Bill Text: VA SB443 | 2020 | Regular Session | Chaptered
Bill Title: Provisional voting; reorganization of sections, technical amendments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-04-06 - Governor: Acts of Assembly Chapter text (CHAP0735) [SB443 Detail]
Download: Virginia-2020-SB443-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§24.2-651.1, 24.2-652, 24.2-653, 24.2-653.1, 24.2-701, 24.2-701.1, 24.2-706, and 24.2-710 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 24.2-653.01 and 24.2-653.2 as follows:
§24.2-651.1. Voter who is shown as having already voted; provisional ballots.
Any person who offers to vote, who is listed on the pollbook,
and whose name is marked to indicate that he has already voted in person in the
election shall cast a provisional ballot as provided in pursuant to
§24.2-653. The State Board of Elections shall provide instructions to the
electoral boards for the handling and counting of such provisional ballots.
§24.2-652. Voter whose name erroneously omitted from pollbook; provisional ballots.
A. When a person offers to vote and his name does not appear on the pollbook, the officers of election shall permit him to vote only if all of the following conditions are met:
1. An officer of election is informed by the general registrar that the voter is registered to vote, that his registration has not been cancelled, and that his name is erroneously omitted from the pollbook.
2. The voter signs a statement, subject to felony penalties for false statements pursuant to §24.2-1016, that he is a qualified and registered voter of that precinct, a resident of that precinct, and his registration is not subject to cancellation pursuant to §§24.2-430, 24.2-431, and 24.2-432; and he provides, subject to such penalties, all the information required to identify himself including the last four digits of his social security number, if any, full name including the maiden or any other prior legal name, birthdate, and complete address.
3. The officer of election enters the identifying information for the voter on the pollbook.
When the voter has signed the statement and is permitted to vote, the officers of election shall mark his name on the pollbook with the next consecutive number from the voter count form, or shall enter that the voter has voted if the pollbook is in electronic form, and shall indicate on the pollbook that he has signed the required statement in accordance with the instructions of the State Board.
B. If the general registrar is not available or cannot state that the person is registered to vote, such person shall be allowed to vote by provisional ballot pursuant to §24.2-653. The officers of election shall provide to him an application for registration. The State Board of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots.
§24.2-653. Provisional voting; procedures in polling place.
A. When a person offers to vote pursuant to §24.2-652 and
the general registrar is not available or cannot state that the person is
registered to vote, then such person shall be allowed to vote by printed ballot
in the manner provided in this section. This procedure shall also apply when
required by §24.2-643 or 24.2-651.1.
Such Any person voting provisionally pursuant
to subsection B of §24.2-643, §24.2-651.1, subsection B of §24.2-652, or §
24.2-653.1 or 24.2-653.2 shall be given a printed ballot and provide,
subject to the penalties for making false statements pursuant to §24.2-1016,
on a green envelope supplied by the Department of Elections, the identifying
information required on the envelope, including the last four digits of his
social security number, if any, full name including the maiden or any other
prior legal name, date of birth, complete address, and signature. Such person
shall be asked to present one of the forms of identification specified in
subsection B of §24.2-643. The officers of election shall note on the green
envelope whether or not the voter has presented one of the specified forms of
identification. The officers of election shall enter the appropriate
information for the person in the precinct provisional ballots log in
accordance with the instructions of the State Board but shall not enter a
consecutive number for the voter on the pollbook nor otherwise mark his name as
having voted. The officers of election shall provide an application for
registration to the person offering to vote in the manner provided in this
section.
The voter shall then, in the presence of an officer of election, but in a secret manner, mark the printed ballot as provided in § 24.2-644 and seal it in the green envelope. The envelope containing the ballot shall then promptly be placed in the ballot container by an officer of election.
B. An officer of election, by a written notice given to
the voter, shall (i) inform him that a determination of his right to
vote shall be made by the electoral board, (ii) and advise the
voter of the beginning time and place for the board's meeting and of the
voter's right to be present at that meeting, and (iii) inform a. If
the voter is voting provisionally when as required by
§24.2-643, an officer of election, by written notice given to the voter,
shall also inform him that he may submit a copy of one of the forms of
identification specified in subsection B of §24.2-643 to the electoral board
by facsimile, electronic mail, in-person submission, or timely United States
Postal Service or commercial mail delivery, to be received by the electoral
board no later than noon on the third day after the election. At the meeting,
the voter may request an extension of the determination of the provisional vote
in order to provide information to prove that the voter is entitled to vote in
the precinct pursuant to §24.2-401. The electoral board shall have the
authority to grant such extensions which it deems reasonable to determine the
status of a provisional vote.
B. C. The provisional votes submitted pursuant
to subsection A, in their unopened envelopes, shall be sealed in a special
envelope marked "Provisional Votes," inscribed with the number of
envelopes contained therein, and signed by the officers of election who counted
them. All provisional votes envelopes shall be delivered either (i) to the
clerk of the circuit court who shall deliver all such envelopes to the secretary
of the electoral board or (ii) to the general registrar in localities in which
the electoral board has directed delivery of election materials to the general
registrar pursuant to §24.2-668.
The electoral board shall meet on the day following the
election and determine whether each person having submitted such a provisional
vote was entitled to do so as a qualified voter in the precinct in which he
offered the provisional vote. If the board is unable to determine the validity
of all the provisional ballots offered in the election, or has granted any
voter who has offered a provisional ballot an extension as provided in
subsection A, the meeting shall stand adjourned, not to exceed seven calendar
days from the date of the election, until the board has determined the validity
of all provisional ballots offered in the election.
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 shall be permitted to
remain in the room in which the determination is being made as an observer so
long as he does not participate in the proceedings and does not impede the
orderly conduct of the determination. Each authorized representative shall be a
qualified voter of any jurisdiction of the Commonwealth. Each representative,
who is not himself a candidate or party chairman, shall present to the
electoral board 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.
Notwithstanding the provisions of the Virginia Freedom of
Information Act (§2.2-3700 et seq.), attendance at meetings of the electoral
board to determine the validity of provisional ballots shall be permitted only
for the authorized representatives provided for in this subsection, for the
persons whose provisional votes are being considered and their representative
or legal counsel, and for appropriate staff and legal counsel for the electoral
board.
If the electoral board determines that such person was not
entitled to vote as a qualified voter in the precinct in which he offered the
provisional vote, is unable to determine his right to vote, or has not been
provided one of the forms of identification specified in subsection B of §
24.2-643, the envelope containing his ballot shall not be opened and his vote
shall not be counted. The provisional vote shall be counted if (a) such person
is entitled to vote in the precinct pursuant to §24.2-401 or (b) the
Department of Elections or the voter presents proof that indicates the voter
submitted an application for registration to the Department of Motor Vehicles
or other state-designated voter registration agency prior to the close of
registration pursuant to §24.2-416 and the registrar determines that the
person was qualified for registration based upon the application for
registration submitted by the person pursuant to subsection A. The general
registrar shall notify in writing pursuant to §24.2-114 those persons found
not properly registered or whose provisional vote was not counted.
If the electoral board determines that such person was
entitled to vote, the name of the voter shall be entered in a provisional votes
pollbook and marked as having voted, the envelope shall be opened, and the
ballot placed in a ballot container without any inspection further than that
provided for in §24.2-646.
On completion of its determination, the electoral board
shall proceed to count such ballots and certify the results of its count. Its
certified results shall be added to those found pursuant to §24.2-671. No
adjustment shall be made to the statement of results for the precinct in which
the person offered to vote. However, any voter who cast a provisional ballot
and is determined by the electoral board to have been entitled to vote shall
have his name included on the list of persons who voted that is submitted to
the Department of Elections pursuant to §24.2-406.
The certification of the results of the count together with
all ballots and envelopes, whether open or unopened, and other related material
shall be delivered by the electoral board to the clerk of the circuit court and
retained by him as provided for in §§24.2-668 and 24.2-669.
C. Whenever the polling hours are extended by an order of a
court of competent jurisdiction, any ballots marked after the normal polling
hours by persons who were not already in line at the time the polls would have
closed, notwithstanding the court order, shall be treated as provisional
ballots under this section. The officers of election shall mark the green
envelope for each such provisional ballot to indicate that it was cast after
normal polling hours due to the court order, and when preparing the materials
to deliver to the registrar or electoral board, shall separate these
provisional ballots from any provisional ballots used for any other reason. The
electoral board shall treat these provisional ballots as provided in subsection
B; however, the counted and uncounted provisional ballots marked after the
normal polling hours shall be kept separate from all other ballots and recorded
in a separate provisional ballots pollbook. The Department of Elections shall
provide instructions to the electoral boards for the handling and counting of
such provisional ballots pursuant to this section.
§24.2-653.01. Provisional ballots; electoral boards to make determination as to validity.
A. The electoral board shall meet on the day following the election and determine whether each person having submitted a provisional vote pursuant to §24.2-653 was entitled to do so as a qualified voter in the precinct in which he offered the provisional vote. At the meeting, the voter may request an extension of the determination of the provisional vote in order to provide information to prove that the voter is entitled to vote in the precinct pursuant to §24.2-401. The electoral board shall have the authority to grant such extensions that it deems reasonable to determine the status of a provisional vote.
If the board is unable to determine the validity of all the provisional ballots offered in the election, or has granted any voter who has offered a provisional ballot an extension, the meeting shall stand adjourned, not to exceed seven calendar days from the date of the election, until the board has determined the validity of all provisional ballots offered in the election.
B. The electoral board 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 determination is being made as an observer so long as he does not participate in the proceedings and does not impede the orderly conduct of the determination. Each authorized representative shall be a qualified voter of any jurisdiction of the Commonwealth. Each representative, who is not himself a candidate or party chairman, shall present to the electoral board 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.
Notwithstanding the provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.), attendance at meetings of the electoral board to determine the validity of provisional ballots shall be permitted only for the authorized representatives provided for in this subsection, for the persons whose provisional votes are being considered and their representative or legal counsel, and for appropriate staff and legal counsel for the electoral board.
C. If the electoral board determines that such person was not entitled to vote as a qualified voter in the precinct in which he offered the provisional vote, is unable to determine his right to vote, or has not been provided one of the forms of identification specified in subsection B of § 24.2-643, the envelope containing his ballot shall not be opened and his vote shall not be counted. The general registrar shall notify in writing pursuant to §24.2-114 those persons found not properly registered or whose provisional vote was not counted.
The provisional vote shall be counted if (i) such person is entitled to vote in the precinct pursuant to §24.2-401 or (ii) the Department of Elections or the voter presents proof that indicates the voter submitted an application for registration to the Department of Motor Vehicles or other state-designated voter registration agency prior to the close of registration pursuant to §24.2-416 and the registrar determines that the person was qualified for registration based upon the application for registration submitted by the person pursuant to subsection B of §24.2-652.
If the electoral board determines that such person was entitled to vote, the name of the voter shall be entered in a provisional votes pollbook and marked as having voted, the envelope shall be opened, and the ballot shall be placed in a ballot container without any inspection further than that provided for in §24.2-646.
D. On completion of its determination, the electoral board shall proceed to count such ballots and certify the results of its count. Its certified results shall be added to those found pursuant to §24.2-671. No adjustment shall be made to the statement of results for the precinct in which the person offered to vote. However, any voter who cast a provisional ballot and is determined by the electoral board to have been entitled to vote shall have his name included on the list of persons who voted that is submitted to the Department of Elections pursuant to §24.2-406.
E. The certification of the results of the count together with all ballots and envelopes, whether open or unopened, and other related material shall be delivered by the electoral board to the clerk of the circuit court and retained by him as provided for in §§24.2-668 and 24.2-669.
§24.2-653.1. Voters who did not receive absentee ballots; provisional ballots.
A. The provisions of this section shall apply when (i) a Any
person who offers to vote pursuant to §24.2-643 at his proper
polling place or at a central absentee voter precinct established by the
governing body of the county or city where he is registered to vote, (ii)
his but whose name is shown on the pollbook as having applied for an
absentee ballot, and (iii) shall be entitled to cast a provisional
ballot if, for any reason, he did not receive or has lost the
absentee ballot. In such case, he shall be entitled to cast a provisional
ballot after presenting required to present to the officer of
election a statement signed by him that he did not receive the ballot or has
lost the ballot, subject to felony penalties for making false statements as
pursuant to §24.2-1016.
B. Such person shall be, before being given a
printed ballot and be permitted to vote the provisional ballot in accordance
with the provisions of §24.2-653 and the instructions of the State Board.
The electoral board shall process the ballot in accordance with the provisions
of §24.2-653 §24.2-653.01 and the instructions of the State
Board.
§24.2-653.2. Ballots cast after normal close of polling hours due to court-ordered extension; provisional ballots.
Whenever the polling hours are extended by an order of a court of competent jurisdiction, any ballots marked after the normal polling hours by persons who were not already in line at the time the polls would have closed, notwithstanding the court order, shall be treated as provisional ballots under this section. The officers of election shall mark the green envelope for each such provisional ballot to indicate that it was cast after normal polling hours due to the court order, and when preparing the materials to deliver to the registrar or electoral board, shall separate these provisional ballots from any provisional ballots used for any other reason. The electoral board shall treat these provisional ballots as provided in § 24.2-653.01; however, the counted and uncounted provisional ballots marked after the normal polling hours shall be kept separate from all other ballots and recorded in a separate provisional ballots pollbook. The Department of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots pursuant to this section.
§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 §24.2-653.01 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, 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.
§24.2-701.1. Absentee voting in person.
A. Absentee voting in person shall be available on the forty-fifth day prior to any election and shall continue until 5:00 p.m. on the Saturday immediately preceding the election.
1. Any registered voter eligible to vote absentee pursuant to subsection A of §24.2-700 may vote absentee in person beginning on the forty-fifth day prior to the election in which he is offering to vote and continuing until the second Friday immediately preceding such election. He shall complete the application for an absentee ballot required by §24.2-701, and the general registrar shall process that application in accordance with the provisions of §24.2-706.
2. Any registered voter may vote absentee in person on or after the second Saturday immediately preceding the election in which he is offering to vote. He shall provide his name and his residence address in the county or city in which he is offering to vote. After verifying that the voter is a registered voter of that county or city, the general registrar shall enroll the voter's name and address on the absentee voter applicant list maintained pursuant to §24.2-706.
A registered voter voting by absentee ballot in person shall
provide one of the forms of identification specified in subsection B of §
24.2-643. If he does not show one of the forms of identification specified in
subsection B of §24.2-643, he shall be offered a provisional ballot under the
provisions of §24.2-653. The State Board shall provide instructions to the
general registrar for the handling and counting of such provisional ballots
pursuant to subsection B of §24.2-653 §24.2-653.01 and this
section.
B. Absentee voting in person shall be available during regular business hours. The electoral board of each county and city shall provide for absentee voting in person in the office of the general registrar. For purposes of this chapter, such 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. Any applicant who is in line to cast his ballot when the office of the general registrar or location being used for in-person absentee voting closes shall be permitted to cast his absentee ballot that day.
C. Additional locations in the county or city approved by the electoral boards may be available for absentee voting in person. Any such location shall be in a public building owned or leased by the county, city, or town within the county and may be in a facility that is owned or leased by the Commonwealth and used as a location for Department of Motor Vehicles facilities or as an office of the general registrar. Any such location shall have adequate facilities for the protection of all elections materials produced in the process of absentee voting in person, the voted and unvoted absentee ballots, and any voting systems in use at the location.
D. The general registrar may provide for the casting of absentee ballots in person pursuant to this section on voting systems. The Department shall prescribe the procedures for use of voting systems. The procedures shall provide for absentee voting in person on voting systems that have been certified and are currently approved by the State Board. The procedures shall be applicable and uniformly applied by the Department to all localities using comparable voting systems.
E. At least two officers of election shall be present during all hours that absentee voting in person is available and shall represent the two major political parties, except in the case of a party primary, when they may represent the party conducting the primary. However, such requirement shall not apply when (i) voting systems that are being used pursuant to subsection D are located in the office of the general registrar and (ii) the general registrar or an assistant registrar is present.
F. The Department shall include absentee ballots voted in person in its instructions for the preparation, maintenance, and reporting of ballots, pollbooks, records, and returns.
§24.2-706. Duty of general registrar on receipt of application; statement of voter.
A. On receipt of an application for an absentee ballot, the general registrar shall enroll the name and address of each registered applicant on an absentee voter applicant list that shall be maintained in the office of the general registrar with a file of the applications received. The list shall be available for inspection and copying and the applications shall be available for inspection only by any registered voter during regular office hours. Upon request and for a reasonable fee, the Department of Elections shall provide an electronic copy of the absentee voter applicant list to any political party or candidate. Such list shall be used only for campaign and political purposes. Any list made available for inspection and copying under this section shall contain the post office box address in lieu of the residence street address for any individual who has furnished at the time of registration or subsequently, in addition to his street address, a post office box address pursuant to subsection B of §24.2-418.
No list or application containing an individual's social security number, or any part thereof, or the individual's day and month of birth, shall be made available for inspection or copying by anyone. The Department of Elections shall prescribe procedures for general registrars to make the information in the lists and applications available in a manner that does not reveal social security numbers or parts thereof, or an individual's day and month of birth.
B. The completion and timely delivery of an application for an absentee ballot shall be construed to be an offer by the applicant to vote in the election.
The general registrar shall note on each application received whether the applicant is or is not a registered voter. In reviewing the application for an absentee ballot, the general registrar shall not reject the application of any individual because of an error or omission on any record or paper relating to the application, if such error or omission is not material in determining whether such individual is qualified to vote absentee.
If the application has been properly completed and signed and the applicant is a registered voter of the precinct in which he offers to vote, the general registrar shall, at the time when the printed ballots for the election are available, send by the deadline set out in §24.2-612, obtaining a certificate or other evidence of either first-class or expedited mailing or delivery from the United States Postal Service or other commercial delivery provider, or deliver to him in person in the office of the registrar, the following items and nothing else:
1. An envelope containing the folded ballot, sealed and marked "Ballot within. Do not open except in presence of a witness."
2. An envelope, with printing only on the flap side, for resealing the marked ballot, on which envelope is printed the following:
"Statement of Voter."
"I do hereby state, subject to felony penalties for making false statements pursuant to §24.2-1016, that my FULL NAME is ________ (last, first, middle); that I am now or have been at some time since last November's general election a legal resident of ________ (STATE YOUR LEGAL RESIDENCE IN VIRGINIA including the house number, street name or rural route address, city, zip code); that I received the enclosed ballot(s) upon application to the registrar of such county or city; that I opened the envelope marked 'ballot within' and marked the ballot(s) in the presence of the witness, without assistance or knowledge on the part of anyone as to the manner in which I marked it (or I am returning the form required to report how I was assisted); that I then sealed the ballot(s) in this envelope; and that I have not voted and will not vote in this election at any other time or place.
Signature of Voter ____________
Date ____________________
Signature of witness ___________"
For elections held after January 1, 2004, instead of the envelope containing the above oath, an envelope containing the standard oath prescribed by the presidential designee under §101(b)(7) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. §20301 et seq.) shall be sent to voters who are qualified to vote absentee under that Act.
When this statement has been properly completed and signed by the registered voter and witnessed, his ballot shall not be subject to challenge pursuant to §24.2-651.
3. A properly addressed envelope for the return of the ballot to the general registrar by mail or by the applicant in person.
4. Printed instructions for completing the ballot and statement on the envelope and returning the ballot.
For federal elections held after January 1, 2004, for any
voter who is required by subparagraph (b) of 52 U.S.C. §21083 of the Help
America Vote Act of 2002 to show identification the first time the voter votes
in a federal election in the state, the printed instructions shall direct the
voter to submit with his ballot (i) a copy of a current and valid photo
identification or (ii) a copy of a current utility bill, bank statement,
government check, paycheck or other government document that shows the name and
address of the voter. Such individual who desires to vote by mail but who does
not submit one of the forms of identification specified in this paragraph may
cast such ballot by mail and the ballot shall be counted as a provisional
ballot under the provisions of § 24.2-653 24.2-653.01. The
Department of Elections shall provide instructions to the electoral boards for
the handling and counting of such provisional ballots pursuant to subsection
B of §24.2-653 §24.2-653.01 and this section.
5. For any voter entitled to vote absentee under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. §20301 et seq.), information provided by the Department of Elections specific to the voting rights and responsibilities for such citizens, or information provided by the registrar specific to the status of the voter registration and absentee ballot application of such voter, may be included.
The envelopes and instructions shall be in the form prescribed by the Department of Elections.
C. If the applicant completes his application in person under §24.2-701 at a time when the printed ballots for the election are available, he may request that the general registrar send to him by mail the items set forth in subdivisions B 1 through 4, instead of casting the ballot in person. Such request shall be made no later than 5:00 p.m. on the seventh day prior to the election in which the applicant offers to vote, and the general registrar shall send those items to the applicant by mail, obtaining a certificate or other evidence of mailing.
D. If the applicant states as the reason for his absence on election day any of the reasons set forth in subdivision A 2 of §24.2-700, the general registrar, at the time when the printed ballots for the election are available, shall mail by the deadline set forth in §24.2-612 or deliver in person to the applicant in the office of the general registrar the items as set forth in subdivisions B 1 through 4 and, if necessary, an application for registration. A certificate or other evidence of mailing shall not be required. If the applicant requests that such items be sent by electronic transmission, the general registrar, at the time when the printed ballots for the election are available but not later than the deadline set forth in §24.2-612, shall send by electronic transmission the blank ballot, the form for the envelope for returning the marked ballot, and instructions to the voter. Such materials shall be sent using the official email address or fax number of the office of the general registrar published on the Department of Elections website. The State Board of Elections may prescribe by regulation the format of the email address used for transmitting ballots to eligible voters. A general registrar may also use electronic transmission facilities provided by the Federal Voting Assistance Program. The voted ballot shall be returned to the general registrar as otherwise required by this chapter.
E. The circuit courts shall have jurisdiction to issue an injunction to enforce the provisions of this section upon the application of (i) any aggrieved voter, (ii) any candidate in an election district in whole or in part in the court's jurisdiction where a violation of this section has occurred, or is likely to occur, or (iii) the campaign committee or the appropriate district political party chairman of such candidate. Any person who fails to discharge his duty as provided in this section through willful neglect of duty and with malicious intent shall be guilty of a Class 1 misdemeanor as provided in subsection A of §24.2-1001.
§24.2-710. Further duties of electoral board and general registrar; absentee voter applicant lists.
On receipt of an absentee ballot, the electoral board or general registrar shall mark the date of receipt in the appropriate column opposite the name and address of the voter on the absentee voter applicant list maintained in the general registrar's office. A board member or registrar shall deposit the return envelope and the unopened ballot envelope in an appropriate container provided for the purpose, in which they shall remain until the day of the election, unless the registrar opts to open sealed ballot envelopes in order to expedite the counting of absentee ballots in accordance with § 24.2-709.1.
On the day before the election, the general registrar shall (i) make out in triplicate on a form prescribed by the State Board the absentee voter applicant list containing the names of all persons who applied for an absentee ballot through the third day before the election and (ii) by noon on the day before the election, deliver two copies of the list to the electoral board. The general registrar shall make out a supplementary list containing the names of all persons voting absentee in person pursuant to §§24.2-705.1 and 24.2-705.2, or applying to vote absentee pursuant to §24.2-705, for delivery by 5:00 p.m. on the day before the election. The supplementary list shall be deemed part of the absentee voter applicant list and shall be prepared and delivered in accordance with the instructions of the State Board. The general registrar shall maintain one copy of the list in his office for two years as a public record open for inspection upon request during regular office hours.
On the day before the election, the electoral board shall deliver one copy of the list provided to it by the general registrar to the chief officer of election for each precinct. The list shall be attested by the secretary of the electoral board who shall be responsible for the delivery of the attested lists to the chief officer of election for each precinct.
Absentee ballots shall be accepted only from voters whose names appear on the attested list.
Before the polls close on the day of the election, the electoral board shall deliver the absentee ballot containers to, and obtain a receipt from, the officers of election at each appropriate precinct. Any ballot returned to the electoral board or general registrar prior to the closing of the polls, but after the ballot container has been delivered, shall be delivered in an appropriate container to the officers of election at each appropriate precinct. The containers shall be sealed prior to delivery to the officers and shall contain the sealed absentee ballots, the accompanying return envelopes, and a copy of the absentee voter applicant list for each precinct.
If the county or city uses a central absentee voter precinct pursuant to §24.2-712, the lists and containers shall be delivered, as provided in this section, to the officers of election for the absentee precinct.
Before noon on the day following the election, the general
registrar shall deliver all applications for absentee ballots for the election,
under seal, to the clerk of the circuit court for the county or city, except
that the general registrar may retain all applications for absentee ballots
until the electoral board has ascertained the results of the election pursuant
to §24.2-671, and has determined the validity of and counted all provisional
ballots pursuant to § 24.2-653 24.2-653.01, at which point all
applications shall then be delivered, under seal, to the clerk of the circuit
court for the county or city. The clerk shall retain the sealed applications
with the counted ballots.
The secretary of the electoral board shall deliver all absentee ballots received after the election to the clerk of the circuit court.
Upon request, the State Board shall provide an electronic copy
of the absentee voter applicant list to any political party or candidate. Such
lists shall be used only for campaign and political purposes. In no event shall
any list furnished under this section contain (i) (a) any voter's
social security number or any part thereof, (ii) (b) any voter's
day and month of birth, or (iii) (c) the residence address of any
voter who has provided a post office box address to be used on public lists
pursuant to §24.2-418.
