Present: All the Justices 

DANIEL H. SACHS 

v. Record No. 960214 OPINION BY JUSTICE BARBARA MILANO KEENAN 

 September 13, 1996 

MONICA HORAN, GENERAL 

REGISTRAR OF FAIRFAX COUNTY 

FROM THE CIRCUIT COURT OF FAIRFAX COUNTY 

J. Howe Brown, Jr., Judge 

 In this appeal, we consider whether the trial court erred in 

ruling that the General Registrar of Fairfax County, Monica Horan 

(the registrar), properly cancelled Daniel H. Sachs' voter 

registration. 

 Sachs registered to vote in Fairfax County in 1984. In 

1991, he purchased a house in the Springfield area of the county, 

where he lived for approximately three years. 

 In April 1994, Sachs entered into an employment contract 

with the United Mine Workers of America, which required him to 

work in Russell, Wise, and Buchanan Counties. The original term 

of the contract was for one year, after which either party could 

terminate the agreement on giving 90 days written notice. At the 

time of the proceedings in the trial court, Sachs remained 

employed under this contract. 

 Sachs rented a house in Abingdon, Washington County, in 

April 1994 and leased his house in Springfield. He currently 

pays real property taxes to Fairfax County for the Springfield 

property, which remains under lease. 

 Sachs' automobile is registered in Fairfax County and he 

pays personal property tax to Fairfax County on the vehicle. His 

motor vehicle operator's license bears the address of the 
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Springfield house. Sachs is seeking employment in the 

Washington, D.C. metropolitan area and hopes to return to live in 

his house in Springfield. 

 In November 1994 and February 1995, Sachs voted in Fairfax 

County by absentee ballot. The registrar mailed the absentee 

ballots to Sachs at his home address in Abingdon. 

 On February 13, 1995, pursuant to Code § 24.2-429,1

 the 

registrar posted a notice at the Fairfax County Courthouse, which 

stated her intent to cancel Sachs' voter registration, and 

published the notice in a newspaper of general circulation. The 

registrar also mailed a letter to Sachs at the Springfield 

address, stating the reasons for her decision to seek 

cancellation of his voter registration in Fairfax County. Sachs 

did not receive this letter or respond to either of the public 

 1Code § 24.2-429 provides, in relevant part, that 

 [w]henever a registered voter is alleged to be 

improperly registered . . . by the general registrar[,] 

. . . the registrar shall post at the courthouse or 

publish in a newspaper of general circulation in his 

county or city the name of the registered voter on a 

list of persons whose registrations are to be cancelled 

by the general registrar. . . . In addition to the 

posted or published list, the general registrar shall 

send a notice by mail to the last known address of each 

registered voter on the list, stating the reasons 

provided by law for the cancellation, the facts on 

which the cancellation is based, and when the registrar 

. . . will hear testimony produced for or against the 

right of persons named in the notice to be retained on 

the registration records. . . . If the registered voter 

so challenged fails to appear and defend his right to 

be registered, his registration shall be cancelled by 

the general registrar. 
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notices. 

 On September 23, 1995, Sachs applied for an absentee ballot 

for the general election in 1995. However, on September 27, 

1995, the registrar informed him that his voter registration had 

been cancelled. 

 Sachs appealed the cancellation of his voter registration to 

the trial court pursuant to Code § 24.2-430.2

 The trial court 

ruled that Sachs had the burden of proving that he was qualified 

to vote in Fairfax County. After considering the evidence 

presented, the trial court ruled that Sachs was not a resident of 

Fairfax County and upheld the registrar's decision cancelling his 

voter registration. 

 On appeal, Sachs first asserts that the trial court erred in 

assigning him the burden of proving that he was qualified to vote 

in Fairfax County. Sachs contends that the trial court should 

have required the registrar to prove that he no longer met the 

voter registration requirements. He also argues that the 

evidence is insufficient to support the trial court's finding 

 2Code § 24.2-430 provides, in relevant part, that "[a]ny 

person whose registration was cancelled in accordance with the 

decision of the general registrar pursuant to Code § 24.2-429, 

shall have the right of appeal . . . to the circuit court of the 

county or city in which he offers to register." 
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that he is not qualified to vote in Fairfax County.3

 In response, the registrar contends that Sachs had the 

burden of proving that he was qualified to vote in Fairfax 

County, and that he failed to meet this burden of proof. We 

agree with the registrar. 

 When a prospective voter's right to vote in a given locality 

is challenged, he has the burden of proving that he meets the 

registration requirements. Kegley v. Johnson, 207 Va. 54, 57, 

147 S.E.2d 735, 737 (1966). Thus, when a voter's registration is 

cancelled under Code § 24.2-429, and he appeals the decision to 

the circuit court under Code § 24.2-430, the voter bears the 

burden of proving that he is qualified to vote in that locality. 

See id. When requesting the court to act in his favor, the 

voter must prove the facts which establish that he is entitled to 

the relief sought. See United Dentists, Inc. v. Commonwealth, 

162 Va. 347, 355-56, 173 S.E.2d 508, 510-11 (1934); 9 John H. 

Wigmore, Evidence in Trials at Common Law, § 2485, at 283-86 

(Chadbourn rev. 1981). 

 Before an individual can qualify to vote in Virginia, he 

 

 3Sachs also asserts that the registrar failed to comply with 

the cancellation procedures set forth in Code § 24.2-429, and 

that these procedures violate his due process rights. However, 

since the record does not show that Sachs raised these issues at 

trial, we will not consider them on appeal. Rule 5:25. 
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must be a resident both of the Commonwealth and of the locality 

in which he seeks to vote. Va. Const. art. II, § 1; Code § 24.2-

417. "Residence, for all purposes of qualification to vote, 

requires both domicile and place of abode." Va. Const. art. II, 

§ 1. To establish domicile, a person must live in a particular 

locality with the intention to remain there for an unlimited 

time. State-Planters Bank & Trust Co. v. Commonwealth, 174 Va. 

289, 295, 6 S.E.2d 629, 631 (1940). A place of abode is the 

physical place where a person dwells. See Black's Law Dictionary

7 (6th ed. 1990). 

 An individual who meets the Constitutional requirements may 

register to vote in the established locality. Va. Const. art. 

II, § 2. However, to retain eligibility to vote in that 

locality, the voter must continue to dwell in the locality with 

an intention to remain there for an unlimited time. See Kegley, 

207 Va. at 57, 147 S.E.2d at 737. A registrar may cancel a 

voter's registration if that individual does not continue to meet 

these requirements. See Code § 24.2-429. 

 Here, the evidence at trial showed that Sachs is no longer 

qualified to vote in Fairfax County. Although Sachs presented 

evidence that he owns a house in Springfield, the evidence is 

unrefuted that he has leased the property to others and does not 

dwell there. The fact that Sachs lists the Springfield address 

on his motor vehicle operator's license, pays personal property 

tax on his automobile to Fairfax County, and is seeking 
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employment in the Washington, D.C. metropolitan area, does not 

alter the conclusion that he is not a domiciliary of Fairfax 

County, because he does not live in that locality with the intent 

to remain there for an unlimited time. Further, Sachs does not 

have a place of abode in Fairfax County. Thus, we conclude that 

the trial court did not err in ruling that the registrar properly 

cancelled Sachs' voter registration. 

 For these reasons, we will affirm the trial court's 

judgment. 

Affirmed.