A. Each person coming into an office of the Department of Motor Vehicles or accessing its website in order to (i) apply for, replace, or renew a driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 except driver privilege cards or permits issued pursuant to § 46.2-328.3 or identification privilege cards issued pursuant to § 46.2-345.3; or (ii) change an address on an existing driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 except driver privilege cards or permits issued pursuant to § 46.2-328.3 or identification privilege cards issued pursuant to § 46.2-345.3 shall be presented with (a) a question asking whether or not the person is a United States citizen and (b) the option to decline to have his information transmitted to the Department of Elections for voter registration purposes. The citizenship question and option to decline shall be accompanied by a statement that intentionally making a materially false statement during the transaction constitutes election fraud and is punishable under Virginia law as a felony.
The Department of Motor Vehicles may not transmit the information of any person who so declines. The Department of Motor Vehicles may not transmit the information of any person who indicates that he is not a United States citizen, nor may such person be asked any additional questions relevant to voter registration but not relevant to the purpose for which the person came to an office of the Department of Motor Vehicles or accessed its website.
B. For each person who does not select the option to decline to have his information transmitted to the Department of Elections for voter registration purposes and who has identified himself as a United States citizen, the Department of Motor Vehicles shall request any information as may be required by the State Board to ensure that the person meets all voter registration eligibility requirements.
C. The Department of Motor Vehicles shall electronically transmit to the Department of Elections, in accordance with the standards set by the State Board, the information collected pursuant to subsection B for any person who (i) has indicated that he is a United States citizen, (ii) has indicated that he is 17 years of age or older, and (iii) at the time of such transaction did not decline to have his information transmitted to the Department of Elections for voter registration purposes.
D. The Department of Elections shall use the information transmitted to determine whether a person already has a registration record in the voter registration system.
1. For any person who does not yet have a registration record in the voter registration system, the Department of Elections shall transmit the information to the appropriate general registrar. The general registrar shall accept or reject the registration of such person in accordance with the provisions of this chapter.
2. For any person who already has a registration record in the voter registration system, if the information indicates that the voter has moved within the Commonwealth, the Department of Elections shall transmit the information and the registration record to the appropriate general registrar, who shall treat such transmittal as a request for transfer and process it in accordance with the provisions of this chapter.
3. General registrars shall not register any person who does not satisfy all voter eligibility requirements.
2020, cc. 908, 909, 1227, 1246; 2021, Sp. Sess. I, c. 544.
Structure Code of Virginia
Chapter 4 - Voter Registration
§ 24.2-400. Persons entitled to register and vote
§ 24.2-401. Persons moving from precinct
§ 24.2-402. Persons moving from Commonwealth fewer than thirty days before presidential election
§ 24.2-403. Persons under 18 years of age
§ 24.2-403.1. (Effective October 1, 2022) Preregistration of persons 16 years of age or older
§ 24.2-404. (Effective until October 1, 2022) Duties of Department of Elections
§ 24.2-404. (Effective October 1, 2022) Duties of Department of Elections
§ 24.2-404.3. Duty of Department of Elections; verification of registered voter lists
§ 24.2-404.4. Exchange of registered voter lists with other states
§ 24.2-405. Lists of registered voters
§ 24.2-406. Lists of persons voting at elections
§ 24.2-407. Statement for persons receiving lists of persons registered or voting; penalties
§ 24.2-407.1. Prohibition on disclosure of social security numbers or parts thereof
§ 24.2-410. Clerks of circuit courts to furnish lists of certain adjudications
§ 24.2-410.1. Citizenship status; Department of Motor Vehicles to furnish lists of noncitizens
§ 24.2-410.2. Security of the Virginia voter registration system
§ 24.2-411. Office of the general registrar
§ 24.2-411.2. State-designated voter registration agencies
§ 24.2-411.3. Registration of Department of Motor Vehicles customers
§ 24.2-412. Other locations and times for voter registration
§ 24.2-413. Accessible registration locations
§ 24.2-414. Final registration day
§ 24.2-414.1. Closing time of registration sites on final day
§ 24.2-415. Notice of times and locations for registration
§ 24.2-415.1. Persons authorized to receive voter registration applications
§ 24.2-416. Closing registration records before elections
§ 24.2-416.1. Voter registration by mail
§ 24.2-416.2. Mail voter registration application forms
§ 24.2-416.3. Distribution of mail voter registration application forms
§ 24.2-416.4. Return of mail voter registration applications
§ 24.2-416.5. Social security number or parts thereof not to be disclosed
§ 24.2-416.7. Application for voter registration by electronic means
§ 24.2-417. Persons to be registered
§ 24.2-417.1. Registration residence requirements; presumptions in certain cases
§ 24.2-418. Application for registration
§ 24.2-418.1. Receipt for voter registration applicants
§ 24.2-419. Extended time for certain persons to register by mail
§ 24.2-420.1. (Effective October 1, 2022) Extended time for persons to register in person
§ 24.2-422. Appeal of person denied registration
§ 24.2-423. Notice of change of name of registered voter
§ 24.2-424. Change of registered voter's address within the Commonwealth; pilot project
§ 24.2-428.1. Other procedures for assigning registered voters to inactive status
§ 24.2-428.2. Return of registered voter to active status
§ 24.2-430. Appeal from decision of registrar
§ 24.2-431. Petition to court objecting to registration
§ 24.2-432. Notice to person objected to and decision of court
§ 24.2-433. Appeal from decision of court
§ 24.2-434. Presumption if petition not brought within six months of registration
§ 24.2-435. Cancellation records to be retained for specified periods
§ 24.2-445. Registration records controlling in event of conflict
§ 24.2-446. Reconstruction of destroyed registration records