Bill Text: VA SB442 | 2020 | Regular Session | Chaptered
Bill Title: Polling place activities; reorganization of sections, technical amendments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-03-31 - Governor: Acts of Assembly Chapter text (CHAP0561) [SB442 Detail]
Download: Virginia-2020-SB442-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§24.2-604, 24.2-649, 24.2-700, and 24.2-701 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 24.2-604.4, 24.2-604.5, and 24.2-604.6 as follows:
§24.2-604. Polling places; prohibited activities; prohibited area; penalties.
A. During the times the polls are open and ballots are being
counted, it shall be is unlawful for any person (i) to loiter or
congregate within 40 feet of any entrance of any polling place; (ii) within
such distance to give, tender, or exhibit any ballot, ticket, or other campaign
material to any person or to solicit or in any manner attempt to influence any
person in casting his vote; or (iii) to hinder or delay a qualified voter in
entering or leaving a polling place.
B. Prior to opening the polls, the officers of election shall post, in the area within 40 feet of any entrance to the polling place, sufficient notices which state "Prohibited Area" in two-inch type. The notices shall also state the provisions of this section in not less than 24-point type. The officers of election shall post the notices within the prohibited area to be visible to voters and the public.
C. The officers of election shall permit one authorized
representative of each political party or independent candidate in a general or
special election, or one authorized representative of each candidate in a
primary election, to remain in the room in which the election is being
conducted at all times. A representative may serve part of the day and be
replaced by successive representatives. The officers of election shall have
discretion to permit up to three authorized representatives of each political
party or independent candidate in a general or special election, or up to three
authorized representatives of each candidate in a primary election, to remain
in the room in which the election is being conducted. The officers shall permit
one such representative for each pollbook station. However, no more than one
such representative for each pollbook station or three representatives of any
political party or independent candidate, whichever number is larger, shall be
permitted in the room at any one time. Each authorized representative shall be
a qualified voter of any jurisdiction of the Commonwealth. Each representative
shall present to the officers of election a written statement designating him
to be a representative of the party or candidate and signed by the county or
city chairman of his political party, the independent candidate, or the primary
candidate, as appropriate. If the county or city chairman is unavailable to
sign such a written designation, such a designation may be made by the state or
district chairman of the political party. However, no written designation made
by a state or district chairman shall take precedence over a written
designation made by the county or city chairman. Such statement, bearing the
chairman's or candidate's original signature, may be photocopied, and such
photocopy shall be as valid as if the copy had been signed. No candidate whose
name is printed on the ballot shall serve as a representative of a party or
candidate for purposes of this section. Authorized representatives shall be
allowed, whether in a regular polling place or central absentee voter precinct,
to be close enough to the voter check-in table to be able to hear and see what
is occurring; however, such observation shall not violate the secret vote
provision of Article II, Section 3 of the Constitution of Virginia or otherwise
interfere with the orderly process of the election. Any representative who
complains to the chief officer of election that he is unable to hear or see the
process may accept the chief officer's decision or, if dissatisfied, he may
immediately appeal the decision to the local electoral board or general
registrar. Authorized representatives shall be allowed, whether in a regular
polling place or central absentee voter precinct, to use a handheld wireless
communications device, but shall not be allowed to use such a device to capture
a digital image inside the polling place or central absentee voter precinct.
The officers of election may prohibit the use of cellular telephones or other
handheld wireless communications devices if such use will result in a violation
of subsection A or D or §24.2-607. Authorized representatives shall not be
allowed in any case to provide assistance to any voter as permitted under §24.2-649
or to wear any indication that they are authorized to assist voters either
inside the polling place or within 40 feet of any entrance to the polling
place.
D. C. It shall be is unlawful for
any authorized representative permitted in the polling place pursuant to §
24.2-604.4, any voter, or any other person in the room to (i) hinder
or delay a qualified voter; (ii) give, tender, or exhibit any ballot, ticket,
or other campaign material to any person; (iii) solicit or in any manner
attempt to influence any person in casting his vote; (iv) hinder or delay any
officer of election; (v) be in a position to see the marked ballot of any other
voter; or (vi) otherwise impede the orderly conduct of the election.
E. The officers of election may require any person who is
found by a majority of the officers present to be in violation of this section
to remain outside of the prohibited area. Any person violating subsection A or
D is guilty of a Class 1 misdemeanor.
F. This section shall not be construed to prohibit a
candidate from entering any polling place on the day of the election to vote,
or to visit a polling place for no longer than 10 minutes per polling place per
election day, provided that he complies with the restrictions stated in
subsections A, D, and J.
G. This section shall not be construed to prohibit a minor
from entering a polling place on the day of the election to vote in a simulated
election at that polling place, provided that the local electoral board or
general registrar has determined that such polling place can accommodate
simulated election activities without interference or substantial delay in the
orderly conduct of the official voting process. Persons supervising or working
in a simulated election in which minors vote may remain within such polling
place. The local electoral board or general registrar and the chief officer for
the polling place shall exercise authority over, but shall have no
responsibility for the administration of, simulated election related activities
at the polling place.
H. A local electoral board or general
registrar may authorize in writing the presence of additional neutral observers
as may be deemed appropriate, except as otherwise prohibited or limited by this
section. Such observers shall comply with the restrictions in subsections A and
D and shall not be allowed in any case to provide assistance to any voter as
permitted under §24.2-649 or to wear any indication that they are authorized
to assist voters either inside the polling place or within 40 feet of any
entrance to the polling place.
I. The officers of election shall permit representatives of
the news media to visit and film or photograph inside the polling place for a
reasonable and limited period of time while the polls are open. However, the
media (i) shall comply with the restrictions in subsections A and D; (ii) shall
not film or photograph any person who specifically asks the media
representative at that time that he not be filmed or photographed; (iii) shall
not film or photograph the voter or the ballot in such a way that divulges how
any individual voter is voting; and (iv) shall not film or photograph the voter
list or any other voter record or material at the precinct in such a way that
it divulges the name or other information concerning any individual voter. Any
interviews with voters, candidates or other persons, live broadcasts, or taping
of reporters' remarks, shall be conducted outside of the polling place and the
prohibited area. The officers of election may require any person who is found
by a majority of the officers present to be in violation of this subsection to
leave the polling place and the prohibited area.
J. D. The provisions of subsections A and D
C shall not be construed to prohibit a person who approaches or enters the
polling place for the purpose of voting from wearing a shirt, hat, or other
apparel on which a candidate's name or a political slogan appears or from
having a sticker or button attached to his apparel on which a candidate's name
or a political slogan appears. This exemption shall not apply to candidates,
representatives of candidates, or any other person who approaches or enters the
polling place for any purpose other than voting.
E. This section shall not be construed to prohibit a candidate from entering any polling place on the day of the election to vote, or to visit a polling place for no longer than 10 minutes per polling place per election day, provided that he complies with the restrictions stated in subsections A, C, and D.
F. The officers of election may require any person who is found by a majority of the officers present to be in violation of this section to remain outside of the prohibited area. Any person violating subsection A or C is guilty of a Class 1 misdemeanor.
§24.2-604.4. Polling places; authorized representatives of party or candidate; prohibited activities.
A. The officers of election shall permit one authorized representative of each political party or independent candidate in a general or special election, or one authorized representative of each candidate in a primary election, to remain in the room in which the election is being conducted at all times. A representative may serve part of the day and be replaced by successive representatives. The officers of election shall have discretion to permit up to three authorized representatives of each political party or independent candidate in a general or special election, or up to three authorized representatives of each candidate in a primary election, to remain in the room in which the election is being conducted. The officers shall permit one such representative for each pollbook station. However, no more than one such representative for each pollbook station or three representatives of any political party or independent candidate, whichever number is larger, shall be permitted in the room at any one time.
B. Each authorized representative shall be a qualified voter of any jurisdiction of the Commonwealth. No candidate whose name is printed on the ballot shall serve as a representative of a party or candidate for purposes of this section.
Each representative shall present to the officers of election a written statement designating him to be a representative of the party or candidate that is signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. If the county or city chairman is unavailable to sign such a written designation, such a designation may be made by the state or district chairman of the political party. However, no written designation made by a state or district chairman shall take precedence over a written designation made by the county or city chairman. Such statement, bearing the chairman's or candidate's original signature, may be photocopied, and such photocopy shall be as valid as if the copy had been signed.
C. Authorized representatives shall be allowed, whether in a regular polling place or central absentee voter precinct, to be close enough to the voter check-in table to be able to hear and see what is occurring; however, such observation shall not violate the secret vote provision of Article II, Section 3 of the Constitution of Virginia or otherwise interfere with the orderly process of the election. Any representative who complains to the chief officer of election that he is unable to hear or see the process may accept the chief officer's decision or, if dissatisfied, he may immediately appeal the decision to the local electoral board or general registrar.
D. Authorized representatives shall be allowed, whether in a regular polling place or central absentee voter precinct, to use a handheld wireless communications device but shall not be allowed to use such a device to capture a digital image inside the polling place or central absentee voter precinct. The officers of election may prohibit the use of cellular telephones or other handheld wireless communications devices if such use will result in a violation of subsection A or C of §24.2-604 or §24.2-607.
E. Authorized representatives shall not be allowed in any case to provide assistance to any voter as permitted under §24.2-649 or to wear any indication that they are authorized to assist voters either inside the polling place or within 40 feet of any entrance to the polling place.
F. The officers of election may require any person who is
found by a majority of the officers present to be in violation of this section
to remain outside of the prohibited area.
§24.2-604.5. Polling places; presence of additional persons authorized.
A. A local electoral board or general registrar may authorize in writing the presence in the polling place of additional neutral observers as may be deemed appropriate, except as otherwise prohibited or limited by the provisions of §24.2-604. Such observers shall comply with the restrictions in subsections A and C of §24.2-604 and shall not be allowed in any case to provide assistance to any voter as permitted under §24.2-649 or to wear any indication that they are authorized to assist voters either inside the polling place or within 40 feet of any entrance to the polling place. The officers of election may require any person who is found by a majority of the officers present to be in violation of this subsection to remain outside of the prohibited area.
B. The officers of election shall permit representatives of the news media to visit and film or photograph inside the polling place for a reasonable and limited period of time while the polls are open. However, the media (i) shall comply with the restrictions in subsections A and C of § 24.2-604; (ii) shall not film or photograph any person who specifically asks the media representative at that time that he not be filmed or photographed; (iii) shall not film or photograph the voter or the ballot in such a way that divulges how any individual voter is voting; and (iv) shall not film or photograph the voter list or any other voter record or material at the precinct in such a way that it divulges the name or other information concerning any individual voter. Any interviews with voters, candidates, or other persons; live broadcasts; or taping of reporters' remarks shall be conducted outside of the polling place and the prohibited area. The officers of election may require any person who is found by a majority of the officers present to be in violation of this subsection to leave the polling place and the prohibited area.
§24.2-604.6. Polling places; simulated election activities.
Minors may be permitted to enter a polling place on the day of the election to vote in a simulated election at that polling place, provided that the local electoral board or general registrar has determined that such polling place can accommodate simulated election activities without interference or substantial delay in the orderly conduct of the official voting process. Persons supervising or working in a simulated election in which minors vote may remain within such polling place. The local electoral board or general registrar and the chief officer for the polling place shall exercise authority over, but shall have no responsibility for the administration of, simulated election related activities at the polling place.
§24.2-649. Assistance for certain voters; penalties.
A. Any voter age 65 or older or physically disabled may request and then shall be handed a printed ballot by an officer of election outside the polling place but within 150 feet of the entrance to the polling place. The voter shall mark the printed ballot in the officer's presence but in a secret manner and, obscuring his vote, return the ballot to the officer. The officer shall immediately return to the polling place and shall deposit a paper ballot in the ballot container in accordance with §24.2-646 or a machine-readable ballot in the ballot scanner machine in accordance with the instructions of the State Board.
Any county or city that has acquired an electronic voting machine that is so constructed as to be easily portable may use the voting machine in lieu of a printed ballot for the voter requiring assistance pursuant to this subsection. However, the electronic voting machine may be used in lieu of a printed ballot only so long as: (i) the voting machine remains in the plain view of two officers of election representing two political parties, or in a primary election, two officers of election representing the party conducting the primary, provided that if the use of two officers for this purpose would result in too few officers remaining in the polling place to meet legal requirements, the voting machine shall remain in plain view of one officer who shall be either the chief officer or the assistant chief officer and (ii) the voter casts his ballot in a secret manner unless the voter requests assistance pursuant to this section. After the voter has completed voting his ballot, the officer or officers shall immediately return the voting machine to its assigned location inside the polling place. The machine number, the time that the machine was removed and the time that it was returned, the number on the machine's public counter before the machine was removed and the number on the same counter when it was returned, and the name or names of the officer or officers who accompanied the machine shall be recorded on the statement of results.
B. Any qualified voter who requires assistance to vote by reason of physical disability or inability to read or write may, if he so requests, be assisted in voting. If he is blind, he may designate an officer of election or any other person to assist him. If he is unable to read and write or disabled for any cause other than blindness, he may designate an officer of election or some other person to assist him other than the voter's employer or agent of that employer, or officer or agent of the voter's union.
The officer of election or other person so designated shall not enter the booth with the voter unless (i) the voter signs a request stating that he requires assistance by reason of physical disability or inability to read or write and (ii) the officer of election or other person signs a statement that he is not the voter's employer or an agent of that employer, or an officer or agent of the voter's union, and that he will act in accordance with the requirements of this section. The request and statement shall be on a single form furnished by the State Board. If the voter is unable to sign the request, his own mark acknowledged by him before an officer of election shall be sufficient signature, provided no mark shall be required of a voter who is blind. An officer of election shall advise the voter and person assisting the voter of the requirements of this section and record the name of the voter and the name and address of the person assisting him.
The officer of election or other person so designated shall assist the qualified voter in the preparation of his ballot in accordance with his instructions and without soliciting his vote or in any manner attempting to influence his vote and shall not in any manner divulge or indicate, by signs or otherwise, how the voter voted on any office or question. If a printed ballot is used, the officer or other person so designated shall deposit the ballot in the ballot container in accordance with §24.2-646 or in the ballot scanner machine in accordance with the instructions of the State Board.
C. If the voter requires assistance in a language other than
English and has not designated a person to assist him, an officer of election,
before he assists as interpreter, shall inquire of the representatives
authorized to be present pursuant to §24.2-604 §24.2-604.4
whether they have a volunteer available who can interpret for the voter. One
representative interpreter for each party or candidate, insofar as available,
shall be permitted to observe the officer of election communicate with the
voter. The voter may designate one of the volunteer party or candidate
interpreters to provide assistance. A person so designated by the voter shall
meet all the requirements of this section for a person providing assistance.
D. A person who willfully violates subsection B or C is guilty of a Class 1 misdemeanor. In addition, the provisions of §24.2-1016 and its felony penalties for false statements shall be applicable to any request or statement signed pursuant to this section, and the provisions of §§24.2-704 and 24.2-1012 and the felony penalties for violations of the law related to providing assistance to absentee voters shall be applicable in such cases.
E. In any precinct in which an electronic voting machine is available that provides an audio ballot, the officers of election shall notify a voter requiring assistance pursuant to this section that such machine is available for him to use to vote in privacy without assistance and the officers of election shall instruct the voter on the use of the voting machine. Nothing in this section shall be construed to require a voter to use the machine unassisted.
§24.2-700. Persons entitled to vote by absentee ballot.
A. The following registered voters may vote by absentee ballot in accordance with the provisions of this chapter in any election in which they are qualified to vote:
1. Any person who, in the regular and orderly course of his business, profession, or occupation or while on personal business or vacation, will be absent from the county or city in which he is entitled to vote;
2. Any person who is (i) a member of a uniformed service, as defined in §24.2-452, on active duty, (ii) temporarily residing outside of the United States, or (iii) the spouse or dependent residing with any person listed in clause (i) or (ii), and who will be absent on the day of the election from the county or city in which he is entitled to vote;
3. Any student attending a school or institution of higher education, or his spouse, who will be absent on the day of election from the county or city in which he is entitled to vote;
4. Any duly registered person with a disability, as defined in §24.2-101, who is unable to go in person to the polls on the day of election because of his disability, illness, or pregnancy;
5. Any person who is confined while awaiting trial or for having been convicted of a misdemeanor, provided that the trial or release date is scheduled on or after the third day preceding the election. Any person who is awaiting trial and is a resident of the county or city where he is confined shall, on his request, be taken to the polls to vote on election day if his trial date is postponed and he did not have an opportunity to vote absentee;
6. Any person who is a member of an electoral board, registrar, officer of election, or custodian of voting equipment;
7. Any duly registered person who is unable to go in person to the polls on the day of the election because he is primarily and personally responsible for the care of an ill or disabled family member who is confined at home;
8. Any duly registered person who is unable to go in person to the polls on the day of the election because of an obligation occasioned by his religion;
9. Any person who, in the regular and orderly course of his business, profession, or occupation, will be at his place of work and commuting to and from his home to his place of work for 11 or more hours of the 13 hours that the polls are open pursuant to §24.2-603;
10. Any person who is a law-enforcement officer, as defined in §18.2-51.1; firefighter, as defined in §65.2-102; volunteer firefighter, as defined in §27-42; search and rescue personnel, as defined in §18.2-51.1; or emergency medical services personnel, as defined in §32.1-111.1;
11. Any person who has been designated by a political party,
independent candidate, or candidate in a primary election to be a
representative of the party or candidate inside a polling place on the day of
the election pursuant to subsection C of §24.2-604 and §24.2-639 §§
24.2-604.4 and 24.2-639; or
12. Any person granted a protective order issued by or under the authority of any court of competent jurisdiction.
B. Any registered voter may vote by absentee ballot in person beginning on the second Saturday immediately preceding any election in which he is qualified to vote.
§24.2-701. Application for absentee ballot.
A. The State Board shall furnish each general registrar with a sufficient number of applications for official absentee ballots. The registrars shall furnish applications to persons requesting them.
The State Board shall implement a system that enables eligible persons to request and receive an absentee ballot application electronically through the Internet. Electronic absentee ballot applications shall be in a form approved by the State Board.
Except as provided in §24.2-703, a separate application shall be completed for each election in which the applicant offers to vote. An application for an absentee ballot may be accepted the later of (i) 12 months before an election or (ii) the day following any election held in the twelfth month prior to the election in which the applicant is applying to vote.
An application that is completed in person at the same time that the applicant registers to vote shall be held and processed no sooner than the fifth day after the date that the applicant registered to vote; however, this requirement shall not be applicable to any person who is qualified to vote absentee under subdivision A 2 of §24.2-700.
Any application received before the ballots are printed shall be held and processed as soon as the printed ballots for the election are available.
For the purposes of this chapter, the general registrar's office shall be open a minimum of eight hours between the hours of 8:00 a.m. and 5:00 p.m. on the first and second Saturday immediately preceding all elections.
Unless the applicant is disabled, all applications for absentee ballots shall be signed by the applicant who shall state, subject to felony penalties for making false statements pursuant to §24.2-1016, that to the best of his knowledge and belief the facts contained in the application are true and correct and that he has not and will not vote in the election at any other place in Virginia or in any other state. If the applicant is unable to sign the application, a person assisting the applicant will note this fact on the applicant signature line and provide his signature, name, and address.
B. Applications for absentee ballots shall be completed in the following manner:
1. An application completed in person shall be completed only in the office of the general registrar and signed by the applicant in the presence of a registrar. The applicant shall provide one of the forms of identification specified in subsection B of §24.2-643. Any applicant who does not show one of the forms of identification specified in subsection B of § 24.2-643 shall be offered a provisional ballot under the provisions of § 24.2-653. The State Board of Elections shall provide instructions to the general registrar for the handling and counting of such provisional ballots pursuant to subsection B of §24.2-653 and this section.
2. Any other application may be made by mail, electronic or telephonic transmission to a facsimile device if one is available to the office of the general registrar or the office of the State Board if a device is not available locally, or other means. The application shall be on a form furnished by the registrar or, if made under subdivision A 2 of §24.2-700, may be on a federal postcard application prescribed pursuant to 52 U.S.C. §20301(b)(2). The federal postcard application may be accepted the later of (i) 12 months before an election or (ii) the day following any election held in the twelfth month prior to the election in which the applicant is applying to vote. The application shall be made to the appropriate registrar no later than 5:00 p.m. on the seventh day prior to the election in which the applicant offers to vote.
C. Applications for absentee ballots shall contain the following information:
1. The applicant's printed name, the last four digits of the applicant's social security number, and the reason the applicant will be absent or cannot vote at his polling place on the day of the election. However, an applicant completing the application in person shall not be required to provide the last four digits of his social security number;
2. A statement that he is registered in the county or city in which he offers to vote and his residence address in such county or city. Any person temporarily residing outside the United States shall provide the last date of residency at his Virginia residence address, if that residence is no longer available to him. Any person who makes application under subdivision A 2 of § 24.2-700 who is not a registered voter may file the applications to register and for a ballot simultaneously;
3. The complete address to which the ballot is to be sent directly to the applicant, unless the application is made in person at a time when the printed ballots for the election are available and the applicant chooses to vote in person at the time of completing his application. The address given shall be (i) the address of the applicant on file in the registration records; (ii) the address at which he will be located while absent from his county or city; or (iii) the address at which he will be located while temporarily confined due to a disability or illness. No ballot shall be sent to, or in care of, any other person; and
4. In the case of a person, or the spouse or dependent of a person, who is on active duty as a member of the uniformed services as defined in §24.2-452, the branch of service to which he or the spouse belongs; or
5. In the case of a student, or the spouse of a student, who is attending a school or institution of higher education, the name of the school or institution of higher education; or
6. In the case of any duly registered person with a disability, as defined in §24.2-101, who is unable to go in person to the polls on the day of the election because of his disability, illness, or pregnancy, that he is a person with a disability, illness, or pregnancy; or
7. In the case of a person who is confined awaiting trial or for having been convicted of a misdemeanor, the name of the institution of confinement; or
8. In the case of a person who will be absent on election day for business reasons, the name of his employer or business; or
9. In the case of a person who will be absent on election day for personal business or vacation reasons, the name of the county or city in Virginia or the state or country to which he is traveling; or
10. In the case of a person who is unable to go to the polls on the day of election because he is primarily and personally responsible for the care of an ill or disabled family member who is confined at home, his relationship to the family member; or
11. In the case of a person who is unable to go to the polls on the day of election because of an obligation occasioned by his religion, that he has an obligation occasioned by his religion; or
12. In the case of a person who, in the regular and orderly course of his business, profession, or occupation, will be at his place of work and commuting to and from his home to his place of work for 11 or more hours of the 13 hours that the polls are open pursuant to §24.2-603, the name of his business or employer and hours he will be at the workplace and commuting on election day; or
13. In the case of a law-enforcement officer, as defined in § 18.2-51.1; firefighter, as defined in §65.2-102; volunteer firefighter, as defined in §27-42; search and rescue personnel, as defined in §18.2-51.1; or emergency medical services personnel, as defined in §32.1-111.1, that he is a first responder; or
14. In the case of a person who has been designated by a
political party, independent candidate, or candidate in a primary election to
be a representative of the party or candidate inside a polling place on the day
of the election pursuant to subsection C of §24.2-604 and §24.2-639
§§24.2-604.4 and 24.2-639, the fact that he is so designated; or
15. In the case of a person who has been granted a protective order issued by or under the authority of any court of competent jurisdiction, the name of the county or city in Virginia or the state of the issuing court.
D. An application shall not be required for any registered voter appearing in person to cast an absentee ballot during the period beginning on the second Saturday immediately preceding the election in which he is offering to vote.
