 1946 as a bipartisan agency responsible for ensuring uniformity, fairness, accuracy and purity in all elections in the Commonwealth of Virginia. The agency promotes the proper administration of election laws, campaign finance disclosure compliance,  and voter registration processes in Virginia by promulgating rules, regulations, issuing instructions, and providing information to local electoral boards and general registrars.  In addition, the agency maintains a centralized database of state-wide voter registration and election related data.

The State Board of Elections major activities include:

Voter Registration Services
Election Administration Services
Aid to Localities
Election Staff and Official Training
Administration of Campaign Finance Disclosure Laws

Voter Registration Services

The State Board of Elections establishes and implements policies and procedures used to properly register voters and maintain voter registration records. In meeting its legal responsibilities of ensuring uniformity, fairness, and legality of the registration processes, the board operates and administers a computerized central record-keeping system (the Virginia Voter Registration System) of all voters registered in the Commonwealth. The Board itself does not register voters but supervises and coordinates the work of local election officials, who carry out registration activities in their jurisdiction.

The Virginia Voter Registration System maintains a complete, separate, and accurate record of all registered voters in the Commonwealth. The system is accessible to all local registrars and their staff who are required to change or correct registration records. In addition to maintaining individual registration records, the Virginia Voter Registration System generates voter information cards. The voter information cards are used to confirm registration for new registrants and to notify current registrants of changes or corrections to their record.

Prior to each general, primary or special election, the board provides each registrar with a computer generated list of all registered voters in their jurisdiction, and an alphabetical list of all registered voters in each precinct of the county, city, or town. The precinct list is the official list of qualified voters. The law requires the State Board of Elections to compile and distribute registration reports and statistics for the entire state. These reports and statistics are provided, at a reasonable cost, to legally qualified purchasers including candidates, incumbents, political parties, courts, and non-profit organizations that promote voter registration or participation.

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Election Administration Services

This activity promotes and ensures uniformity in procedures and proceedings, and legality and purity in the election processes through supervising and coordinating the work of the county and city electoral boards and registrars. Through this activity, the board establishes regulations and issues instructions and other information to the local electoral boards and registrars to promote the proper execution of election laws.

In its efforts to foster and maintain uniformity, accuracy and legality in election related proceedings, this activity performs the following essential functions:

Instructs local electoral board members and general registrars in the proper administration of election laws; prepares and distributes administrative guidelines and procedural manuals for their use.

Produces and distributes instructions and forms to individuals who wish to qualify as candidates for any office in Virginia.
Qualifies or disqualifies candidates for nomination or election to federal, statewide, General Assembly and shared constitutional offices based on verification of petitions and other required filings; verifies completeness of filings for certified candidates for local offices; processes political party certifications of nominating methods and nominees.

Reviews all paper and machine ballot combinations in the state for legal compliance.

Conducts a precinct by precinct review and verification of the results of all elections for nomination or election to offices certified by the board and of the results of all statewide referenda; resolves precinct or locality errors in the returns; certifies results.

Conducts voting equipment reviews and tests for the purpose of certifying equipment eligible for use in the state; reviews, and approves or not, all prospective purchases of new or additional voting equipment by local jurisdictions.

Publishes and distributes the following public information: official lists of candidates and winners for every election in the state; sample ballots for statewide elections or referenda; the official election results, by precinct and locality, for the November general elections and any statewide primary elections; election schedules and calendars; legal requirements for referendum elections; brochures, posters and legal notices containing the ballot question and approved explanation for any proposed constitutional amendments and legal notices containing the ballot question and project listings for any proposed statewide bond referenda.

Monitors local compliance with federal and state polling place accessibility requirements; reports biennially to the federal government on the accessibility or inaccessibility of polling places in the state.

Provides copies of candidate forms and petitions filed with the Board for inspection or purchase by any legally qualified individual.

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Aid to Localities

This activity is primarily responsible for reimbursing local governments for the compensation paid to local registrars and the compensation and mileage paid to local electoral board members. The State Board of Elections annually calculates and sets the days of service for 134 general registrars. Compensation for the general registrars is set by the General Assembly in the Appropriations Act based on local population. Compensation for the Electoral Board members is set based on local population and the number of towns (if any) in the locality as set forth in the Appropriations Act.

In addition, assistance is provided to the localities in the form of data circuits provided by and paid for the State Board of Elections. These circuits connects the registrar's office to the centralized voter registration system.

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Election Staff & Official Training

In carrying out its responsibilities of ensuring uniformity and legality in election practices, the Board conducts annual training seminars for electoral board members and general registrars.

The seminars are instructional sessions that last approximately two days. The seminars are used as a tool to ensure that election officials fully understand the legal requirements of the election laws. It is also the platform used to train and familiarize new registrars in current election proceedings and registration practices. Anticipated changes in policies and procedures are normally introduced during these sessions.

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Administration of Campaign Finance Disclosure Laws

The State Board of Elections administers the Campaign Finance Disclosure Act. The Campaign Finance Disclosure Act requires the State Board of Elections to review campaign finance disclosure reports for completeness and compliance with filing deadlines.

This activity summarizes the provisions of the election laws relating to campaign contributions and expenditures and distributes this summary along with prescribed forms to each candidate, person, or committee on request or upon their first filing with the Board. To assist persons filing reports, these summaries include instructions, forms, filing schedules, and reporting requirements required to comply with the Act .

The Campaign Finance Disclosure reports are filed and maintained for at least one year after the final report is filed, or through the next general election. In addition, these reports are made available for inspection by any person requesting them.

The Board has the authority to assess civil penalties to any person(s) who are found to be in violation of any provisions of the Act.

Board Members:

Chairman: Charles Judd
Vice-Chair: Kimberly Bowers
Secretary: Don Palmer

                                                                                          

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) is

under "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)1

The 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 Division

of Legislative Services website. 2

1 Effective July 1, 2008

2 Added July 2009

1 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 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.

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 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.

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 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.

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 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.

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) or

through 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.

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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 MUST

ONLY verify petition signatures of their residents. When verification is complete, the

general 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 for

election, 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 in

his/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, commissioner

of 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 the

ballot 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 or

following 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 name

o Nickname should be other than form of first or middle name and must

appear within quotation marks

o Last name

o Suffix, if one: Sr. is optional. All other suffixes must be used since they

appear 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, in

fact, 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 VERIS

record 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 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.

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 is

recommended 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. All

other 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. Candidate

must 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 of

Thomas. 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 may

be 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. 1

o When called by the registrar, the candidate states that Ann is her middle

name 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 07/07

7 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 any

county 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 this

Statement.

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).

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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 receiving

registration office must:

o number the front of first page 1-A

1-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 ZIP

Member, House of Delegates 86th District

OFFICE SOUGHT DISTRICT, IF APPLICABLE

COMMONWEALTH 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 name

CONTINUED FROM REVERSE SIDE 1-B Jonathan Q. Independent

CIRCULATOR: 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 TO

VOTE FOR THE CANDIDATE. YOU MAY SIGN PETITIONS FOR MORE THAN ONE CANDIDATE.

POST OFFICE BOXES ARE NOT

ACCEPTABLE

RESIDENT ADDRESS

OFFICE House Number. and Street Name or

USE

SIGNATURE OF REGISTERED

VOTER

ONLY [PRINT NAME IN SPACE BELOW SIGNATURE]

Rural Route and Box Number and

City/Town

DATE

SIGNE

D

*SEE NOTE BELOW

SOCIAL

SECURITY

NUMBER

[OR LAST FOUR

DIGITS]

number remaining pages sequentially in like manner;

make copies of those documents;

contact the Election Services Division so SBE can enter the Master Petition in

VERIS; and

fax petition pages for other cities or counties in the district immediately to all

other 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 the

circulator 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 of

petitions. 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 of

petitions. 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 voter

at 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 registered

voter 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 the

address 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. (§24.2-428.1

If 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.

§ 24.2-506

NOT 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 has

1,500 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 sig

authorized 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; and

10.3 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 Bo

13 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'

14 of 19 Rev 7.2010

Page 135 of 426 As of March 18, 2011

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

Page 136 of 426 As of March 18, 2011

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 one

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

Page 137 of 426 As of March 18, 2011

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.”

17 of 19 Rev 7.2010

Page 138 of 426 As of March 18, 2011

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 the

withdrawal of a general or special election political party nominee are in §§ 24.2-539 and

24.2-540.

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.

18 of 19 Rev 7.2010

Page 139 of 426 As of March 18, 2011

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 be

counted and, if that individual receives the most votes, must be certified by the

electoral board as the person elected to the office.

19 of 19 Rev 7.2010

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A Note to Virginians about Voting and Modern Election Laws
Agencies of government can only do what they are empowered or directed by the laws, or courts, to do. (This differs from the criminal laws, which tell people what they cannot do, and what the penalties will be.)  The laws, and sometimes the courts, also provide some directions about how things are to be done. 

Election laws on “how” are especially complicated. But it’s alright that election laws are so complicated because there should be no wiggle room.  There should be no basis for a losing candidate to claim that the system was rigged against him or her, or that the election was not conducted and certified in a fair and non-partisan manner.  
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Virginia State Board of Elections - Contact us
Washington Building, First Floor, 1100 Bank Street, Richmond 23219.
Telephone: 804 864-8901 Toll Free: 800 552-9745 FAX: 804 371-0194