The State Board of Elections plans to re-evaluate its definition of a valid identification under Virginia’s new voter ID law after a state lawmaker raised concerns about the rule. On June 10, the board determined that expired but otherwise valid forms of identification will be accepted at the polls. Board members voted Tuesday to reconsider the regulation and reopen the public comment period for 21 days. The board plans to study whether it has the authority to determine what forms of ID are valid, media outlets reported. “What we are after is to find out if this person representing themselves at the polls is who they say they are,” said Chairman Charles Judd. “Then we have achieved what we need to achieve.”
State Sen. Mark D. Obenshain, R-Harrisonburg, asked the board last week to reconsider the regulation. In a letter to the board, Obenshain said he is concerned that its definition of “valid” conflicts with state law.
“The Code of Virginia . requires that a voter shows . a valid Virginia identification card. The state board, by regulation, now defines expired IDs — regardless of how much time has transpired since their expiration — as being expressly ‘valid,’ which, to my thinking, violates the plain meaning of the statute,” Obenshain wrote.
The board also received a letter from 18 Democratic state senators voicing support for the regulation.