Thursday, October 20, 2016
House Democratic Leader, David J. Toscano (D-Charlottesville/Albemarle)
With Monday, October 17th. tje last day to register to vote in the November 8th presidential elections the on voter registration systems collapsed under the load of last-minute attempts to register. It took a federal judge to validate and force a 5-day extension to midnight Friday.
State law closes registration 21 days in advance of election with no exceptions.
House Democratic Leader, David J. Toscano (D-Charlottesville/Albemarle), today announced that a proposed change in state law to address emergencies that prevent citizens attempting to register from doing so in time of emergency. The proposed law would allow the S
Monday, November 15, 2010
Attorney General opinion in a nutshell: DMV can choose not to giveth but they can’t taketh away. Press release:
RICHMOND (November 15, 2010) – Attorney General Ken Cuccinelli issued an official opinion Friday informing the Virginia Department of Motor Vehicles (DMV) that it is not required to accept federal work permit cards as proof of lawful presence in the United States for the purpose of issuing a driver’s license, permit, or special identification card. The Employment Authorization Document, also known as an “EAD” or a “work permit,” is for individuals who are temporarily in the United States and seeking employment.
The opinion was in response to a request from Virginia DMV Commissioner Richard Holcomb. Virginia law requires applicants for drivers’ licenses, permits, and ID cards to present documentation showing they are lawfully present in the United States. The law does not spell out which documents an applicant can rely upon to establish lawful presence. Therefore, the opinion concludes that the DMV has the authority and the discretion to decide which documents are appropriate.
With respect to the Employment Authorization Document, the opinion states that the commissioner was within his discretion to discontinue using it to establish lawful presence. As the U.S. District Court for the Eastern District of Virginia concluded in a prior unrelated case – and the federal government also acknowledges – an EAD does not necessarily prove that a person is lawfully residing in the United States.
The opinion further concludes that the DMV is not authorized under Virginia law to cancel a driver’s license once a person has ceased to be lawfully present in the United States; for example, when a person is ordered deported or has been deported. A change in the law would be required to authorize the DMV to take the step of canceling a driver’s license in those situations.
The opinion can be found HERE.
Additional information DMV’s website is HERE.
Posted By Valerie Garner
Categories: Politics, State Politics
Tags: attorney_general, cuccinelli, law, study