Amendment 25 (1994)

Voter Registration and Absentee Ballots

Amends

Article II. Franchise and Officers

Section 2. Registration of voters

Section 3. Method of voting

Section 4. Powers and duties of General Assembly

Summary

This measure loosens voter registration requirements by no longer requiring in-person registration, and allowing voters to stay registered even if they have not voted in four years. The measure also expands the use of absentee ballots.

Ballot Question

Shall the Constitution of Virginia be amended to revise voter registration provisions, including two changes that will (1) delete the requirement that you must apply in person to register and allow registration by mall and (2) eliminate the requirement for cancelling your registration if you have not voted in four years?

Article II. Franchise and Officers

Section 2. Registration of voters

The General Assembly shall provide by law for the registration of all persons otherwise qualified to vote who have met the residence requirements contained in this article, and shall ensure that the opportunity to register is made available. Registrations accomplished prior to the effective date of this section shall be effective hereunder. The registration records shall not be closed to new or transferred registrations more than thirty days before the election in which they are to be used.

Applications to register shall require the applicant to provide under oath the following information on a standard form: full name, including the maiden and any other prior legal name; age; date and place of birth; social security number, if any; whether the applicant is presently a United States citizen; address and place of abode and date of residence in the precinct; place of any previous registrations to vote; whether the applicant has ever been adjudicated to be mentally incompetent or convicted of a felony, and if so, under what circumstances the applicant’s right to vote has been restored. Except as otherwise provided in this Constitution, All applications to register shall be completed in person before the registrar and by or at the direction of the applicant and signed by the applicant, unless physically disabled. No fee shall be charged to the applicant incident to an application to register.

Nothing in this article shall preclude the General Assembly from requiring as a prerequisite to registration to vote the ability of the applicant to read and complete in his own handwriting the application to register.

Section 3. Method of voting

In elections by the people, the following safeguards shall be maintained: Voting shall be by ballot or by machines for receiving, recording, and counting votes cast. No ballot or list of candidates upon any voting machine shall bear any distinguishing mark or symbol, other than words identifying political party affiliation; and their form, including the offices to be filled and the listing of candidates or nominees, shall be as uniform as is practicable throughout the Commonwealth or smaller governmental unit in which the election is held.

In elections other than primary elections, provision shall be made whereby votes may be cast for persons other than the listed candidates or nominees. Secrecy in casting votes shall be maintained, except as provision may be made for assistance to handicapped voters, but the ballot box or voting machine shall be kept in public view and shall not be opened, nor the ballots canvassed nor the votes counted, in secret. Votes may be cast only in person except as otherwise provided in this article or by absentee ballot as provided by law.

Section 4. Powers and duties of General Assembly

The General Assembly shall establish a uniform system for permanent registration of voters pursuant to this Constitution, including provisions for appeal by any person denied registration, correction of illegal or fraudulent registrations, penalties for illegal, fraudulent, or false registrations, proper transfer of all registered voters, and cancellation of registrations in other jurisdictions of persons who apply to register to vote in the Commonwealth. The General Assembly shall provide for maintenance of accurate and current registration records and shall may provide for the cancellation of the registrations registrations for such purpose of any voter who has not voted at least once during four consecutive calendar years and who fails to return a written response indicating a desire to remain registered at the residence address currently on record in response to a notice of pending cancellation.

The General Assembly may provide for registration and voting by absentee application and ballot for members of the armed forces of the United States in active service, persons residing temporarily outside of the United States by virtue of their employment, and their spouses and dependents residing with such persons, who are otherwise qualified to vote, and may provide for voting by absentee ballot for other qualified voters.

The General Assembly shall provide for the nomination of candidates, shall regulate the time, place, manner, conduct, and administration of primary, general, and special elections, and shall have power to make any other law regulating elections not inconsistent with this Constitution.

https://law.lis.virginia.gov/constitution/article2/section2/

https://law.lis.virginia.gov/constitution/article2/section3/

https://law.lis.virginia.gov/constitution/article2/section4/