Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 50 - CANDIDATE QUALIFICATION › Section 1VAC20-50-30 - Appeals of petition signature insufficiency

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to the requirements of §§
									24.2-506 and
				24.2-543 of the Code of
				Virginia, a candidate for office, other than a party nominee, may appeal a
				determination that the candidate has failed to provide the required number of
				valid petition signatures necessary to qualify to appear on the
				ballot.
B. Any communication or
				notice required in this section shall be made in writing and delivered by mail
				or, unless otherwise prohibited by the Code of Virginia, electronically by
				electronic mail or facsimile. Notice of appeal from candidates must bear a
				photographically reproducible notary seal and be received by the deadlines
				established within this section.
C.
				A candidate for a county, city, or town office shall file his appeal with the
				local electoral board. A candidate for any other office shall file his appeal
				with the State Board of Elections.
D. A candidate for an office other than
				President of the United States must file his appeal within five calendar days
				of the issuance of the notice of disqualification.
E. A candidate for President of the United
				States must file his appeal within seven calendar days of the issuance of the
				notice of disqualification.
F. The
				proper body to which the appeal notice was given shall establish the time and
				place where the appeal will be heard and convey this information immediately to
				the candidate. Electronic mail will be the preferred method of notifying the
				candidate if such address has been provided by the candidate; otherwise, notice
				shall be sent by first-class mail.
G. The candidate bears the burden of proof in
				establishing that a sufficient number of signatures from qualified voters were
				timely provided.
1. The candidate must submit
				a list containing the rejected signatures to be reviewed and the specific
				reason for each signature's reconsideration at least two business days prior to
				the date on which the appeal will be heard. If the candidate submits no list,
				or submits a list that contains an insufficient number of names and
				reconsideration reasons to make up the number of signatures by which the
				candidate was deemed deficient, no appeal shall be held and the initial
				determination that the candidate did not qualify for the ballot will be
				final.
2. The candidate may submit
				documents clarifying the status of persons whose signatures were rejected for
				lacking proper registration status or residence.
3. The candidate may submit documents
				establishing the age of majority for any signer who was listed as ineligible
				due to status of being a legal minor.
4. The candidate may submit affidavits from
				persons whose signatures were rejected due to illegibility that attest to their
				identity. The affidavits should state the person's name, residence address,
				and, if possible, a reasonable description of the location where approached by
				the circulator to sign the petition.
5. The candidate may not submit documents
				establishing that a petition signer became registered or updated his voter
				registration status to the address provided upon the petition after the
				established candidate filing deadline for the office sought.