Virginia Election Law:

What Every Candidate Needs to Know!

Linda Lindberg, General Registrar Arlington County, Virginia

Virginia Election Law

 What:

Code of Virginia

, Title 24-2  Where: http://leg1.state.va.us/000/src.htm

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Best Advice:

 Don’t assume ANYTHING!

 Make sure you understand deadlines and your campaign adheres to them.

 The candidate has the ultimate responsibility for anything his or her campaign does – penalties are assessed on the candidate.

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Key Areas of Focus

 Running for Office – Do It the Right Way!

 Voter Registration – More Deadlines  Campaign Volunteers and Election Day Activities

Calm, Happy Candidate

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Stressed, Unhappy Candidate

Running for Local Office

 Get the info – Candidate Information Bulletin, forms, Campaign Finance Guidelines  www.sbe.virginia.gov

, Candidate Information (State Board of Elections, or SBE)  Call your local Office of Voter Registration (OVR) April 2008 5

Most Common Mistakes Made

 Not understanding the law  Not understanding policies  Not asking questions 6 April 2008

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You Are Required to Open a Campaign Committee If . . .

 You submit the

Statement of Candidate Qualification Form

 You receive contributions or expend funds  Includes personal expenditures  You file a primary filing fee or are nominated for the General Election  You have otherwise been qualified for placement on the ballot April 2008

Opening A Committee

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All Candidates Must Open a Committee

 “Committee” is a general term used to describe the entity through which all contributions are received and expenditures are made  The committee name must contain at least the last name of the candidate File the

Statement of Organization for a Candidate

within 10 days of meeting requirements Appoint a treasurer, or serve as your own treasurer Establish a bank account for campaign funds. Must be under the name of the campaign committee – cannot use a personal bank account April 2008

The Smart Candidate . . .

    Gets the the e-filing software from SBE or OVR and plans to file financial reports electronically.

Knows his/her deadlines! All are in the Candidate Information Bulletin. File all required qualifying documents by the filing deadline.

Files all required financial reports deadlines.

ON TIME

. There can be some pretty steep financial penalties if you miss filing Works closely with his/her treasurer to make sure all contributions and expenditures are reported and that reports are filed on time.

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Suggestions for Campaign Finance Success

   Attend a Campaign Finance seminar offered by the SBE. Call the SBE Campaign Finance Division for more information. 804-864-8901 or toll free in Virginia, 800-552-9745 or email [email protected]

Get the e filing software! It’s easy and you even get email reminders of when reports are due.

Ask questions staff.

– call either your local OVR or the SBE Campaign Finance April 2008

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Voter Registration

  Chapter 4 of Title 24-2, and Article II of the

Constitution of Virginia

Basic Requirements in Virginia:     U.S. citizen,18 years or older (or will be 18 by the next general election) No felony conviction, or if so had rights restored Not adjudicated mentally incapacitated by the courts, or if so had rights restored Be a resident of the Commonwealth and the precinct where he votes April 2008

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Residency

 Under the Virginia Constitution, requires both

domicile

and

place of abode

at a Virginia residence address.

 There are special exceptions for military personnel stationed away from their legal residence and civilian citizens residing temporarily overseas, as well as college students attending school away from home.

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Registration Deadlines

   29 days before general elections and primaries (will change to 21 days in 2010) Applications submitted by mail must be postmarked by the registration deadline Applications made in person or delivered by third party must be received at registrar’s office by close of business on deadline April 2008 13

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Question

 If someone misses the registration deadline, can he still vote on Election Day?

 Answer: Any voter is entitled to vote a

provisional

ballot, but if he is not eligible, his provisional ballot will not be counted.

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Voter Registration Drives

 For helpful information, visit the State Board of Elections website at www.sbe.virginia.gov

. Select Voter Information, then Registration Guidelines from the left-hand menu.

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Campaign Volunteers

 Voter lists: Unless you use local party resources, you must purchase lists through the SBE, not the OVR  Check with your local OVR regarding pollwatcher guidelines April 2008

Question

 Can you post candidate signs wherever you want?

 Answer: NO! Check with local zone enforcement officials about local regulations for size, location and duration of candidate signs.

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Outside the Polls

 Campaign activity is prohibited within 40 feet from the entrance to the polling place.

 PLEASE be respectful of voters’ wishes if they don’t want to talk to you or take your literature.

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Inside the Polls

   Pollwatchers must sit behind the check in desks. They must present proper authorization from the party chair or candidate, as appropriate.

Officers of Election are required by law to state aloud the name and address affirmed by the voter.

Please don’t ask the O of E to repeat the name more than once, or to go back and check names you’ve missed.

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Inside the Polls, cont.

   Candidates may enter for a minimum of 10 minutes to thank voters and workers or to vote. No campaigning allowed!

NO ONE is permitted to display campaign material inside the polls (Code of Virginia, Sec. 24.2-604).    Includes pollwatchers, voters, candidates, officers of election No buttons, stickers, or clothing Voters may bring in sample ballots and brochures for their personal use No cell phone or electronic device use is permitted inside the polling place (except for officers of election on official business) 20 April 2008

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After the Polls Close

 One person representing each party or independent candidate may remain while results are tabulated.

 The rep CANNOT LEAVE the polling place until results are called in to the Electoral Board.

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Thank you!

 Questions?

22 April 2008