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Financial Services Law Insights and Observations

Virginia AG Endorses Electronic Signatures for Voter Registration

Electronic Signatures

State Issues

On September 26, Virginia Attorney General Mark Herring issued a letter declaring that the Virginia State Board of Elections is not legally precluded from directing general registrars to accept voter registration applications with electronic signatures. “It is my opinion that, although no law requires the acceptance of mailed voter registration applications with electronic signatures, the State Board of Elections is not precluded from directing that general registrars accept such applications, and the State Board, in its discretion, may do so[.]” The letter also stated that the Board of Elections also has authority to establish standards to ensure the security of voter information and to verify the authenticity and validity of the electronic signatures. The letter validates the Board of Election’s decision to accept electronic signatures during the 2013 gubernatorial election.